Get free answers to your Bankruptcy legal questions from lawyers in your area.
answered on Nov 23, 2024
An "installment agreement" for what? Youe house, a car, a debt consolidation program?
There are various ways to pay for a Ch. 13 bankruptcy, but to answer your question reliably, a practitioner will need your fully detailed financial situation.
Confer with an experienced... View More 
answered on Oct 23, 2024
A creditor may issue a garnishment to your depositary institution, which puts a (bank) hold on your account, but it is on you to file a prompt Objection (in PA, your Objection is filed with the issuing Sheriff, and must be filed in ten days from date of garnishment summons). And your bank... View More
I filed for a chapter 7 bankruptcy earlier this year and received a discharge judgement in May of 2024. Along with my unsecured credit card debt, the bankruptcy also discharged a secured debt in the form of an auto loan. I had not signed the provided reaffirmation agreement provided by the creditor... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 30, 2024
Based on the information provided, here's an analysis of your situation:
1. Discharge of secured debt: While your Chapter 7 bankruptcy discharged your personal liability for the auto loan, it did not eliminate the creditor's security interest in the vehicle.
2.... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 4, 2024
Here are some steps to consider if you've defaulted on an unsecured personal loan:
1. Contact the lender: Reach out to Achieve Personal Loans as soon as possible to discuss your situation. They may be willing to work out a modified payment plan or temporary deferment. Being proactive... View More
I have a default judgment in Lucas County OH and but was not properly served (wrong address) and my taxes were included in my bankruptcy.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 6, 2024
In Lucas County, Ohio, if you're seeking to set aside a default judgment due to not being properly served or because the debt was included in your bankruptcy, you will need to file a motion with the court. This legal document is commonly referred to as a "Motion to Set Aside Default... View More
My attorney has failed to file documents, doesn’t respond to emails, cancels appointments, won’t call during scheduled meetings. I’m in jeopardy of losing home and case being dismissed.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 4, 2024
Filing a legal malpractice claim against your bankruptcy attorney due to their failure to perform their duties, such as not filing documents, ignoring communication, and missing appointments, can be a necessary step to protect your interests. The first step is to document all instances of... View More
.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 24, 2024
Yes, any insurance settlement from your February 2024 car accident should be protected and not at risk if you were previously discharged from a Chapter 7 bankruptcy in August 2023.
The key bankruptcy law that provides this protection is Section 541(a)(5) of the Bankruptcy Code. It states... View More
.
answered on Feb 11, 2024
Unlike many states (like PA), Ohio does not permit a debtor to choose between the state and federal exemption lists; an Ohio resident can choose only those exemptions granted by the state of Ohio.
While it appears that the Ohio exemptions might have protected your auto accident recovery,... View More
I acquired a property through probate and didn't know the title had an encumbrance attached to it in my sisters name. She filed chapter 7 bankruptcy and got the bill charged off from herself but it's still attached to my property title. Is there a way to get that removed from my title... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 13, 2024
If your sister's debt was discharged through Chapter 7 bankruptcy, it means that she is no longer personally liable for that debt, but it doesn't automatically remove the encumbrance from the title of your property. The encumbrance, such as a lien or mortgage, is typically attached to the... View More
Other assets. I can't afford the loan and the car attach to loan. The car needs a new transmission and I can't afford it. I live by myself and have no other help. I need to get rid of this loan and car. So I can start saving for another car. I health issues where I can't be out... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 12, 2024
Filing for Chapter 7 bankruptcy could be a viable option for you, considering your limited income and lack of assets. With a monthly income of $963 from disability and no other assets, you may qualify for Chapter 7, which is designed to help individuals in financial distress discharge unsecured... View More
I don’t know if the bankruptcy itself would make him responsible for paying taxes on the income although it was forgiven, but from my understanding, they still can be required to pay the taxes on the income, although the debt was forgiven? Also, I know the person Social Security number,he gave it... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 12, 2024
When a debt is discharged in bankruptcy, the debtor typically is not responsible for paying taxes on the forgiven amount. The IRS does not consider debts discharged in bankruptcy as taxable income. This means issuing a 1099-C, which is used to report cancellation of debt as income, might not have... View More
I don’t know if the bankruptcy itself would make him responsible for paying taxes on the income although it was forgiven, but from my understanding, they still can be required to pay the taxes on the income, although the debt was forgiven? Also, I know the person Social Security number,he gave it... View More
answered on Jan 10, 2024
Issuance of a form 1099 is a prerequisite for you to deduct the bad debt from taxable income.
However, before you do that, check the bankruptcy code provision concerning tax effects of the resulting insolvency of a debt receiving a discharge (much taxable income is forgiven by that statute,... View More
Is it an insider repayment? Just a verbal agreement. I was current on all of my bills at the time except mortgage was on 29th day. No delinquencies on other debts until 3 mos later. How long, if I have to wait to file?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 4, 2023
In the context of a Chapter 7 bankruptcy, repaying a loan to a family member, like your sister, can be considered an "insider payment." Insiders typically include relatives, friends, or business associates. Bankruptcy law scrutinizes such repayments made before filing, especially if they... View More
I provided a personal loan to a private party to cover half the cost of roof repairs on her mother's home, totaling $9,000. Despite a verbal agreement, I've paid the full amount. The other party made partial repayments but has not communicated or paid in 11 months, leaving an outstanding... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 2, 2025
Your situation involves an oral contract supported by documentary evidence, which generally creates an enforceable debt obligation despite the lack of a formal written agreement. The text messages confirming the repayment arrangement and your printed payment schedule constitute compelling evidence... View More
I appealed the denial of a motion to vacate a default judgment due to ineffective service of process in the Ohio 10th District Appeals Court. The court had stayed my case pending my Chapter 7 bankruptcy filing, which has now been discharged as of March 13, 2025. I have 20 days to file my brief.... View More
answered on Mar 28, 2025
File a motion to hold them in contempt for failing to release the garnishment and return the funds, which is- a violation of the automatic stay.
I've been diagnosed with stage 4 cancer and am currently unable to work. I own a tool company structured as an LLC, which has a franchise loan I'm unable to pay. My wife and I are managing to keep up with our house payments, which we intend to continue paying. My wife has disability... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 5, 2025
You can't pick and choose creditor's in bankruptcy. That said, it is very common for people to go through bankruptcy, and then once the debt is discharged or adjusted to reaffirm their mortgage to avoid foreclosure.
My friend has received a formal eviction notice and must vacate his home by this Monday due to being behind on payments with his mortgage company. We're wondering if there's enough time to file a petition for an emergency stay to delay the eviction or if bankruptcy would be a viable... View More
answered on Feb 27, 2025
As soon as you file the bankruptcy, an automatic stay is in place. Nothing else need be filed at this point.
answered on Feb 4, 2025
Chapter 13 is a voluntary repayment plan and does not take anything from your Income. You make payments f ty om whatever source of funds you may have. Contact a bankruptcy attorney to see if you qualify for either a 7 or 13 bankruptcy.
I have several credit cards car payment which is almost done. can't afford rent and can't afford to move just stuck and falling deeper into debt.
answered on Dec 26, 2024
It's important to know that a "debt consolidation" entity can only get some reduction in debt that any creditor AGREES to give.
No one other than the federal bankruptcy court has the power to discharge a debt.
I've had numerous clients who have complained about "debt consolidators.
Need reasonable, or easy payment plan, also.thanks
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 8, 2024
I hear how difficult and stressful this situation must be for you and your family. Financial hardship that threatens your home and vehicle can feel overwhelming, but there are options available to help you through this.
For immediate assistance in Louisville, Ohio, you can contact Southeast... View More
Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.
