I filed bankruptcy and it was discharged in 2018. A judgement was included in the bankruptcy, but the court is still showing it as open. I mailed them a copy of my discharge papers and of schedule E&F showing the debt was included. I also wrote a letter asking them to update their records and... Read more »
If they won’t release it after you game them proof, hire a new attorney and move to hold them in contempt for violating the stay.
Nothing additional
I believe you meant 341(a) hearing. Section 361 of the bankruptcy code deals with adequate protection payments. At the Meeting of Creditors (aka 341 the Meeting of Creditors) the chapter 7 trustee will ask questions regarding your petition and schedules you previously submitted. For example, the... Read more »
Repurchase/replacement of lemon vehicle.
Would I be better off waiting to file for lemon replacement until AFTER the manufacturer declares BK and is out of it, or would a person be better off filing BEFORE the BK is announced, and try to race the manufacturer's potential BK?
I... Read more »
Generally no. But it can be case specific so you should check with the trustee.
The person has a house and savings account.
There are Ohio state law exemptions that are applied to any equity in any asset to protect it from the Chapter 7 trustee. The Ohio Homestead exemption is $145,425, so most homes are protected in a Chapter 7. For savings accounts, you can apply the cash on hand and the wildcard exemptions, which... Read more »
We have heard from the chapter 13 trustees in the Southern District that they are not pursuing or accounting for the stimulus check(s). I have not seen any case in Northern or Southern District (in a Chapter 7 case) yet where the trustee is pursuing the recovery of the stimulus check(s). We... Read more »
If you have filed Chapter 7 Bankruptcy can you still technically pay back or settle with a debtor during the process or must you wait till after or does it even matter? For reference, it would be a unsecured credit card debt which has a cosigner. What are the legalities involving this?
You can voluntarily repay any debt at any time but I would wait until the discharge is entered before I did it. You don’t want to open a can of worms but it is permissible for you to settle with a creditor.
Can I fill a chapter seven. I filed one about 5 years ago.
If you filed a Chapter 7 about five years ago, if it was discharged, you cannot file again for another 3 years. If it was not discharged, you may be able to convert your 13 to a 7 now. Consult your bankruptcy attorney to determine the best was to proceed.
The balance is high and its messing up my credit. Want to remove myself from the card. Will card company still allow me to contact them and make payments if I send my POA papers?
Probably, yes.
if the sale of the house? The deed was once in my sisters name but my mother put it back into her name after she got the mortgage.There are many more details and we would like to know if my mother needs to hire an attorney to protect what she has left
Absolutely! Your mother needs to hire an attorney immediately to protect her rights. Your mother and your sisters right appear to be adverse.
My friend got into trapped by purchase of car without title. He was informed by the seller that he will get the title released from the bank but still seller has not paid off the loan and title is not yet released.
Now my friend is chasing the seller but seller is not responding.... Read more »
Depending on the value of the car or how much was paid, he should file a complaint in either Superior Court or the Supreme Court. He probably should consult a local debtors rights attorney who can oversee the finer points.
I filed Chapter 7 bankruptcy. I completed everything that was needed to do so. Somewhere along the lines I got confused and sent my second course completed paperwork to my trustee instead of the courts. The courts discharged my filing. I got told that I have to resubmit. I do not have the money... Read more »
Yes. You can ask for consideration in fee waiver.
Unless you know the exact date, just put “revolving.”
No agreement was entered into by the debtor to reimburse the individual whose funds were used to pay the creditor.
Yes. Be as honest and forthright as possible.
It depends on how it is structured in the award.
I have building, property and contents on a SBA loan that is 2 months behind as well as personal guarantees on with vendors for product and supplies. My personal / business credit card are maxed out trying to save the business.
I have recently moved to Ohio to take a new job that pays me... Read more »
I would need to know more about the business as to whether a Chapter 7 business filing is necessary or whether you should wind down the business entity outside of a bankruptcy context. Your personal guarantee leads me to believe a personal Chapter 7 or 13 may be necessary. There are rules about... Read more »
My mother has declared bankruptcy and is having her wages garnished. She wants to sign a paycheck over to me and have me cash it for her. Is this legal?
If she has Actually filed bankruptcy, the stay prevents anyone from garnishing her wages so you are perfectly justified in cashing it for her if you so choose.
I have tried countless time to make payment arrangements on a local tax which I owe. The agency will not negotiate with me at all. The original debt was $1600. The agency tacked on any additional $1900 in fees and interest. They will only allow 18 months to pay off the debt. I have a small... Read more »
If you file bankruptcy, it stays ALL collection efforts.
Leasing from Progressive, it cost $1300 total. I want to pay it off in 90 days. If I pay it off and then file for bankruptcy in 2-3 months will they look at the payments from a bank statement and take the property?
Not sure the "leasing" part is accurate. If you will own the laptop after it is paid off, it will be an asset and paying it prior to bankruptcy as a secured creditor (or lease) should not materially impact your case. You will have to disclose it. The issue would be that it was a... Read more »
I am filing bankruptcy come Jan or Feb (need to gather the funds, or use tax money). I have entered a progressive lease for a 1300 laptop I am using for work and for my kids for school. Should I cancel the lease? Will bankruptcy affect this?
No. Cancel the lease post filing. If you wish to keep it, you can reaffirm. If not, you can reject.
We filed the Ch 7 in 2009, Mortgage was from 2007. We have been paying since then so we would have a place to live, but cannot afford to anymore. The original ch 7 paperwork said we intended to reaffirm- but the Mortgage company never sent anything. Will walking away affect our credit? Will we be... Read more »
You will get delinquencies on your credit report. However, since you did not reaffirm, they cannot require you to pay the balance.
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