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answered on Nov 10, 2023
In general, DUI fines and court costs are typically not dischargeable in bankruptcy. This holds true in most states, including Tennessee. Bankruptcy laws often exclude certain types of debts from being discharged, particularly those related to criminal restitution and penalties. DUI-related fines... View More 
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answered on Nov 9, 2023
if your bankruptcy attorney fails to file a necessary document on time, you may be able to hold them liable for the resulting delay in your bankruptcy case. However, if you fail to provide your bankruptcy attorney with all of the necessary information, you may be partially responsible for any... View More
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answered on Nov 8, 2023
If a mistake is made in your bankruptcy case by your attorney, the consequences may depend on the nature of the error and its impact on your case. As the client, you may not always be held responsible for your attorney's mistakes.
However, the issue of responsibility can be complex,... View More
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answered on Nov 8, 2023
Filing for bankruptcy may provide relief from certain types of debt, but it depends on the nature of the fines contributing to your license suspension. If the fines are criminal in nature or are penalties owed to a governmental unit, they may not be dischargeable in bankruptcy. It's important... View More
Am I responsible for their mistakes. They are now trying to take exempted property, or tell me I have to pay $20,000 to the trustees.
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answered on Nov 8, 2023
The responsibility for any mistakes made during the filing of your bankruptcy case would generally depend on the specific circumstances. If your attorney filed in Ohio and there was a justifiable reason based on residency requirements or other legal considerations, that may be appropriate.... View More
Am I responsible for their mistakes. They are now trying to take exempted property, or tell me I have to pay $20,000 to the trustees.
answered on Nov 8, 2023
Every voluntary bankruptcy case is commenced by the filing of a bankruptcy petition, signed by the debtor, under penalty of perjury. The debtor's signature constitutes the sworn testimony of the debtor that whatever the Petition says is true and correct, and that sworn oath applies to the... View More
Back In August I received a letter in the mail from my landlord attorney that a relief of stay was granted by the bankruptcy judge and the letter was also sent to housing court.
I immediately filed a procedural objection noting 14 days for the attorney to respond as I was not served nor... View More
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answered on Nov 5, 2023
In your situation, it appears there may have been a procedural oversight. When you raise an objection in a bankruptcy proceeding, you are entitled to a response or a hearing on that objection. If no one has responded to your objection and the court has not scheduled a hearing, it could potentially... View More
I'm in SW Ohio, disabled veteran with 3800 in disability each month, my wife's not filing and makes 1850 after taxes. Even with the deductions, the schedule j would push me into a chapter 13 if I had a normal income. Is VA disability actually considered "disposable income"? Thank you for any help
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answered on Sep 8, 2023
It is important to note that while VA disability benefits are excluded from the means test calculation utilized in Chapter 7 bankruptcy cases, they can be considered as part of your income in the Schedule J, where you list your monthly expenditures, in the determination of your disposable income.... View More
I have filed chapter 7 bankruptcy (not discharged yet), my wife is a non filer. Can she pay cash for a motorcycle she wants while I am in chapter 7, and not it affect my bankruptcy?
answered on Jun 9, 2023
Did you file your bankruptcy with counsel? If so, that lawyer is your best source of advice, because your question gives no factual background, e.g., what info is in your schedules, and whether a decision has yet been made about whether your filing is an abuse of the bankruptcy process, e.g.,... View More
I have paid the initial fee. The only thing we have signed is the initial papers to get started. I understand I may lose my initial fee but can I still stop the process?
Thank you
answered on Feb 20, 2023
Yes, you can "stop" the process, in more than one way.
You can tell your lawyer, by direct voice, not voicemail, to refrain from filing. Follow that up with an email marked "high importance".
It may be that the initial docs (signed Petition, a list of creditors... View More
I own a house with a mortgage but both units are being rented out.
I have a rental property that I co- own with someone and that property is being rented out.
Can I file bankruptcy without losing my house with mortgage attached or rental, If so, what chapter
answered on Feb 5, 2023
7 and/or 13 may be available to you. The answer depends on equity, income, and other issues involve being current on the mortgage. A much closer analysis with you is needed before any bankruptcy attorney can properly answer the question. Great question though. The attorney can review your specific... View More
The case seems to be a default on a property owned by someone possibly attach to her we are unsure on what the complaint in the case is but they have her marked as a judgment creditor in the concerned parties information.
answered on Dec 12, 2022
An Ohio attorney could advise best, but it looks like your question was overlooked under the general Uncategorized heading. You could try reposting under Collections, Foreclosure, Bankruptcy, and Civil Litigation. This looks like something for attorneys who practice in one of those areas. Good luck
answered on Dec 6, 2022
You don't identify which party is the debtor in bankruptcy.
The automatic stay is triggered by the filing of a bankruptcy case, and prohibits any action against the debtor or property of the debtor's bankruptcy estate (which is very broadly defined).
If the proposed... View More
We paid $1,028 for the whole bankruptcy in Ohio but we never ended up doing anything for it and moved to Michigan. $200 went to have the attorney start working on things the $800 covered paperwork/filing ect… I was wondering if I can get the $800 back?
answered on Nov 9, 2022
Did you sign a retainer or engagement letter? If so, you should review that to determine your rights. If the fee is non-refundable you would not have a right to get it back but the attorney may work with you on a partial refund.
To ruin my credit he won't pay for it I have text to prove it as well
answered on Oct 29, 2022
Probably your most effective path to redress this problem is through your divorce lawyer and the domestic relations court. From the outset of a divorce case, or shortly thereafter, the court deals with the issue of temporary support, or support pendente lite, and that involves, in part, the... View More
To ruin my credit he won't pay for it I have text to prove it as well
answered on Oct 30, 2022
Yes. Both attorney answers are correct. Speak with your divorce lawyer if you have one. Temporary support orders is the most effective way to address this matter. Have your texts ready to be easily reviewed by your counsel. If no counsel, make sure to bring those texts with you to court for the... View More
I work part time, and make only $11.00 an hour. I'm in the midst of a divorce, and a friend is willing to help me get a car outright and put it in my name. It won't be valued over 4k. Can I be forced to sell that car if I filed bankruptcy, or at all? I don't make enough for... View More
My ex and I bought a car together. I make all the payments, pay for the insurance and keep up on all maintenance. I am still making payments on the car to this day but I no longer live in the same state as when we purchased. The title is MI and I live in OH. He has since filed for bankruptcy and is... View More
answered on Jun 16, 2023
File a motion to have him execute the title in your divorce case as he has been relieved of liability for it by virtue of his bankruptcy.
I had court scheduled on March 31st, I went into court and they told me that there was no court that week they investigated why and told me on March 15th the plaintiff filed a motion for summary judgment, up to this point, I have been doing this Pro see and now I'm in a bind the scheduled a... View More
answered on Apr 5, 2023
Call you local bar association or legal aid society. They maintain lists of lawyers who can help you. April 19 is two weeks away. Get on this tomorrow and you will have enough time.
answered on Mar 27, 2023
After ten years of costly lobbying by the banks and credit card issuers, the GOP, controlling both houses of Congress, and the Presidency, passed massive revisions to the US Bankruptcy Code, and the enlarged interim between allowable discharges was but one of those.
The irony, according to... View More
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