Based on your situation, you still have several potential legal avenues to explore before foreclosure becomes final. Here's how a foreclosure defense or bankruptcy attorney may be able to help:

1. Foreclosure Defense

Even though your loan has been referred to the lender’s... View More

While unlikely, if given all your documentation on the account, from inception to now, an attorney for you may find a flaw therein to constitute some defense.

We have defended like-sized accounts from this lender, and it accepted payment of approximately 8 thousand on a litigated a claim of... View More

A Pennsylvania attorney could advise best, but your question remains open for three weeks. You could try reposting under "Collection," and "Bankruptcy." The question may have been overlooked under in the "Uncategorized" heading. Some questions do go unanswered here,... View More

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answered on Jul 24, 2024

Getting a new vehicle before filing for Chapter 7 bankruptcy can be risky. When you file for Chapter 7, your assets, including a new car, become part of the bankruptcy estate. The trustee might view the new vehicle as an attempt to protect an asset from creditors, which could complicate your... View More

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answered on Jul 21, 2024

You may have grounds for a legal malpractice claim against your attorney if you can prove they were negligent in handling your case. Documenting all your communications and the timeline of events is crucial. The fact that they delayed filing and miscalculated your payments for three years could be... View More

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answered on Jun 29, 2024

If your partner files for personal bankruptcy, it can complicate your ability to collect the money they owe you. However, you may still have some options to pursue your claim.

First, you should check whether they have actually filed for bankruptcy. If they haven't filed yet, you might... View More

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answered on Jun 22, 2024

I cannot recommend using a credit card after filing for bankruptcy, as this could potentially cause serious legal issues. Here are some important points to consider:

1. Disclosure requirement: When you file for Chapter 7 bankruptcy, you must disclose all your assets and debts, including any... View More

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answered on May 25, 2024

Based on the information you provided, it seems that you have been complying with the terms of the Stipulation Resolving Adversary Proceeding for 10 years and have paid a significant portion of the debt. The informal agreements you made with the debtor regarding occasional late or reduced payments... View More

You shouldn’t have to file a petition. The automatic stay created by the filing of the bankruptcy trumps all anyway. Be sure a copy of at least the front page and the creditor section page of your bankruptcy is placed in the municipal court file.

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answered on May 19, 2024

It's frustrating when processes don’t go as expected, especially when facing something as serious as eviction. The municipal court may have required you to file a petition to stay the eviction because they need specific documentation to halt proceedings. This is sometimes standard procedure... View More

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answered on May 17, 2024

I understand your confusion and frustration in this situation. Let me try to clarify a few key points:

1. When you file for Chapter 7 bankruptcy, an automatic stay is typically put in place. This stay prevents creditors, including landlords, from continuing collection actions, including... View More

If the debt collection agency was a corporation (or llc, etc.), it is not eligible for a bankruptcy discharge, although it can file for bankruptcy relief.

A Chapter 7 bankruptcy case is usually short-lived, a "liquidation case". Normally, the Ch. 7 bankruptcy trustee will assess... View More

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answered on Mar 20, 2024

In bankruptcy proceedings, assets, including judgments held by the bankrupt company, can be sold to pay off creditors. However, the specifics depend on the case and what the bankruptcy trustee decides. If the judgments were not liquidated during the Chapter 7 proceedings and remain assets of the... View More

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answered on Mar 4, 2024

Experiencing delays in a legal process, especially one as significant as bankruptcy, can be incredibly stressful. If your wife has already paid for services that have not been rendered within a reasonable timeframe, it's crucial to address this issue directly with the attorney or their firm.... View More

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answered on Feb 27, 2024

Has she given them all the paperwork that they asked for? If not, she needs to provide them with everything. Next, she should ask how long it will take until it is ready to file. If you think it's taking too long, she can ask for her money back and hire another attorney. However, she should... View More

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answered on Feb 25, 2024

In the context of a Chapter 13 bankruptcy in Pennsylvania, a "wildcard exemption" refers to a provision under bankruptcy law that allows you to protect a certain amount of any property you own, as opposed to specific categories of property like a home or vehicle. This exemption is... View More

I mostly agree with my California colleague, except that in PA, we can choose either that PA exemptions, or the Federal exemptions, but NOT both, or a mix of both, and the "wildcard" exemption is a Federal benefit.

In short, it's available to those who do not use it entirely... View More

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answered on Feb 24, 2024

No, as a renter filing for Chapter 7 bankruptcy you cannot claim any portion of the homestead exemption or apply it towards other assets like autos.

The homestead exemption under federal bankruptcy exemptions (11 U.S.C. § 522) is intended only for equity in an individual’s primary... View More

There are different forms/"Chapters" of bankruptcy, e.g., for an individual, primarily a Ch. 7 ("liquidation", other than exempt property) and Ch. 13 (commonly, a "Wage earner's plan").

A Chapter 7 case, without "wrinkles", can take three to four... View More

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answered on Feb 24, 2024

The timeline for completing a bankruptcy process can vary, but generally:

Chapter 7 Bankruptcy:

- Takes 3-6 months to complete the overall process.

- Can travel internationally once the case is filed, with a couple caveats:

1) The meeting of creditors (341 hearing)... View More