I filed for chapter 7 in Texas with over 10,000 in checking accounts. 100% of this money is from unemployment compensation so I claimed it all as exempt. I told my trustee that at 341 meeting, and he said that it might not be exempt.
I was expecting him to ask for bank statements which... Read more »
My application (which I submitted in March) was neglected, handled improperly, and went against protocol for the review process. It is still in review today. As a result I was forced to either face eviction or not renew my lease at my appartment. When I contacted the program, they specifically... Read more »
I found out this was from years ago, and am I believe my ex wife opened the credit card and I was unaware of it. I gave an answer to the court and am now awaiting whatever comes next, not sure if I need to secure an attorney for an anticipated court date. ANy guidance and advice would be... Read more »
If you've already filed bankruptcy, you can just file a suggestion of bankruptcy to let the court know that it can't take any action on the civil case. If you haven't filed bankruptcy yet, you'll need to file an answer, and let the court know about the bankruptcy when it's filed.
When you say you two have a "life estate deed together" I don't know what that means. A life estate is only the right to use the house during your lifetime. Presumably one of you has a life estate and the other has...Read more »
I owned an undivided 1/2 interest in my ex-husband's property from our divorce 15 years ago. I gifted it to my children 8 months ago so that it wouldn't have to go through probate at my death. Will this be a problem if I file for Chapter 7? I received no money and own no other property.
That is likely to be a problem as it will probably be considered a "fraudulent transfer". Speak to a local bankruptcy attorney for possible solutions, as there may still be a way for you to file that doesn't cause a problem for you or your children.
The only income my husband and I have is social security income and his VA disability payments. We were married in 2019. Before our marriage, I accumulated much credit card debt. I am now retired, and unable to pay the credit cards. I know that his disability payments are excluded from the... Read more »
Hello there. You are correct that you do not need to input VA disability and Social Security on the means test, but you do need to disclose the income on your schedule I as part of your income. You would also need to disclose it on the Statement of Financial Affairs as well.
My W2 shows a $5000 difference from what was deducted vs what the trustee received. My bankruptcy lawyer has been no help & now my bankruptcy case is being dismissed. Is there anything I can do about this since my money was mishandled by my employer? What/if any law would the employer be... Read more »
Tons of laws! Basically, this would be the equivalent of civil theft. I would first alert the trustee and they may take care of it. If not, I would file a motion to compel in the bankruptcy court to have the money turned over.
That's a loaded question best discussed in the office. Some additional questions will include, "How did you obtain your conditional greencard? (e.g. investment based or family based?) What sort of bankruptcy is it? (personal or business based). There is a form I-944 that has to be...Read more »
Child support judgement was reduced to half 27000 and was included in my bankruptcy filing and was paid off in 2006. Then the Child support office refiled for the original amount and tacked interest onto the original amount. The CS office refuses to acknowledge the bankruptcy agreement and more... Read more »
Child support payments generally cannot be discharged in bankruptcy. This means that a parent who owes child support cannot escape this duty by filing for bankruptcy. Bankruptcies do not act as a stay, or hold, on actions to modify child support obligations. Since you state that the child support...Read more »
Bankruptcy since 2018, never missed a payment. Been doing it successfully, but since covid and working directly with covid patients I cannot get extra work since I'm constantly exposed. So I have not been able to get extra work. Now I cant pay my insurance, pay my utilities or my gas to keep... Read more »
If you have been in bankruptcy since 2018 it sounds like you filed under Chapter 13. A chapter 13 bankruptcy can typically be voluntarily dismissed at any time. Although before you dismiss you might explore seeing if you can modify your plan and possibly lower the payment. Under the CARES act, you...Read more »
I had a case in the court, but the person litigated in another court, and was awarded his request. I filed an appeal. Then had a TI schedule, in the TI one attorney post fraud. I filed for bankruptcy, the Judge in the BK ruptcy court heard the case and overturned the lower court finding. As it was... Read more »
Sorry, this is a complex fact situation which appears to involve at least 3 different matters. No helpful comments can be made without reviewing the status of the underlying cases. If there is currently a Motion for Summary Judgment filed against you in the Counterclaim, you need to make sure...Read more »
I do nt want to have to sell my Truck I have 14,000 more to pay and have 14,000 already paid. All other debt appx 12,000 is unsecured and I have been "disabled" and getting SSDI since July 2020. Disability began July 2019. I have a disabled child as well and she gets SSI. Although I... Read more »
On the car in the bankruptcy payment. My car was totaled. The trustee collected the check from the insurance and my relative is financing the car for me since I had to have a car. Was the trustee supposed to get this check. Trustee ‘s office will not answer calls and have not for months.
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.