That depends on the type of filing and remaining current going forward. If you can do a Chapter 13 where you pay the missing balance, and remain current going forward, then the answer is yes. IF you cant do these things, the answer is NO
I rented an apartment from a landlord that had a lease to purchase contract on a home that had two apartments included on the property. The person I rented from filed personal bankruptcy and walked away from the property before she was served an eviction notice from the owners of the property.... Read more »
I assume you filed a Chapter 7 in 2011. You cannot file another Chapter 7 within 8 years after the prior Chapter 7 and receive a discharge. So that would mean 2019 - 1 day after the "anniversary" of your prior Chapter 7 filing. The Bankruptcy Code allows you to file Chapter 7 without a...Read more »
My tenant has moved out. They owe us over $3000 and I have been to court to obtain a warrant in debt and a garnishment. I just received a phone call from a law firm stating that the tenants have filed Chapter 7 bankruptcy. I asked them to mail me printed documents to prove they filed bankruptcy... Read more »
I just found out they filed for bankruptcy. The lease is up at the end of July. Is there a way for me to check bankruptcy filings? For future reference, can I add into the lease the tenant must notify the landlord prior to filing immediately after bankruptcy filings as I am not sure when they... Read more »
The surest way to keep your house in bankruptcy is file Chapter 13, but you might be able to keep your house in a Chapter 7. This is a situation where you need a very experienced bankruptcy lawyer, one with experience in keeping houses.
Yes, if the case hasn't been discharged yet. You will need to pay the bankruptcy $31 to add the creditor, and follow the court rules to notify the creditor of the addition. The court requires to file the amended schedule and an amendment cover sheet. You need to send the creditor a copy of the...Read more »
I recently discovered I had not reaffirmed the mortgage. I began reviewing my credit info and discovered this and that the mortgage company has closed the account with a balance owed as 0. No payments have been reported since the bk. At this point if I walked away from the house would this effect... Read more »
It is a very sad fact of life that once your personal obligation for your mortgage is discharged in a Chapter 7, the lender will not report your payments, even though they are on time. I have struggled with this for many years as a bankruptcy lawyer, and have no solution. If it makes you feel any...Read more »
I bought some furniture in 2014 and I chose to keep it during the ch 13. Now Since I am discharged from the 7 I chose to Surender the furniture. I got a call from the Furniture place asking if I was keeping it or surrendering it. I told them surrendering it. They asked what my address was and I... Read more »
Unless they go back into bankruptcy court seeking relief, you shouldn’t have any worries. Likely the worst thing that happens is you could have to pay the fair market value of the property if you can’t return it.
Whether it's worth your time and money to get a judgment against someone who says they are going to file bankruptcy is basically a question of whether you believe the person or not. If your debt is the only major debt, they might be willing to settle with you. Whether the debt is discharged...Read more »
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