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answered on Jul 29, 2019
No, it is a Violation of the Automatic Stay. Give the Debt Demand to your attorney.
I’m having health issues that may cause me to have to quit my job and start disability. This would make it impossible for me to pay my chapter 13 plan and afford to live. Would I be eligible for some type of hardship discharge even though it’s only been 3 years since my chapter 7 discharge if I... View More 
answered on Jul 29, 2019
The relevant dates are the filing dates of your two cases. If your 13 was filled it least 4 years after your 7 was filed, you might be able to get a hardship discharge in the current case. If your 13 was filed within 4 years of the Ch. 7 filing, you won't get a discharge in this case.... View More
It is me and my daughter. Will I be eligible to file for Chapter 7?
answered on Jul 22, 2019
You might want to look at Chapter 13, before going to Chapter 7.
Barely survive and afraid cant afford attorney fees an filing fees
answered on Jul 5, 2019
There are many Pro Bono groups that help Debtors in your situation, and you can apply to waive the filing fees. Contact you Bar Association or County Lawyer Referral Service and/or the Bankruptcy Court in your area for more information.
I own home that turned into a rental 3 years ago but reside in CA. Need to understand TN rules for what the bank can do when the Chap 13 is filed. I heard some states the bank can request the full value of the home in the filings.
answered on Jun 27, 2019
When you file a Chapter 13 bankruptcy, you get to keep your assets and pay your debts to the best of your ability. Bankruptcy exemptions shelter the value of much of your property, but your creditors have the right to get paid the value of your non-exempt property.
There are complex rules... View More
Submitted my fees or paystubs yet my paperwork has been done for a couple.months I just filed last week but before I filed I had became employed and in also cashed out my 401k. That is not reflected in my paperwork can I change this or what needs to be done.
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answered on Jun 10, 2019
You need to Amend your Schedules and Statement of Financial Affairs immediately, prior to the Creditors' Meeting. This is not a job to perform pro se....hire a competent attorney now.
I have also been employed for the last 30 days my paperwork.was filled out when i had lost my job. What do i need to do. I still need toturn in my pay stubs and my fees. Should I adjust my income on there and how do I do it?
answered on Jun 10, 2019
Ask your bankruptcy lawyer; if you do not have a lawyer, find one.
I have had correspondence with lawfirm who agreed to payments on a debt. Today there was a card from a lady who tried to serve me for a lawsuit. I haven’t been able to find anything about the lawsuit yet and am unsure of how i would find this. Any advice? The payments have not defaulted.
answered on Jun 6, 2019
If a lawsuit has been filed, it is a public record at the courthouse. However, it will only be filed in one county ( not all of them) and many times, the plaintiff has a choice as to which county they may elect to file in. For example, if the debt is the result of an auto accident, the plaintiff... View More
Missed a few payments and then it was written off in 8/2018. About 1-2 weeks later a settlement payment was made for about 1/4 of what was written off. They won’t talk to me and won’t take nor negotiate any payments and will only refer me to the law firm. The law firm is corresponding by email... View More
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answered on May 22, 2019
You need to start protecting your assets now prior to being sued. Make a written offer to the actual creditor, not the collection firm. If they do not respond, again protect your assets. Do not give out any information about your finances, income, or employment status. If you get sued, file a... View More
Do I need to list it as exempt even if I don’t owe any money on that item?
answered on May 18, 2019
You need to list all property you own and then claim an exemption for each piece of property.
Do I need to list paid off property I want to keep under exempt property on schedule c? Would I list it even though I don’t owe anything on it?
answered on May 17, 2019
Yes. You need to list ALL property and them claim exemptions for them.
Her only source of income is SSI Disability and we can't afford a lawyer. She pays several hundred out each month to other loans and utilities. She suffers from severe anxiety and has trouble talking to authority figures.
answered on May 12, 2019
If she files bankruptcy, she’s still going to be talking to authority figures. If her only income is social security, creditors can’t garnish ss. Schedule a consultation with a competent bankruptcy attorney who can review her complete financial situation.
I already had my apartment lease under Chapter, due to car wreck fell behind recently received judgement from complex and wanted to know it could also added to my bankruptcy. If so, what motion and whats the fee.
answered on May 1, 2019
Simply make a motion to add a creditor to your bankruptcy, presuming the claim against you was incurred prior to filing this bankruptcy.
for that is the only way I see for relieve I am not sure even who all I owe
answered on Apr 28, 2019
Look for a bankruptcy lawyer online or in the phone book and contact them. They will ask you several questions and then explain the process to you.
Last week i go to pay my car payment online and it said i have no active account. I call and they say my cosigner filed bankruptcy (but they cant give me the details) so they can no longer contact me or send me notifications but i can continue to call to make payments. So know im confused as to... View More
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answered on Apr 16, 2019
You must continue to make payments or the Lender will get relief from the Stay and repossess the collateral. Find out what type of payments your Sister's Plan proposes, and this will determine what you pay each month after the Plan is confirmed. But until the Plan is confirmed, no payments... View More
issues.
In 9/16, grandma cosigned a car for me. She had passed on 1/17. No probabte has been opened due to no funds upfront,& other heirs wont help. I had ankle surgery on 12/17, was off for 2 months, got behind on car payment. I got caught back up as good as I could.
In 6/18,... View More
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answered on Apr 15, 2019
The Creditor probably can Probate Grandmother's Estate for its benefit. But it is very unlikely. You are probably better off filing a Notice of Exempt Property with whatever Court and Docket Number you are being sued under. You should be able to Exempt all property, but be careful with any... View More
If an employee of a company has a severance payment owed per there employment contract, and the company holds said severance payment in an escrow account in the name of the employee, if the employee is laid off due to insufficient funds or whatever reason that will trigger the severance payment,... View More
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answered on Apr 9, 2019
It is very possibly a Preferential Transfer. But it is really for the Trustee to set aside and pursue the moneys paid out pre-petition. Employees will be considered Preferential Creditors usually, but a Severance Package is probably a Preference. The Defense for the employee is that it came... View More
I’m trying to file a chapter 7 bankruptcy in Tennessee and need to know what is the median income requirement for a family of 3 in the means test ?
answered on Mar 29, 2019
The median income for a family of 3 is $ 5521 per month. That is the gross income. Hope that helps.
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