Get free answers to your Bankruptcy legal questions from lawyers in your area.
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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View More
I failed to complete my chapter 13 bankruptcy. The car was paid 9,000. They came and took it back even after payments. What can I do?
answered on Mar 10, 2020
If the bankruptcy was dismissed, they can repossess the car.
Dismissed due to multiple missed payments. Lawyers were paid off top, 1st year over 5,000. Where is my money? All of the creditors claim they never received any money. is the money held at the trustee office until completion, then distributed to each creditor?
answered on Mar 10, 2020
If your bankruptcy trustee uses their system, you can get details about how the funds in your case were disbursed by logging into https://www.ndc.org/home. Because debts are paid in a specific order, some of your creditors may not have received any money because higher priority creditors get paid... View More
A bank called Deutsche Bank has stated that they are the trustee on my loan and I have never heard of them prior to them trying to foreclose on my property. They are not listed on any paperwork that I have had nor my DEED. They are listed on MERS but it states INACTIVE. I have been approved for... View More
answered on Feb 29, 2020
You need to have a lawyer look at this for you but DB does not have to be listed on the deed or trust if they subsequently purchased it.
answered on Feb 29, 2020
No. Greensboro, NC is in the middle district of NC while Charlotte is in the Western District of NC. You will have to file in the Western District.
I have 14000 in credit card debt and 5000 in collection debt mostly medical bills. My truck is paid off and I don't own a house. I make about 25000 a year. I can't afford the monthly payments on the credit cards and still be able to live. I don't know what my options are.
answered on Feb 10, 2020
Depends on what your truck is worth and what the debt on it is. Consult a competent bankruptcy attorney and let him flush out the facts to determine your best action.
I was sued by Allstate and did not get a chance to go to the court date since I moved to another state and heard about it late. I found out that it was a default judgement and I was required to pay 24k. Since then my license has been suspended and I can only get it back if I start a payment plan. I... View More
answered on Feb 5, 2020
You should hire another bankruptcy attorney and file again. Not going to court for any reason is a bad plan bc the end result is always the same. You lose. Refill it, make the 341 meeting and get the default discharged.
my husband is 70 and was working. this past year he got congestive heart failure and had to retire. i have severe copd and our doctors and medicines take more than we draw. what i want to know is can bank of america levy our checking account. we can't afford to go to a lawer. we have... View More
answered on Feb 3, 2020
They can levy it but if you show the proceeds are all social security, they will have to refund it.
answered on Jan 17, 2020
You have to obtain permission From the court to incur debt while in Chapter 13. If permitted, then you should be able to use the land as collateral.
Case No. 19-01697-5-JNC
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
