Get free answers to your Bankruptcy legal questions from lawyers in your area.
My landlord told us before we signed the lease that we wouldn’t have to deal with strangers coming into our home for any reason but because she’s dealing with facing foreclosure on a different house that she hasn’t been able to get anyone to buy,she’s been trying to get someone to buy the... View More
answered on Jan 4, 2021
Unless it is in your Lease there is no such prohibition. You may wish to find a leasehold elsewhere. A Buyer will take subject to your Lease, I would expect to not stay there much longer. A potential personal injury suit is not going to happen because it would be impossible to prove. causation.
answered on Dec 12, 2020
There are multiple fees when filing bankruptcy. The first is the bankrutpcy court's filing fee. This fee is the same for everyone. Currenlty, a chapter 7 filing fee is $338. The remaining fees are subject to change based on your specific case and the attorney you choose. These fees... View More
Can a bankruptsy case that has been closed, be reopened to include debts and assets intentionally left off by attorney and debtor??
Thanks, this is a very helpful law forum.
answered on Dec 7, 2020
"Debts and assets intentionally left off".
If it's a Chapter 7 case, and the discharge has been granted, adding the omitted creditors may not expand the coverage of the Discharge to the newly added debts.
The bankruptcy Schedules are signed by a debtor under penalty... View More
2018 May court awarded plaintiff 4500 dollars, Defendant appealed May 2018, deposited 4500 circuit court for appeal, Defendant filed Bankruptcy July 2020, Discharged Aug 2020. Funds still on deposit and no date set for the appeal. Plaintiff not notified as debtor. Is award for plaintiff set aside... View More
answered on Nov 23, 2020
The first thing you need is a lawyer; however, you should probably either pursue the appeal or file a motion for remission of the funds to you. i am not a TN lawyer, so go find one!
Good Luck.
d
I can file in 2 weeks but this finance company wants to come view the collateral of which I no longer have some of the items. Please help
answered on Oct 14, 2020
Under the Uniform Commercial Code, adopted in most states, a secured creditor has the right to enter the premises and inspect its collateral, and in addition, to render it inoperable, where applicable. But a creditor may only do so without a "breach of the peace", e.g., they can't... View More
I have credit card debt and I live on social security and I've gotten in over my head. Please give me some help.
answered on Oct 8, 2020
That seems very straightforward. I am going to assume that you have exhausted your nonbankruptcy remedies. There are some very good non-profit agencies like crown financial ministries, or consumer credit counseling service, that can help you negotiate and adjust debts with your creditors outside... View More
It's taxes 2015 and a total is $1080 something
answered on Jul 31, 2020
The garnishment will occur unless you seek bankruptcy counsel and file before the return date on the writ. Your lawyer that you hire for Bankruptcy knows how to halt this--otherwise, the garnishee fund, whether a bank or your employer, will have to respond.
Good Luck
d
answered on Jul 28, 2020
It depends on how bad your credit is. You need to be at least above 640. More is better. Since you are dealing with things that are not easily removeable, I would use a lawfirm like Lexington Law, because they can handle things that need to be removed due to violations of the Fair Credit... View More
We both draw ssdi And have some medical debt and just can’t make these payments can’t file bankruptcy til 2023
answered on Jul 3, 2020
If you are indeed judgment proof, I believe that should be enough to dissuade debt collectors from harassing you, but if not, get a lawyer and allow them to take the steps necessary to stop the creditors from harrasing you.
What are my options to keep my house but to get rid of the RV?
answered on Jun 29, 2020
Depending on your actual financial and cash flow position, a Chapter 7 might be what you are interested. If the RV is your only debt bankruptcy seems a bit extreme; however, it is what the number say.
Good Luck
d
answered on May 17, 2020
No, this money is explicitly excluded from the definition of income in the CARES Act. This means it does not need to be paid into your plan.
However, if you have recently become unemployed due to the coronavirus and are not making payments into your Chapter 13 plan, you may want to speak... View More
answered on Apr 20, 2020
Why don't you ask your lawyer who is representing you in the 13.
You do not provide enough data to answer this intelligently; moreover, this is not a substitute for personal counsel.
Good Luck
d
answered on Apr 19, 2020
While in a chapter 13, any attempt to obtain credit requires authorization of the Chapter 13 Trustee in your Court under 11 USC 363.
The judgment lien has been on the property for 13 years and was put on after my sister got a divorce from her ex-husband and a debt for a vehicle was never paid. The ex brother-in-law is no longer in the state of Tennessee and this debt, unless negotiated off the property will most likely never be... View More
answered on Apr 16, 2020
A short and simple answer is that a judgment lien in Tennessee is only valid for 8 years. However it seems that there are some moving parts in your questions. If you would like to email me, I can refer you to a real estate lawyer in your area to give you better advice.
This really depends... View More
answered on Apr 14, 2020
If you mean your tax refund check, then yes. If you mean the CARES Act Covid-19 stimulus check, then no.
answered on Apr 14, 2020
Go to trustee13.com. Choose Gwendolyn Kerney who is your Chapter 13 trustee. This will take you to a login screen. Your username is your case number and password is the last four of your social.
When I filed I had forgotten to tell the attorney I receive small checks at different times, but so few over time. Will the trustee take these checks in the future? The attorney said she would have to file an ammendment, The asbestos lawyer will not release any funds until she says ok. I cant ever... View More
answered on Apr 13, 2020
You need to amend your petition and include them, then use any remaining exemptions to protect your payments.
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.