Just curious if I sign the LLC over will that transfer the debt to that person as well or will I still be responsible. The LLC is almost 3 years old and has not shown a profit. I want to claim bankruptcy but someone else wants to take on the ownership and debt but not pay me anything... I would... Read more »
answered on Sep 20, 2022
As a general rule, the debt belongs to the entity, not you, so you (personally) would not be liable for the debt. In this case, you could just walk away. HOWEVER, there may be other issues that might prevent you from doing this. If you signed a personal guarantee, then you would be still liable for... Read more »
wants copies of my pay stubs. I said “no” I have nothing to do with this. This was before we were married. Can the court subpoena my pay stubs? I have no official court order demanding that I provide my pay stubs. Can I refuse since I have nothing to do with his bankruptcy?
answered on Sep 15, 2022
The Bankruptcy Trustee can subpoena them. This is a situation called "change in circumstances" and allows the Trustee to request and augment the Plan in light of same. I would comply with your Husband's Counsel and discuss same with him/her
He said he was in the Air Force and he first needed a new phone as it was damaged from his travel to Isreal. Then surgery as he collapsed he needed an electric wheelchair. Then flights, three attempts to fly for a personal vacation. I sold my car I sold my townhouse to fly him home. On the day he... Read more »
I withdrew funds that I deposited in the 90 day window prior to Celsius filing for chapter 11. Would I be subject to a claw back of my own funds that I deposited and withdrew according to their terms of service?
Edit: It was in their earn account that I earned interest on. Small amount... Read more »
answered on Aug 10, 2022
Preferences under Section 547 of the Bankruptcy Code only pertain to payments made on account of antecedent debt - this doesn't apply to your situation. However, there may be other theories available to seek return of those funds to the Celsius estate, for example, as a fraudulent conveyance... Read more »
answered on May 3, 2022
The automatic stay ends when a bankruptcy case is dismissed. It does not continue during an appeal. Therefore, creditors may proceed with collections, including foreclosures and repossessions, at least until the dismissal is reversed.
Although the automatic stay is typically reimposed upon... Read more »
answered on Apr 27, 2022
No, and if you do not file a motion for stay pending appeal, addressed first to the bankruptcy court, and if denied, then to the US District Court (the appellate court in bankruptcy cases), your appeal may be dismissed as moot if the creditor obtains foreclosure sale or other irreversible steps... Read more »
My wife had messaged me our US mail preview and asked what a district court letter was about. I could read who was sending it through the scanned envelope. I panicked and called the law firm to start my payments again. They sent me a contract/form for me to sign stating that as long as I pay them a... Read more »
answered on Apr 21, 2022
It appears that you've reached a new settlement with a judgment creditor whereby the creditor agreed not to take action to collect on the debt if you pay according to a specific schedule. Assuming you have these terms in writing, you should be able to enforce the settlement, if the creditor... Read more »
I started a business with my dad when I was 19 in 2014. Neither of knew absolutely anything about running a business. So we created a partnership through legal zoom (first mistake). We carried on business as usual and messed up filing our taxes so had somebody fix it. Then 2 years later we split... Read more »
answered on Apr 2, 2022
As you are not incorporated, closing the business will not eliminate your personal liability. Although bankruptcy may be the solution, it will take a detailed examination of your overall financial situation to be certain.
That being said, Chapter 7 bankruptcy may help you eliminate most or... Read more »
Buy seeing she in bankruptcy
answered on Jul 30, 2021
Right now while the seller is in a five year plan chapter 13 bankruptcy is not the time for her to sell her real property. The Trustee would have a substantial interest in it, and might take all the proceeds except a homestead exemption amount. If the chapter 13 is dismissed then you might... Read more »
I'm in Pennsylvania. I'm being sued and am concerned about losing my vehicle.
I have a consultation with an attorney next week but I'm trying to ease some anxiety before then.
TIA
answered on Jun 5, 2021
As long as your daughter pays the car loan she should not be affected. They will consider whichever vehicle you claim an exemption on as your exempted vehicle. That designation is solely up to you do you should not lose your own car.
My stuff being taken and that if they are not the correct bank accounts I'm ok
The bankruptcy will not be discharged until next year. The trustee is receiving monthly payments and that cannot be paid off early. Is it possible to transfer the title to the name executor of the will WITHOUT the will being registered?
Even if the son on the title IS the executor?
They put the house in kids name in 2017 the kids did not know it till they got foreclose notices also bank told 1 of the kids the bought if for a dollar however the kids never gave any money 4 house
answered on Aug 20, 2020
More information is needed, however, the answer is very likely, no.
answered on Aug 11, 2020
It is probably a lien against the property and will still have to be paid.
We paid back our creditors 100% and we are no longer making plan payments as of April 24, 2020. A Certification of Discharge Eligibility wasn't submitted until June 4th, 2020. Then my attorney submitted an final application of compensation on June 24th, 2020. That hearing won't take... Read more »
answered on Jul 19, 2020
The law field, like every other business, has been impacted by the coronavirus pandemic, and delays are the result. I'm not sure that the court personnel can do much working at home, and the same is true of the Ch. 13 Trustee's people.
I doubt that your attorney's fee... Read more »
I checked my business credit recently and see there is a home equity line of credit, and auto loan and a bankruptcy, I didnt do any of this. and I have not been in business with this person for more that 8 years.
answered on Jul 16, 2020
Assuming you mean old business partner, when you parted ways, that event triggers a "dissolution of the partnership", which has ramifications, but you needed to tie off the loose ends as well, e.g., notify your lender of the dissolution of the partnership, and terminate/wrap up any live... Read more »
they are threatening legal action, how can we be responsible when we don't own the house anymore. Also The bank was notified that we did move out
answered on Jul 3, 2020
Just because you've moved out/abandoned the property doesn't automatically equate to someone else taking title to the property. The township, and other providers of utilities, hold the record title owner responsible for their respective charges. The bankruptcy, if it was a Ch. 7 case,... Read more »
They were sued on a conctract deposit. The performer arrived but didnt perform due to client not having an inside venue and we had a storm that day. The company was sued for the performer's deposit and he won by default. They set a judgement on bank to garnish but the company is closing what... Read more »
answered on May 24, 2020
Empty the bank accounts immediately and have your uncle consult a debtors attorney.
will my interest ever go down? it seems each time the mortgage sells my loan. the mortgage goes back to default Like I'm paying a brand new loan? the loan/debt was discharged. my credit no longer reports the bankruptcy.
answered on May 23, 2020
It's common for Mortgage lenders, and their "loan servicers", to transfer their mortgage loans to new entities, but such transfers do not alter the terms of your Note and Mortgage.
However, you don't provide enough information to give you an answer to your issues. To do... Read more »
I'm separated from my wife and we're planning to get divorced.
I also have $70k in credit card debt and am planning to file for chapter 7 bankruptcy soon.
All of the debt is in my name not hers.
Would it be more advantageous to go through the bankruptcy before... Read more »
answered on Apr 8, 2020
Consult a bankruptcy attorney and let him review the financial info, it matters which you file first but only a complete review of your finances can tell you which yo file first.
Justia Ask a Lawyer is a forum for consumers to get 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 you and Justia, or between you and any attorney who receives your information or responds to your questions, 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.
