I've been in chapter 13 bankruptcy for almost 2 years now
answered on Mar 30, 2020
Unlike tax refunds, the trustee does not file a motion to intercept any other type of money coming from the treasury. So it will come to you.
There has been recent policy from the DoJ and local trustees in Tennessee that pretty explicitly state that debtors in an open Chapter 13 case will... View More 
The business is listed as a 2-member LLC. I do not want the other member to be negatively affected by my bankruptcy.
answered on Mar 26, 2020
The issue that affects your business partner is whether the bankruptcy trustee will want your interest in the business. That depends on the value of the business versus any exemption that might apply. You need to file your taxes based on what you elected at the time of formation or prior to... View More
My monthly pymt is 500 per month, I received a text asking if I can pay more monthly since my husband no longer had a credit card bill due.
answered on Mar 14, 2020
It sounds like the trustee wants you to pay your full disposable income into your plan.
A Chapter 13 plan must either be a 100 percent plan or else you must devote all your disposable income into the plan.
If a credit card of your husband has recently been paid off and he no... View More
paid even before she filed. Can she still go forward with eviction for possession? She is aware of our status and did not attend the creditors meeting. It was rent for the current month, paid albeit late, but also in the current month.
answered on Mar 5, 2020
She cannot go forward with the eviction without the court terminating the stay.
Car was totaled at no fault of mine I did not owe anything on car when I started bankruptcy chapter 13 can I keep insurance check and buy a used car without financing? Do I have to go through trustee?
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answered on Mar 4, 2020
That Check will be initially property of the Estate. You must file a Motion to keep the proceeds. But hopefully you already properly exempted the vehicle. If you have a 100% Plan, you might be able to keep it. But any smaller % Plan will probably require its use as being available for payment... View More
Can the new owner still evicted me. I’m current on my rent. But I still owe the old owner
answered on Mar 1, 2020
No. The old owner will be barred by the bankruptcy and the new owner can not evict you if you’re current.
Chapter 13
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answered on Feb 19, 2020
If you did not properly exempt the Tax Refund, or some of it, then yes. You have to file the Petition properly.
garnishment to attempt to collect the debt. After the garnishment was served to his employer, the debtor claims he is currently in bankruptcy since 2018 and is protected by a "stay". What avenue to I have to try to collect this debt? He has not paid anything on the judgement and it has... View More
answered on Jan 7, 2020
If the debtor has an active bankruptcy case then the whole case should have been stayed when he filed bankruptcy. You should look online at the bankruptcy court dockets to determine his bankruptcy status. If he does not have an active case, or was not granted a discharge, then you can garnish bank... View More
He told me there are some bankruptcy code requirements i may need
12000$ if they dismiss can I file for chapter 7 bankruptcy now
answered on Jan 3, 2020
If you filed Chapter 13 to avoid a liquidation of your assets in Chapter 7, filing a chapter 7 case now because you were not successful in your Chapter 13 case WILL NOT stop the Chapter 7 trustee from liquidating assets. When filing a Chapter 13 case due to liquidation issues, you must be aware... View More
I used some personal property as collateral but, no longer had said property and was not ask about it by my attorney or during my bankruptcy hearing. My case was discharged 10/2014. Around August or September 2017 I applied for a small loan and was denied and told by the person I spoke with on the... View More
answered on Nov 27, 2019
They cannot collect the loan from you but they are under no obligation to loan you money again in the future.
answered on Nov 23, 2019
You will have to pay for it or they will seek to recover from you.
Are you eligible for a Discharge
bankruptcy and get the debt dismissed?
Noise complaint than we get evection for it. They said we have 14 day to fix it but they want us to leave because of noise complaint and i pay them rent on time would that go on my record and stay on there for 7 years for noise complaint
1.39-17-425 POSS UNLAW DRUG PARAPHERNALIA USES & ACTIVITIES. 2. 39-17-434 (b) METH - POSSESS OR CASUAL EXCHANGE. 3. 40-39-208 SEXUAL OFFENDER REGISTRATION FORM VIOLATION. I do have a little bit of a past but I was doing real well and that 3rd charge I did not know I even had until now. Can... View More
answered on Sep 15, 2019
It would be impossible to say without having the complaint or charging documents available to read.
I thought my case was October 30th, but yesterday I realized it is August 30th. I do not have time to meet with an attorney, I do not have the items that Im being sued to pay. The debt is 4-5 years old and my summons was served in June of this year. What can I expect if I do not have an attorney.... View More
answered on Aug 28, 2019
First, you should appear. Otherwise, the judge will most likely enter a default judgment. You will also have an opportunity to discuss the alleged debt with the plaintiff's attorney and maybe reach a resolution. You may also request a continuance. Cases are often continued to afford someone... View More
They are seeking close to 10K - she's a waitress making less than regular min wage. Can she claim that debt under bankruptcy in TN?
answered on Aug 22, 2019
Yes, do long as it was not a DUI or alcohol related accident.
Live in TN. Already paid lawyers fees, taken 1st class, and filled out all paperwork but closing on sale of house with ex husband in 2 days so couldn't file ch.7 with court last week when I met with lawyer.
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answered on Aug 6, 2019
You cannot be filing Bankruptcy while you are selling real property. The Trustee will intervene and remove you from the equation quickly, and you will receive little or no money. And if judgments are paid, then they are no longer a debt, obviously not eligible for Bankruptcy. You need to hire... View More
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