The company is an LLC and manufacturers RV's and was going to file Chapter 7 bankruptcy but I'm now being told they will not do so. It as also been brought to my attention that the owner has personally lost his home, vehicles and is living with a relative. The latest news is that a major... Read more »
Unless you have some written agreement memorializing your $10,000 "investment" you may be in big trouble. Situations like this do not end well for small investors like you. If you are retired, stop "investing" in these kinds of "money-making get rich quick" schemes.
The estate of a deceased spouse can now claim an exemption for a property used as a residence prior to the spouse's death. What is unclear is how long that exemption can be claimed and how much the exemption actually is worth. The statute that was passed used the original exemption amount....Read more »
In SC, what happens if I don't respond to this? Or, I cannot reach a payment agreement with the debt collector? I have military retirement, military disability and my normal pay from my job. I own no property in the county in which I was served. Thank you.
If they sue you and you don’t respond, they get a judgment against you for everything theywant. Your military retirement and disability are exempt from seizure, but your normal pays not and can be garnished. Contact a local attorney to negotiate a payment arrangement for you.
If I retired from the Military and get a judgement against me for an unpaid credit card, can the money be taken from my bank account? This is not VA disability it's a military retirement pension paid monthly. I have consulted many lawyers and received conflicting opinions.
Section 38 U.S. Code § 5301 clearly states that military retirement is exempt from levy by most creditors. A credit card debt is not one of the creditors who can levy on retirement pay. The issue is that some states will allow the levy if anything else is in the account such as spouse's...Read more »
You may be able to modify the plan to include them if the modification is denied. Check with your attorney to see if there are other options available, including voluntarily dismissing and refiling to include them in the 24 month arrearage cure plan.
Due to a medical issue and major medical expenses, we have fallen behind on the mortgage and have requested a loan modification. From speaking with the attorney they don't seem very optimistic about any other options in the event that this request fails. If this fails are there any other... Read more »
Arguably, if loan mod is denied, you could dismiss your 13 and then refine a 13 with her and put your arrearagesin the 13 to be repaid over a two year period. Of course, you still have to keep the mortgage current while you’re doing that!
This sounds like it's a secured claim, which does not get discharged in bankruptcy like unsecured debts (like credit cards, etc). There are various ways to deal with secured debts - one of which is surrendering the property/asset. You can also just continue paying on that loan (or reaffirm the...Read more »
If you request that the case be dismissed, the Court will usually grant the request. If you had an attorney help file your case, that attorney is your attorney until the case is dismissed or the attorney is relieved from representing you.
You can write a letter to the Clerk of Court for...Read more »
You can try to bring something official with his social security number on it and see what the trustee says, but very likely they will adjourn the meeting to give him time to get another card. However, you should still show up, otherwise, the trustee might file a motion to dismiss your bankruptcy...Read more »
I’m a dual citizen of the UK & USA. I own no property, no car etc. in the US, all I have is a US bank account. I can’t afford my credit debt anymore, it just continues to grow. Can I file for bankruptcy? What would you recommend?
Since you are living in England, it is very unlikely that your creditors will go to the expense and trouble of bringing an action, obtaining a judgment and then making it a judgment under British Law so that the debt can be collected in the British Courts. I would probably advise you to not go to...Read more »
The LLC filed a proof of claim against the Bankrupt partner which validated the money owed to me. I am concerned that the Company will get my payment from the bankrupt partner, and then seek to cram me down, even though the company is not in BK.
How do I protect myself/ Can I intervene or... Read more »
If your claim is against the LLC, it cannot be transferred to the bankrupt partner without your consent. If that's the case, your issues would not necessarily be addressed in the bankruptcy case, but against the LLC directly.
Information provided for informational purposes only and...Read more »
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.