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
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
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
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
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
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
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
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
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
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.
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
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?
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.
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
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
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
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.
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