Get free answers to your Bankruptcy legal questions from lawyers in your area.
She has not been living here at home for some time and has been living with her Mother who has convinced her to file for bankruptcy to get rid of her obligations to our debts. She is hiding money from the case to help strengthen it in her mothers accounts as well as possible accounts. She has... View More 
answered on Dec 4, 2019
If you can prove she is hiding money, you may want to advise the trustee in her bankruptcy case.
exempt. I spoke with a bankruptcy lawyer and was advised an IRA is exempt.
answered on Aug 20, 2019
No. You should speak with a competent bankruptcy attorney and he can tell you how best to protect your money.
answered on Aug 20, 2019
I believe that this question stems from an earlier one about whether you should move money from your bank account to an IRA prior to filing bankruptcy. There is no question that funds held in an IRA are subject to both federal and state exemptions. My point was that the act of converting a... View More
I am considering bankruptcy next year and have money in the bank , should I move the money to an IRA account prior to filing ? I did speak with an attorney and was told IRA's are exempt.
answered on Aug 20, 2019
No, you shouldn't make any moves like this without first consulting a local bankruptcy attorney. Pre-bankruptcy asset planning is tricky and shouldn't be done without a full understanding of the risks. Certain activities including moving money around can be avoided by the trustee and put... View More
The friend has a 5013c nonprofit corporation. It appears to still be active when I searched on business entities on the sos but I'm not sure if the bankruptcy was personal or for the business. Are there implications if I cash the check?
We filed chapter 13 in 2010. Paid until 2015 and were discharged. Had a mortgage I never reaffirmed and continued paying on. In 2017 after 7 years from BK filing the mortgage showed closed on my credit report. Not long after that another mortgage company bought the mortgage and since have been... View More
answered on Aug 14, 2019
Yes. If the debt was discharged and not reaffirmed, they are violating the stay by reporting it and may be liable for damages.
answered on Jul 22, 2019
This forum is not the place to seek legal representation in any specific situation. Use the "Find a Lawyer" tab at the top of every page.
the stay was lifted and now the foreclosure sale was held today and sold for $55,000.00 . Amount due was 54,622.85 Value Approx $200,000.00. we have tried to set up payment plan with every one and had buyers for property but creditor and buyer today did things to keep anyone else buying it. our... View More
answered on Jul 12, 2019
It is doubtful you can do anything to preclude the sale unless you can find someway to purchase it and you would need the Courts permission to do so. It is somewhat unusual that the trustee would let a 200,000 piece of property go for 55k bc there’s another 145,000 that could be used to pay your... View More
this company has many other liens, so the question is whether the payroll taxes have superior lien status
answered on Jun 27, 2019
The payroll taxes are a priority debt which cannot be discharged and must be paid ahead of allunsecured claims.
I own an S Corp, we close the office last fall due to lack or work. We have not been able to get it going again and we owe 8k in cards and around 15k on a loan. If we file chapter 7 does the debt the company owed then comes to me, or is it gone with the failed company? As of right now I dont see... View More
answered on Jun 13, 2019
Unless you signed as a personal obligation on the nite, the debt stays with the s Corp.
what happens if i just stop paying the credit cards, use a debt relief company, or BR
answered on Jun 10, 2019
You should try using a reputable debt relief company (watch out for scammers); if that fails look at bankruptcy.
I need to know if I can file bankruptcy
answered on May 14, 2019
Look for the Find a Lawyer tab here on Justia and see if you can find a NC bankruptcy lawyer to help you.
what could happen if I get a judgement?
answered on Apr 4, 2019
Probably not--unless your mom's name is listed on the same debt you owe. This problem can be solved by you giving your mom a quitclaim deed to the property, or by the two of you creating a new deed in your mom's name only. Do NOT try anything without a competent lawyer helping you.
Most of my creditors was paid in the chapter 13 plan except for taxes and my car loan is complete per the NDC account and it has been complete for a couple of months. I was recently dismissed after over 48 months in the plan. Can my car still be reposessed even though it's been paid in full?
what are our legal options to keep our home?
answered on Mar 18, 2019
If you can find a lender to refinance. If not, you can put your arrearages in a 24 month repayment plan and probably keep your home.
I got approval to incur debt of 97,850.00 for a mortgage, but the trustee put in that my monthly payments could not exceed $675.00. The prequalified loan had the payment at $656, but now through the loan process and actual numbers, the payment (including interest and escrow) will be over $700 a... View More
answered on Jan 29, 2019
No. If court authorized the debt incur the, you should be fine.
The only notice I ever received was how many days I have to get it back. It's been almost a year. No documentation. Nothing
answered on Jan 4, 2019
It was likely sold and you have a deficiency balance against you. Check with the court to determine the status.
There are 5 of us named and we (9 in total) have reported the builder to the State AG and the Police are opening a criminal investigation. The bankruptcy filing is erroneous. Should we continue with ‘proof of claim’ or ask to be removed? We are victims of a crime not creditors!
answered on Dec 20, 2018
File your proof of claim nonetheless and thenhire a bankruptcy attorney to represent you by filing an adversarial proceeding against him to make the debt nondischargeable.
answered on Nov 18, 2018
Depending on your income and assets, you may qualify for a Chapter 7.
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