Todd Laster's answer If you have an attorney you should direct this question to them. If you do not have an attorney it is possible to convert a Chapter 13 case to a Chapter 7 case depending on a number of different factors. If you are in a Chapter 13 because your income was to high to be in a Chapter 7 and your income has decreased you may now be able to convert. There are a handful of documents that must be filed and amended when converting a case to a Chapter 7. Good luck.
Todd Laster's answer It is possible to qualify for a Chapter 7 even if you are above the median income. There is an additional portion of the Chapter 7 Means Test for debtors who are above median income that takes into consideration deductions for certain allowable living expenses, taxes, secured payments on certain debts and Court ordered payments like child support. You should meet with an experienced bankruptcy attorney who files both Chapter 7 and Chapter 13 consumer cases for a free initial consultation....
Todd Laster's answer If you surrendered the home in your prior bankruptcy, you may have a claim against the mortgage company violating the discharge. You should contact your previous bankruptcy attorney about this matter as you may have a claim against the mortgage company. If your prior Chapter 13 bankruptcy was dismissed instead of discharged and you are still on the mortgage the mortgage company can still collect against you even if your former spouse was awarded the home and debt in a divorce. If you former...
Andrew Bresalier's answer A: Sign up for PACER, it is a free governmental service, as long as you use less than $15 a calendar quarter. Then sign on at the District Court's Bky Site for the specific district and perform a search. From the Docket you can print copies of the documents.
Andrew Bresalier's answer A: If she is granted a discharge, you will still be liable for the Note/Mortgage. Bankruptcy is an option; however Debt is not the only thing to look at when considering Bky. Income must be examined to confirm you pass the Means Test (income is compared to those in your community). You must also examine transfers/sales (court could reverse transfers or sales for less than market value) and exemptions (you could lose personal property such as a car). Most attorneys provide a free initial...
Andrew Bresalier's answer A: There is no such thing as a mere cosigner. This does not create a secondary / less liable class for you. The loan is in both you names. Payment or no, Bky or No, they can come after her the same as you.
Andrew Bresalier's answer A: Student loans are not dischargeable and there is no Statute of Limitation on their pursuit. In rare events they can be forgiven for Total and Permanent Disability, which is well beyond the SS definition.
Andrew Bresalier's answer A: When you file Bky everything is included. Everything you own and owe. You can keep things, such as a mortgaged property via a Reaffirmation Agreement, but still everything owned and owed is included.
Howard Berkson's answer You might try visiting your attorney's office or send a letter to be sure there is no accidental miscommunication. You can go on pacer.gov, make an account, and search for your case. The documents there should tell you the status of your case.
Howard Berkson's answer The attorney is entitled to pay for any work he performed and for any costs he accepted, such as fees for filing your bankruptcy. If he did a lot of work in three days, there may be nothing to refund. If the amount you paid is excessive for the amount of work performed, the attorney should refund the difference.
Howard Berkson's answer The easiest way would be to use the PACER system at pacer.gov. It doesn't cost much and it is fairly easy to use. However, the records may not go back to 1997. You should call the clerk's office to find out how far back the records go. Every court is different. If the PACER records do not go back to 1997, then ask the clerk about options for getting the records either by mail or by showing up at the courthouse. Make sure you know how much it will cost and what forms of payment they will...
Howard Berkson's answer Some assets are exempt from bankruptcy. Whether you retain control over any non-exempt assets depends first on the type of bankruptcy you file. If you file for Chapter 7, you will not likely have any use of the non-exempt assets. If you file for Chapter 11 or 13, a lot depends on how you would use the assets. For example, if the assets are part of a business, you may be able to retain them in order to operate the business under a plan to pay off your debts. You will need to discuss your...
Howard Berkson's answer Probably yes. However, the time you filed is not the key issue. To fully answer your question, an attorney would have to know the type of bankruptcy you had, when it was discharged, and the type of bankruptcy you would be seeking now.
Andrew Bresalier's answer Sign up for PACER. The service is free, as long as you use less than $10 per calendar quarter. You must know the specific District Court where the case was filed and use the service for that District.
Mr. Jarod Morris' answer Sorry I don't have a specific answer for you. If you call the Western District of Oklahoma Bankruptcy Court at 405.609.5700, they may be able to provide additional information. Sorry I couldn't provide more information. If I think of anything, I'll update my response.
Mr. Jarod Morris' answer Contact the attorney that filed the bankruptcy paperowrk. If you don't know who that is, your husband should have paperwork identifying the Bankruptcy Trustee. Contact the trustee and ask what, if anything, is holding the process up.
If you don't have anything, any attorney that handles bankruptcy matters should be able to look that information up for you on the bankruptcy court electronic filing website.
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