My expenses exceed income. I am looking at both chapter 13 and chapter 7 options. Did the clock start when i filed for the chapter 13 in 2012 or the conversion date to chapter 7 in 2014? At what time am I able to consider chap 13 or 7? My minimum payments are current but only because I am taking... Read more »
Interesting question.
Section 727 of the Bankruptcy Code provides--
(a) The court shall grant the debtor a discharge, unless--
(8) the debtor has been granted a discharge under this section, under section 1141 of this title, or under section 14, 371, or 476 of the... Read more »
the money and there is no way for me to get my money back from him. is this true?
Unless you took a security interest in the debtor's real or personal property at the time you advanced the money, and "perfected" your lien by filing in the designated places (Registrar of deeds in county where real property is located, or Sec. of State of PA and/or county for UCC-1... Read more »
If your 401k is a "qualifying plan" (i.e., meets the requirements of Section 401(k) of the Tax Code), then your 401k plans should be exempt from execution.
Your judgment creditor may nonetheless attempt to levy on your 401(k) account, and you will need to file written objections... Read more »
If you've sold your house for a "fair price", that is, for fair market value, in an arm's length transaction, then the sale of your house should have no impact on your decision about, or timing of, a bankruptcy filing.
You need to evaluate your current asset values and... Read more »
My husband is currently disabled and we have had no income now for months. Until he can get any kind of help we have to pay to get our prior taxes done for his corporation (he no longer has - due to not being able to walk anymore); before we can do our personal taxes.
The only way to... Read more »
The penalty varies from plan to plan. You can check with the plan administrator to determine exact amount. It is unlikely that the IRS is even aware of the pension plan, do very doubtful that they will be able to seize money.
Discharged Feb 2015. I am considering filing Chapter 7 again. Is my waiting period based upon the original filing date of 2012 or the conversion date in 2014? At what point would I be eligible to file?
The clock starts to run from the date your Order of Discharge was entered.
You cannot get another discharge for 8 years from that date.
The spacing, until recently, was six years between discharges, and it became common to file a "chapter 20" bankruptcy, meaning first, a... Read more »
There are different "chapters", or forms, of bankruptcy. In a Chapter 7, the simplest form, your income is only used to determine your eligibility to file under that chapter. If your income is below the "median income" for the state of PA, you'd have no income issues.... Read more »
I am seriously considering filing bankruptcy because my student loan payments are crippling and I cannot afford to pay them. I would be homeless and couldn't afford childcare or pretty much any other necessity. I have heard that filing for bankruptcy doesn't include student loans, but it... Read more »
To discharge, or reduce, any student loan debt, you must show "extreme hardship", and that bar is very high.
No idea. I'd google it and see if you can locate the information about the particular lawsuit you're interested in. I tried but, not knowing why you believe you may be eligible to apply to join one of the several lawsuits out there, my ability to come up with any sort of suggestion was too limited.
Is there a flat rate lawyers charge and do they allow payments?
Yes, in a Chapter 7 bankruptcy, otherwise known as a "fresh start bankruptcy" our firm charges a flat rate fee. The flat rate is dependent on your specific situation. Our office offers a payment plan for legal fees prior to filing for all clients.
I was never given a notice and I am not aware of the 12k they are suing me for. I never took out that money or used it. What do I do?
Basic due process requires that in any litigation, the defendant must be served/provided (with proof of service) with the Complaint and Summons, whether in PA state or federal courts.
You should investigate, or have someone investigate, the validity of service of process in the Discover... Read more »
Not unless. She
I am a PhD Student on F1-Visa status. I have debts of 70K (Credit cards 50 K, Personal loans - 9K and Car loan- 11k) over the period of 5 years credit history with SSN. I lost money in stock trading over 140K last 3 years. Currently , I don't have any job and doing my PhD. Please advise how to... Read more »
You really need a competent bankruptcy lawyer to help you file. Filing should not affect your immigration status.
it up? Divorce can't be finalized until there's an agreement with her bankruptcy lawyer about amount he believes I should pay towards her bankruptcy. He just is slow to answer, has taken over 700 days and still is not answering. Anything I can file or do to help speed it up?
This question is, on the surface, rather odd because, unless she has obtained an order from the bankruptcy court allowing her divorce case to proceed, it cannot because the bankruptcy, as a federal action, overrides all state court actions relating to her assets. If you don't have an attorney,... Read more »
Currently not working I have my own business but can't get work due to my Dept and not being able to get the materials needed for the jobs I get offered to bid on.
Check with your local legal aid office or bar association to see if you qualify or if they keep a list.
Filed (Oct/2012) and received a chapter 7 discharge in Dec/2012. Received a check in mail this week (9/27/18) for fees reimbursed from lawsuit from one of my discharged debts not entire debt but usury interest reimbursement . Unknowingly I deposited it today. Is this money mine or the bankruptcy... Read more »
Technically, it belongs to the estate but practically it’s only $271 and you probably have exemptions to protect it if the did claim it and it’s 6 years old, so probably ok to just deposit.
You can open a PACER account at PACER.gov and view filings.
He left. Now filing for bankruptcy
I dont want to file
Have all debts working out
Check with your state and local bar associations. They maintain pro bono and reduced fee attorneys who may be able to help you.
We split bills ones in my name vs his name
The house is the biggest issue?!
Its been on the market since last October
No one making offers to cover balance due
Cash broke!
1) Wait for House to sell.
2). Deed in lieu of foreclosure back to bank
3). His bankruptcy will stay proceedings for a bit and maybe the trustee can sell in and you will get your share, if any, after sale and payment of mortgage.
4) if YOU have no equity either, maybe you... Read more »
3.5 years ago. No will. I was POA. The above person, J... has been living there and paying mortgage. I have no problem with that and bank said it could continue that way. Now J.. wants to refinance and the bank says that me and my brothers have to do a quit claim deed to relinquish our rights. What... Read more »
When a person dies intestate, his property owned at the time of death passes to his legal heirs, i.e., those heirs defined by the intestacy statute in the state of the decedent's domicile. In almost all states, the children of the deceased, and wife, are the designated heirs. A grandchild is... Read more »
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