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I filed for Chapter 13 last year, but did not complete the petition. It was dismissed more than 365 days ago. But the filing was in 2018. If I file again, will the automatic stay apply? The last petition was dismissed in May 2018 and we would be filing again November 2019. I am planning to... View More 
answered on Nov 15, 2019
An automatic stay will kick in when you file a second bankruptcy, but will only last 30 days from the date you file the new petition. Within that thirty days, you can file a motion to extend the stay for the duration of your case, which of course you should do. That motion must identify the... View More
I am trying to find the list of items that were discharged by the bankruptcy.
My husband passed away 4 months ago. I have high credit card debt and not enough income to make payments.
answered on Oct 15, 2019
If you choose to file for bankruptcy relief without a lawyer, here are the forms you will need to fill out and file-
https://www.uscourts.gov/forms/bankruptcy-forms.
You must first decide whether to file a Chapter 7 or Chapter 13 case. There are income limitations for Ch. 7... View More
First attorney was to refund me 5200.00 dollars. Never did. Second attorney can get that for me but I will only get 1000.00 back. He stated I need to pay taxes and excess charges. Is this legal? What should I do?
answered on Jul 19, 2019
This question leaves a lot to the imagination. If your first BR lawyer never gave you $5,200 way back in 2011, why are you just now trying to recover it? Oh..wait; let me guess? So you can pay BR lawyer #2; right?
I get extreme anxiety. It gets so bad that i get sick. I may need to file bankruptcy though. Is there any help for someone in my case where-for the majority of the conversations can be done via email?
answered on Jun 13, 2019
There would need to be at least one initial face-to-face meeting, just lawyer and client (this is my personal requirement, not a requirement of law). The remainder of our communications can be by email if you can scan documents and send to me, and then if you can p;rint and sign documents.... View More
answered on May 5, 2019
Yes, and it happens frequently. There are companies out there whose business is to handle/service accounts of others that are deemed "bad", or "uncollectible", etc. Transfers of claims are specifically authorized by the Bankruptcy Code, and also occur in Chapter 7, 11 and 12 cases.
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... View More
answered on Apr 18, 2019
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... View More
the money and there is no way for me to get my money back from him. is this true?
answered on Apr 12, 2019
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... View More
answered on Mar 20, 2019
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... View More
answered on Feb 7, 2019
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... View 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... View More
answered on Jan 30, 2019
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?
answered on Jan 15, 2019
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... View More
answered on Jan 11, 2019
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.... View 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... View More
answered on Jan 8, 2019
To discharge, or reduce, any student loan debt, you must show "extreme hardship", and that bar is very high.
answered on Dec 7, 2018
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?
answered on Dec 6, 2018
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?
answered on Nov 30, 2018
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... View More
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... View More
answered on Oct 25, 2018
You really need a competent bankruptcy lawyer to help you file. Filing should not affect your immigration status.
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