I want to add my name on the deed now. Will my old collectors be able to put a lien on my house now? How do I know for sure that all the debts were wiped completely off with the bankruptcy?
If you listed all your "old collectors"/creditors names and addresses on your prior bankruptcy schedules filed with the court, and the bankruptcy court has entered its Order of general discharge, then you're good/safe, and if any of your old discharged unsecured creditors attempt in... Read more »
The answer should be yes, but unfortunately, there is a chance that an attorney that passed the bar isn't well versed in client confidentiality.
J
You definitely need to talk to a bankruptcy lawyer, now. A good lawyer will want a complete picture of your situation before suggesting the best plan.
the proceeds? I am a 100% PT disabled veteran with a wife and kids.
If your Ch. 13 plan has been confirmed, and I assume it has after 2 years, what you do with the assets you retained under your plan should not require an adjustment of the confirmed plan payments.
In my district, in eastern PA, the Ch. 13 trustee is proactive, and if a sale of the house is... Read more »
You don’t have to list it at all, but I’d put it under Statement of Finsncial Affairs.
I took an online loan from Advance Financial 24/7 10/2019 for $1250. From October to March 2020 I paid them about $325 a month. In March I enrolled with Encompass Recovery Group, a debt settlement group for payday loans. They settled (late August, early September) with Advance Financial for... Read more »
Yes. They can sue you for anything short of your full agreement.
How can I get his name off the discharged mortgage? I have the quitclaim deed and divorce paperwork showing it is mine. Im sick of him being able to access mortgage info as well as things being mailed to him from the bank. The property is in VA.
You can only accomplish this by refinancing the mortgage. Now is a good time because the rates are so low.
The bank has no obligation to release the lien of the mortgage unless it was stripped in bankruptcy.
Good Luck: go see a lawyer.
d
exemption or am i stuck pre 2020 exemption of $5,000?
You’re stuck bc eight the pre2020 exemption.
It should not if it was not reaffirmed, no.
I want to file objection to discharge based upon willful/malicious damage of property. How difficult is it to meet the standard. If have pictures,and property mgr that would be willing to testify.
You should hire a bankruptcy lawyer to handle it for you. You may be able to win but you need legal assistance.
Can I keep the car and keep making payments on it during chapter 7
Almost always, yes.
If the car was say a 2018 Bentley and you only owed two more payments--with something like that the bankruptcy trustee would sell your car. But if you owe about what it's worth, the trustee isn't interested.
Now if your car is financed by Ford... Read more »
The bankruptcy is for credit cards and medical bills only
The answer is yes. Of course whether or not you are in a community property state or not also effects how much a trustee can do. Basically the trustee owns the excess equity in any Chapter 7 case. Filing the case gives that equity to the trustee at the moment of filing and it cannot be undone... Read more »
I live in VA and have a Chase credit card and a Chase vehicle loan. If I default on my credit card, but remain up to date with my vehicle loan, can they repo the vehicle?
Depends on whether there is a wraparound security interest in the car tied to the credit card.
No.
My home is paid for and worth about $65,000. I need to file chapter 7 bankruptcy on about $60,000 worth of credit card, doctor bill and vehicle debt. My only income is $1,388/month child support. Will I lose my home? I can't afford to move out and rent.
You may have to file a chapter 13 t protect your home completely. Consult a local bankruptcy attorney who can evaluate your situation and help you retain your home.
I have a total 40K debt. I have 10K car loan left which I have never missed a payment. But I am no longer able to pay my credit cards after losing my job which is 30K and they are all charged off. I am about to finish a course and try to land on software engineering job. But I do have concerns.... Read more »
Consult a bankruptcy petitioner near you to discuss your options. Depending on the amount of equity you have in the property, you may need a Chapter 7 or 13.
Am I protected in any way?
Not from the firing. If you lose appeal, you can petition court to reduce Ch 13 payments.
The LLC that we have invested fund in our EB-5 case, has terminated. Our case is still waiting on response from USCIS for I-526. The case has been received in 2016 and I don't know when the company is terminated.
Consult an immigration attorney immediately.
I had a heart attack Jan 2018 that resulted in a pacemaker i filed for disability but was denied. I got behind on credit card bills. I was out of work for 4 months. I only work 32 hrs a week. I have been served with debt warrants to go to court. What can i do? Please help.
11/30/19 is your date. Every eight years.
I need a lawyer that can help me, I am a widow living on Social Security, and scammer /fiancee, ran credit cards 4 of them up to $70,000, he would pay the cards off, get credit again, and month later, credit card companies would send out a rejected payment because of closed accounts,
He... Read more »
Sadly, we see that scam a lot. Where in Virginia are you located. If you are in Northern Virginia I'd be glad to help.
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.
