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I am considering BK 7. Or possibly just stop paying the bills as it would save me 1000 per month. I am on a fixed income now. The homes are being rented out. I'm aware of the homestead law. If I were to homestead, I would protect the home in California. The home in Tx is about a year... View More
answered on Nov 29, 2017
Homestead laws only apply when you reside in the property. You indicated the homes are being rented out, so you might not have this exemption. You should speak to a local bankruptcy attorney that can more accurately analyze the situation.
What do we do?
answered on Nov 21, 2017
Conns has a lien on any of the items you purchased in their store if you financed them with the instore credit. This means they can ask for the washer and dryer or the TV back. You should file an answer to the lawsuit. If you do not file an answer Conns could get a default judgment against your... View More
answered on Nov 14, 2017
The question is not so much as the debt, but the equity in your property and your income which determines your means test. That is more relevant than the debt you have.
answered on Nov 14, 2017
You must list all of your creditors in your bankruptcy. If you want to keep your cars and house, you can continue to pay them and if you wish, enter into a reaffirmation agreement with them (if chapter 7 bankruptcy). Then it is as though you did not file bankruptcy on them; your personal liability... View More
Medical and credit card debt.
answered on Nov 11, 2017
The question is can you get a discharge? Under the current bankruptcy law, you are able to receive a discharge (Get rid of your debt) only once every 8 years under a chapter 7 filing. You count the 8 years from filing date to filing date. See a bankruptcy lawyer near you and let them review your... View More
answered on Nov 8, 2017
After a bankruptcy discharge, review your free credit reports from annualcreditreport.com and dispute any that are not reporting correctly. If they were discharged they should show "discharged in bankruptcy" and show a zero balance due. Review your credit reports at least annually for... View More
I just received a suspension of drivers license notice from DPS. I can't believe I was in a minor accident during the one week my insurance had lapsed. Unbelievable. Now I need help to get my license back. I don't see any other way to get out from under this. Please advise.
I... View More
answered on Nov 7, 2017
Yes, so long as you were not DWI at the time of the accident, the damages from the auto accident should be dischargeable in bankruptcy. In that case, you would be eligible to apply to have your drivers license reinstated, but you must maintain liability insurance in the future.
I am looking to file chapter 7 Bankruptcy looking to keep my house its financed with Wells Fargo
answered on Oct 25, 2017
In a Chapter 7, your IRS debt will probably NOT be discharged except in very rare circumstances. Seek counsel in your jurisdiction.
answered on Oct 4, 2017
The short answer is: almost certainly not. When you file for bankruptcy, you are asking for legal relief from payment of your debts, including unsecured debts like your credit cards.
The credit card company will find out about your bankruptcy filing within hours, and will probably... View More
The car dealer said it was approved by their bankruptcy department since I have had my creditors meeting already, they said it wouldn't be an issue with the court if I bought it.
answered on Sep 16, 2017
Based on your statements, I would say yes, but please check with your counsel, because if there are exempt funds or non exempt being used, the trustee might have to be contacted.
answered on Sep 15, 2017
No, you should not. Speak with a bankruptcy attorney and see how to best use the exemptions allowed in your state or under the federal scheme
answered on Aug 23, 2017
Without more information it is difficult to say. Is she going to keep the car, pay for it and reaffirm the debt? If so you will be "off the hook" so to speak. But if she is going to surrender the car and discharge the debt, you will still be liable for any "deficiency" or... View More
answered on Aug 8, 2017
If you filed chapter 13, you may be able to recover your car without paying anything. You will need a valid driver’s license and proof of insurance. Contact your attorney and if you do not have one contact a local attorney and schedule a consultation. You can search for an attorney using the... View More
In Texas, if I filed for bankruptcy, informed my mortgage company about it with my case # and got jailed for a different reason before the bankruptcy got concluded, should it be in effect or should my mortgage company foreclose my house? Do I have any legal option if the mortgage company foreclosed... View More
answered on Aug 4, 2017
If this was your first case the mortgage company should not have foreclosed while the automatic stay was in place. The automatic stay is in force from the time the case is filed until it is lifted or your case is dismissed. Getting locked up does not terminate the stay. Having your case... View More
answered on Aug 3, 2017
It sounds like you filed a chapter 7 bankruptcy without the benefit of an attorney. You need to contact your attorney and if you do not have one now is the time to hire one. In chapter 7 bankruptcy property that cannot be claimed as exempt is an asset of the bankruptcy estate and the Trustee will... View More
If I file for bankruptcy, informed my creditor about it and got confined in jail before the bankruptcy got concluded, should it be in effect? Do I have any legal option if the creditor took any action against me for my debt?
answered on Jul 27, 2017
If you filed for the bankruptcy and then got arrested and was placed in jail for a pre-petition debt, and you advised them that you had filed for bankruptcy and it was true, and they still incarcerated you, you should advise the Court and your lawyer and file a Motion for Sanctions
Separated 2 years, divorced in Dec. 2016. Ex purchased a home while we were separated. I have contributed nothing towards the house, down payment, closing, payments, upkeep. Divorce Decree gives him 100% ownership, but have not removed my name. Have never stayed in the home, visited one time. I... View More
answered on Jul 24, 2017
If the property was awarded to your husband in the divorce decree then the decree should have been filed in the County Deed Records maintained by the County CLerk. This is not done automatically. You or someone would have needed to or still can file a certified copy of the divorce decree.
My 401k which would be about 10,000. If I don't have any money left and file for bankruptcy shortly after, will it affect me?
Looking for info on LUCKY FIVE CORPORATION that went bankrupt ...They developed Tall Timbers Subdivision.... Burkeville Texas.
answered on Jul 24, 2017
You should be able to access information through the "PACER" system or otherwise do a search on the internet.
answered on Jul 24, 2017
I would begin with asking their bankruptcy attorney. All non-exempt assets become property of the Bankruptcy Court depending on the type of filing. You need to consult with a probate attorney as well who can explain procedures for disposing of property.
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