Filed chapter 13 for my house. Another bank gave me a loan to pay what was behind on my house so I ended the bankruptcy without finishing the process or really starting it for that matter. Can I get this removed off my credit report? Filed in NC.
answered on Sep 29, 2020
No. The fact that you filed a Chapter 13 and it was dismissed is a public record. This is an accurate credit report and you cannot get that deleted. Fortunately, the fact you filed bankruptcy will have less effect upon your credit score as the years pass by, and your positive credit history will... Read more »
N/a
answered on Sep 26, 2020
You should see a bankruptcy attorney for a personal consultation as soon as possible. I don;t know what kind of notice you received, but if it is from the Sheriff with a "writ of execution" this is extremely urgent and you should not delay the consultation. A qualified consumer... Read more »
answered on Aug 24, 2020
Contact the attorney that you did the previous bankruptcy with. They should have a copy of everything in your file.
answered on Aug 14, 2020
Depends. Consult a bankruptcy lawyer who can review your entire financial situation and then make a recommendation!
hello,
My question is the trustee did his final distribution report about a week & half ago and has abandoned all property in my ch.7 I can't get anyone to answer at the bankruptcy court to tell me if the decree has been issued And my attorney has stopped replying to emails!... Read more »
answered on Aug 7, 2020
You probably won't be able to close on the home sale until yoou get your Discharge and the case closes. The title attorney may not clear the sale until then. The Discharge generally comes about 70-75 days after your first scheduled Meeting of Creditors. The Trustee files the report of no... Read more »
Hello,
I can not get my Bankruptcy attorney to contact me back or the Trustee. We have been discharged for 2 years and need to sell our home because of owning a business.. but i was told i cannot sell the home without the trustee saying yes. But I don't know what to do if the ATTORNEY... Read more »
answered on Jul 29, 2020
The title insurance company is probably reluctant to approve title insurance for a sale until the Chapter 7 is reported as "closed". No attorney can tell you anything specific about your particular situation without reviewing the Trustee's Final Report. Any hapter 7 case where the... Read more »
the courts have accepted and approved the order the Ch.7 trustee did The final Report for compensation & applications & deadline to object. I just wanna know how long does it take to get the Decree showing closed? And my Bankruptcy attorney will not contact me nor will the trustee what... Read more »
answered on Jul 28, 2020
The Clerk's offices are lightly staffed, with many staff working from home due to COVID. The same thing exists in the Bankruptcy Administrator's office. Things are taking a little longer than normal. I suggest you call the Clerk of Court and explain the situation. If the Clerk is waiting... Read more »
the trustee of my Ch. 7 has already done his final report & applications for distribution. I was discharged 2 years ago & now i sold my home and we close next week & the case is still showing not closed.. even though he has already disbursed funds and courts accepted his final report... Read more »
answered on Jul 22, 2020
The answer is in the final report you received. There is a line for your home, which shows it being exempted. If the final report is done, the case is closed and he cannot reach any new assets such as the proceeds from the sale of your home. Contact the attorney you used for your bankruptcy for the... Read more »
Hello
My wife and I decided to file for bankruptcy, we have too many debts, credits cards,loans, car repossessed...
I also have a Federal Student loan of about $60.000 and I know it's super hard and almost impossible to discharge federal student loans but from my researches... Read more »
answered on Jul 9, 2020
Student loans are rarely ever completely discharged. You have to prove undue and continuing hardship. It does cost more bc it is a separate proceeding within the bankruptcy.
answered on Jul 6, 2020
A bankruptcy trustee does not "recommend" a Chapter 7. If someone who owes you money filed a Chapter 7, the Trustee confirms their eligibility to file bankruptcy and looks for any assets which are not "exempt" that he could sell to pay the creditors. The Trustee will then file a... Read more »
My ex-husband has filed Ch 13 (originally CH 7 but converted to Ch 13). In our divorce decree he is to pay for 1/2 of what is not covered by insurance for our kids medical (owes $2832.67) and a loan that he was to get in his own name but never did and stopped paying so I started paying it since my... Read more »
answered on Jul 2, 2020
You cannot change a dischargeable debt into a nondischargeable debt. It either is, or is not, dischargeable. It is very difficult for a non attorney to judge whether an obligation is a "domestic support obligation" or not. You need to take your separation agreement or equitable... Read more »
I'm filing chapter 7, not chapter 13. If I purchase a car with ONLY unemployment income, should I still wait until after I file? If so, how long after?
answered on Jun 17, 2020
It depends upon how much the car is worth, how many other cars you own and how much equity you have in real estate. You will have to wait a minimum of 90 days after you purchase the car no matter what. Most consumer bankruptcy attorneys offer free consultations. You should consult personally with a... Read more »
I am collecting Unemployment benefits under the CARES Act. This includes both State and Federal compensation. Can I use both the State & Federal Unemployment income to purchase a used vehicle (for $4,000 or less) and be assured the court cannot take it after the bankruptcy? I was told by my... Read more »
answered on Jun 7, 2020
I would not buy it until after I filed bankruptcy. That makes it a postpetition purchase. If it is purchased using CARES money you should be fine. Also, you have exemptions you can use to protect t the money or the car from being seized.
we have planned to keep our home mortgage and heloc.
I'm in chapter 7. I have an invalid judgment lien. Can I file a motion to avoid, and then subsequently initiate an adversary proceeding to have the judgment removed? In other words, by seeking to avoid, am I somehow giving credibility to the judgment's validity or creating an estoppel on... Read more »
I do not have the full amount but can make payments. Do I initiate the payment plan or wait until the lawyers go through discovery?
answered on Apr 1, 2020
Contact your lawyer and initiate a compromise settlement or payment plan with the creditor.
1. Paid all lawyers fees 1st year
2. All creditors came back for the full amount, claiming to have never received any payment
3. Lawyer won't give me any further information
4. All payments were good except the last 5 payments
answered on Mar 20, 2020
If your proposed Chapter 13 plan was confirmed, any money you paid in would be paid out to creditors according to the terms of the plan and you would not receive it back.
Depending on the terms of the plan, your payments may have gone to pay your attorney fees first. Then when your case... Read more »
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