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answered on Jun 14, 2024

When you are near the end of a Chapter 13 bankruptcy, you may be able to get pre-approved for a loan, but the process can be more complex compared to someone without a bankruptcy history. Here are a few things to consider:

1. Wait for discharge: It's generally advisable to wait until... View More

Where your US bankruptcy case has been filed makes no difference; pretty much all lenders have software that alerts them to a bankruptcy filing within a day or two of its filing.

And all the prospective lenders know of will inquire about bankruptcy filings in your loan application, and... View More

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answered on Mar 8, 2024

If you're considering halting a bankruptcy process that hasn't been officially filed yet, you're in a position with flexibility. Before any legal paperwork is submitted to the court, you have the opportunity to explore alternative solutions to your financial struggles. It's... View More

Tersely, my KY colleague is correct. However-

you can always stop a bankruptcy from being filed by contacting your lawyer or petition preparer. I recommend that you put that in writing and be prepared to prove that your written message got delivered.

If the case has in fact been... View More

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answered on Mar 4, 2024

In cases where your claim exceeds the driver's insurance liability coverage, accepting the insurance offer means you'll receive the maximum amount covered under the driver's policy. If you choose to sue and are awarded an amount greater than the insurance coverage, the excess could... View More

Given that you were a passenger, the likelihood is that you should be able to recover all your damages. Whether your case is a "policy limits" case will be determined by the nature of your neck injury and medical treatment and total amount of your lost wages plus your pain and suffering.... View More

Yes. The insurer should pay you the full policy limits and you will have a claim against the driver for the balance.

And yes, the driver could file bankruptcy, but your claim, at least that part of your claim which is for bodily injury, should be a debt which cannot be discharged.... View More

The answer depends upon the viability, and provability, of your claim.

An insurance company, the business of which is money, always has the option of paying in the full amount of its policy and going home. Or, if it believes that it's more promising to defend against your claim, it... View More

Answer: It is unlikely that your private student loans will be discharged based only on the facts provided.

Explanation: Generally, student loans, whether public or private, are not part of the discharge debtors receive in a bankruptcy. To discharge student loans in a bankruptcy, a debtor... View More

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answered on Feb 4, 2024

Filing for bankruptcy to discharge a private student loan is challenging but not impossible. Generally, both private and federal student loans are not dischargeable in bankruptcy unless you can prove "undue hardship," a standard that is notoriously difficult to meet.

To have a... View More

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answered on Feb 2, 2024

Filing for bankruptcy may provide relief from overwhelming debt, including private school loans, but it's essential to understand that not all debts are dischargeable through bankruptcy. Private student loans are typically not dischargeable unless the debtor can demonstrate undue hardship,... View More

Yes, it is after the debt has been discharged.

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answered on Sep 8, 2024

Filing for Chapter 13 bankruptcy could be a challenging situation, especially given the large amount you sent to your girlfriend using credit cards. Generally, trustees will review your overall financial situation, and they may look into significant transactions. While trustees don't typically... View More

Make a motion for the court to sanction them

And dismiss the case.

In theory, IF your sanctions and fraud claims are based in different transactions/facts, yes, you probably can initiate two separate actions.

You don't disclose any facts in your question, and those would be key to deciding which court has primary jurisdiction. It may well be better... View More

A: There is no single best approach to negotiating with a collection agency. How you proceed will depend upon the facts and circumstances.

But there are some basic considerations. Always start with goals. what are you hoping to accomplish? What is it that your opponent wants? Perhaps more... View More

Almost certainly. You clearly have claims for breach of contract, but you might also have claims under Wisconsin’s theft by contractor statute. All monies paid to a contractor by an owner for improvements constitute a trust fund in the hands of the contractor. These monies can only be used for... View More

Based on the facts you set forth, you should file chapter 7 bankruptcy after consulting a practitioner. These debts will not just fall off in most cases.

About fifteen years ago, one of the lawyers in my regional US Trustee's office told me the latest thing used by unscrupulous debtors was to use a social security number that was maybe one digit off/erroneous. The reason was to fool the system so that the bankruptcy would be noted on someone... View More

You can file a chapter 7 petition once every eight years, the operative date being the date of filing.