In my Chapter 13 I had a cram down on one of my vehicles. While in the plan, the amount agreed to was paid in full. About a year later, I voluntarily dismissed my Chapter 13 and wanted to know where that vehicle stands as far as being paid off or not.
In a Ch. 13 proceeding, an Order of general discharge is entered upon completion of the confirmed Plan. If you dismissed before that time, no Discharge of debt was entered. As a result, upon dismissal, you were returned to the position you were in immediately prior to the filing of the...Read more »
So basically I owe a psych ward a ton of money. I was sued for it. And now they are garnishing my entire bank account. I have been trying to get ahold of the lawyer company to hopefully negotiate to stop the garnishment but they won’t return my calls and their automated emails just tell me to... Read more »
Substantially difficult and very frustrating for everyone involved. While you are permitted to file pro se, it would be much smarter to find an attorney who can help you and who will accept payments toward the fee.
I work for a government agency and am paying my loans back under IBR. I am planning to apply for student loan forgiveness under the PSLF program when I am eligible in 6 years. I want to exclude these loans from a Chapter 13 payment plan and just pay them as usual until PSLF kicks in. Can I count... Read more »
I understand that discharging student loans is nearly impossible. You have to show "undue hardship" which is an impossible task in itself. I am more than willing to make payments but I cannot afford $1000's a month. Would bankruptcy help to (1) reduce the amount owed? (2) make my... Read more »
No it will not reduce the amount or lessen the payments, except that it will usually go into deferment, but interest and late fees still accrue, so if you do a 13, continue to make some sort of payment to cover that
A: Generally, NO. Such a debts from prior to filing should be dischargeable, unless the granting of credit was based upon fraud. If they attempt to collect, you should advise your attorney, as they could be liable for sanctions.
I am sort of a student at law ( Paralegal) I could do my own bankruptcy my only question or issue would be the duality of the jurisdiction. Though no debt would be or would have been incurred in the current state.
A: Jurisdiction is determined where you have resided for the last six months. However, exemptions are determined via a 522 examination, which requires reviewing where you resided for the majority of time over the last few years. If you are a law student, I strongly suggest you delay your filing,...Read more »
A: Filing a Bky will Stay (Stop) a foreclosure; however, unless you file a Chapter 13, which requires payments, your time will be very limited. Additionally, Debt is not the only thing to look at when considering Bky. Income must be examined to confirm you pass the Means Test (income is compared...Read more »
A: Filing date to filing date for a chapter 7, you must wait until 7 years expires. So if you filed a chapter 7 on January 01, 2000, you must wait until January 02, 2007. However, if a Discharge was not entered, generally a matter is Dismissed with Prejudice, which means they cannot refile for at...Read more »
This depends on if you are in arrears, the specific chapter you file and the exemptions available in your state. Most attorneys offer a Free Initial Consultation, during which this issue would be addressed.
Sign up for PACER at the District Court for the respective jurisdiction. This is a free service, as long as you use less than $10 of services per calendar quarter. Once signed in, if a case was filed in that jurisdiction, you should be able to review it.
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