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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.
answered on Jun 14, 2018
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... View More 
answered on Jun 13, 2018
Yes, so long as you are able to pay for it online and still make the monthly payments to the trustee.
My attorney is currently filing an application for a loan modification. If this is denied can the past due amount be rolled into the 13 if neccessary?
answered on May 12, 2018
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... View More
answered on May 9, 2018
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!
answered on Apr 9, 2018
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... View More
answered on Apr 2, 2018
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... View More
answered on Mar 6, 2018
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... View More
answered on Feb 28, 2018
Not without permission of the chapter 13 trustee in your region
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?
answered on Jan 18, 2018
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... View More
Specifically if they sell my home and I get the ~100K SC secures for me, is that money at risk if I move to another state?
answered on Jan 16, 2018
You are subject to the laws where you filed your bankruptcy case. Whether that was the right venue depends on how long you've lived there prior to filing.
Information provided for informational purposes only and should not be taken as legal advice.
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... View More
answered on Dec 18, 2017
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... View More
answered on Dec 18, 2017
On a refinancing, there are refinance loans where no money is given to the borrower. There is also cash out refinances where you refinance and also take out money against the equity in your home.
Based on the limited information you provided, I would guess that you had a straight... View More
answered on Dec 6, 2017
The foreclosure is a collection activity on the debt he owes (the mortgage), so filing a bankruptcy case will PAUSE the foreclosure, but not necessarily stop it. The bank cannot collect a debt from someone while they are in bankruptcy (this is called the automatic stay). However, the stay is... View More
like if he died what to I do about his house
answered on Dec 6, 2017
If your uncle does not have a will, upon his death there will be a probate proceeding held to determine who the rightful heir(s) of the home are. The process is always easier if there is a valid will (which you should retain an attorney to draft).
Information provided for informational... View More
My sister and her husband are on chapter 13 they kept their house but she is trying to say they don't have money. I myself just got off chapter 13 and they didn't take all of my check just wondering
answered on Oct 21, 2017
Your question cannot be answered with the information provided. Your sister needs to contact her bankruptcy attorney. If she filed without the benefit an attorney she needs to hire one. Over 90% of chapter 13 cases filed by debtors without an attorney end up being dismissed. You can search for an... View More
answered on Aug 2, 2017
If this would be your first time filing, the automatic stay goes into effect in most states immediately, and you can advise the sheriff / Constable /Court Officer upon receiving your case # that the stay is in effect.
15 YEAR OLD JUDGMENTS ON MY MD. SUSPENDED LICENSE? ?
answered on Apr 27, 2017
In most situations, a bankruptcy will get the judgment off your license so you can drive legally. The only exception is drunk driving without insurance. Many times you can get your license back once you file and not wait until you obtain your bankruptcy discharge.
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