I was making payments on an old account with the courts but missed several payments. Now my wages have been garnished but the amount owed has tripled due to prejudgment interest. Is that legal?
answered on May 18, 2023
You can ask the Court Clerk to explain the Judgment amount to you. But it will legally grow exponentially with time. Read whatever contract you had with Creditor, and if none, read the Judgment. BR is a possible option, and be careful with your assets. A Notice of Exempt Property might be... Read more »
answered on Apr 5, 2023
Counties are state-created political subdivisions, and have little bearing upon federal (bankruptcy) venue and jurisdiction.
The Feds divide the country, and each state, into "US Districts".
You can file for bankruptcy relief in your District. You can google the District... Read more »
We went to small claims court. He did not show up the final hearing and we won our judgement for the full amount. He started bankruptcy chapter 7 2 days later.
In this case, we had paid for and had materials listed in the invoice that were not used and instead use other materials for a... Read more »
answered on Feb 27, 2023
You ask a lot of questions.
A 341 meeting in a chapter 7 case, over which the trustee presides, in a consumer case, normally lasts about 12 minutes.
When a corporation operating a business decides to "give up", it files a Ch. 7 because it is not eligible to file for Ch. 13... Read more »
Hi, we won a small claims court case against a contractor based on the fact that he told us we were receiving a certain material which he did not provide and the fence he built began to fall apart within 6 months. 2 days after the judgement, he started chapter 7 bankruptcy - we are listed as... Read more »
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answered on Feb 23, 2023
If you believe that the debt owed to you by the contractor should not be discharged in their Chapter 7 bankruptcy due to fraud, you may be able to file an objection with the bankruptcy court. Here's a general outline of the process:
Obtain proof of the fraud: You mentioned that you... Read more »
Hi, we won a small claims court case against a contractor based on the fact that he told us we were receiving a certain material which he did not provide and the fence he built began to fall apart within 6 months. 2 days after the judgement, he started chapter 7 bankruptcy - we are listed as... Read more »
answered on Feb 22, 2023
If the bankruptcy was filed by a corporation, i.e., the business, it is not eligible for a bankruptcy discharge.
If the debtor in bankruptcy is the individual, in order to except your claim from discharge for "fraud", you must file an adversary complaint in the bankruptcy court to... Read more »
I am a 75 y/o senior who filed emergency Chapter 7 bankruptcy Pro Se on 8/10/22 in Williamson County, TN, to stop a foreclosure sale. I have not filed financial schedules but the Trustee closed my bank account containing only proceeds from my husband's life insurance and took every penny,... Read more »
answered on Oct 12, 2022
The purpose of the 2004 exam is to question you regarding potential assets of the bankruptcy estate. They will ask questions about financial accounts, the life insurance, and other assets. They will ask for copies of your records, and other information that you may know. It is a deposition, but the... Read more »
answered on May 16, 2022
Yes. While filing bankruptcy should be a last resort, it is one of the most effective ways to deal with credit card, medical debt and other types of debt. There are different types of bankruptcy and eligibility requirements for each.
answered on May 16, 2022
You can always include taxes in a bankruptcy. The question is, will all or part of the tax debt be dischargeable? That depends upon whether or not you filed tax returns for those years and when the taxes were assessed. You should contact an expreienced bankruptcy attorney for a personal... Read more »
answered on May 16, 2022
When you file for bankruptcy relief, you must sign several bankruptcy Schedules showing ALL your estates and ALL your debts, and swear to their accuracy. You cannot leave anything out.
Credit card and medical bill debts are generally unsecured, i.e., there is no collateral securing... Read more »
answered on Apr 27, 2022
You should ask your attorney. But this does happen alot. There is nothing preventing you from continuing to drive the car, but you must be able to continue to register and insure it which can be difficult. When the secured creditor comes after, let them have it. Otherwise it could be charged... Read more »
I volunteered to have it repossessed and I was told I would be left with the outstanding balance to pay when the vehicle is being repossessed
answered on Mar 24, 2023
You might want an attorney to work out a compromise, so that no note deficiency is outstanding. The threat of Chapter 7 Bankruptcy might give you leverage. Also you might record and serve a Notice of Exempt Property.
The golf course is in bankruptcy and they told us the bankruptcy judge can reverse the restriction. Can a judge do that. Also the golf club owners are threatening suits if we POA do not lift the restriction. If the restrictions are lifted we fear they will build condos and who knows what else!
answered on Mar 1, 2023
Very doubtful that the bankruptcy judge will get involved in changing the restriction.
answered on Feb 6, 2023
Yes, you "can", but the question is more whether you should.
If your Ch. 13 Plan does not already provide for the sale, you will need to move for a modification of your Plan to provide for the sale and more importantly, what becomes of the sale proceeds.
And how will a... Read more »
Title/Payday loan company that was back in 2016 and my checking account was just debited for $460 dollars twice one for each check I also had a title loan the company says the title loan was covered in the bankruptcy but the two check advance loans were not what can I do?
answered on Oct 17, 2022
If they take any action against you, have your bankruptcy lawyer move to hold them in contempt for violating the automatic sultan/permanent injunction.
I have never filed for bankruptcy, and I don't know what this is or what it means to me.
answered on Jul 12, 2022
Probably sent to you in error. Call the trustee who filed it and they can probably resolve it.
if not can you tranfer title to co ownership prior to filing and then use the combined 10k wildcard exemption to exempt the 15K valued car?
answered on Apr 14, 2022
Your question ultimately is about Exemption Planning. You really need to be careful how you exempt the assets you own. There is wisdom in how to go about doing so. You should contact a Tennessee bankruptcy attorney to ensure that your assets are well-protected.
I make 1635 a month for 2 people and I have 4 loans that total 700 per month and my home and utilities are 600. Im not behind yet but i just can't keep up. I know it would damage my credit but can I alternate payments every other month or would bankruptcy be my best option?
answered on Apr 3, 2022
Take all your financial info to a bankruptcy lawyer. Most offer a free consultation snd can help you decide what to do.
answered on Jan 21, 2022
At the moment a bankruptcy case is filed, the automatic stay is triggered. The stay prohibits all creditors from taking any action against you or your property to collect a dischargeable debt.
If a secured creditor, e.g., the holder of a lien on a vehicle, wants to repossess, it must... Read more »
Accident occurred in 2013, judgement was rendered and a lawsuit filed on behalf of plaintiff in 2016. Amount $8000
answered on Nov 30, 2021
Yes, so long as the underlying accident did not involve a DUI on your part.
answered on Nov 5, 2021
That depends on what is contained in your Divorce Judgment. She is merely seeking to have her debt associated with the home discharged. There is no other effect whatsoever as to her her rights in the home. Whatever rights she had after the Divorce was granted should be the same after her... Read more »
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