Bankruptcy Chapter 7 Legal Questions

Dear Ms. Krapf: You are correct that there is an eight year waiting period for one to file another Chapter 7 bankruptcy.  The time runs from the date you filed for bankruptcy not the discharge date.     That you filed together with your ex- husgand and now wish to file separately should not affect the time period, but the best thing you can do is talk to an attorney who specialized in bankruptcy in case there are any exceptions to the rule. Depending on the terms of your settlement agreement or trial (if you did not settle the divorce case) there may be issues as to whether any of the debts you seek to discharge will be  actually dischargeable in the bankruptcy if your ex is still liable on them as well.  However, absent review of the settlement/final judgment, there is no way to know for sure.  You should just be aware of that and discuss it with a bankruptcy attorney and/or a family law attorney.    Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Miami-Dade:  954-316-3496 Boca Raton/Palm Beach: 561-962-2785... Read More

Yes, you can keep them out of bankruptcy because they have no equity. If SSDI is your only income you don't have to go bankrupt because creditors cannot take social security benefits. Your credit would remain ruined and creditors may continue to bug you but that's it. If you want to know about protections from debt collectors, i.e. bugging you, google federal trade commission, consumerfinance.gov and myfloridalegal.com Look for information about debt collectors or debt collection.... Read More

The finance company does NOT automatically lose its lien when a debtor files a bankruptcy case. Valid liens pass through and survive a Chapter 7 bankruptcy unless they are "avoided" (nullified) in an additional bankruptcy court proceeding. So although the Chapter 7 bankruptcy eliminated your personal obligation to pay back the finance company loan, the collateral that you put up in order to secure the loan (your vehicle) is STILL encumbered by the finance company lien unless the lien is cancelled by an order or a judgment signed by the bankruptcy judge. You cannot legally sell your vehicle without also tranferring the title to the new purchaser. The physical Certificate of Title is presumably being held by the finance company. It is unlikely that the finance company will give it to you out of the goodness of its heart. Talk to your bankruptcy attorney about this. You might have an additional problem if you are not maintaining full coverage auto insurance (including collision and comprehensive property damage coverage) on the vehicle.... Read More

Depending on your circumstances, bankruptcy can offer you the protection you need to get a second wind, save your assetts, and preserve your business interests.  It has been the focus of my career in law and I would be happy to speak with you so that I can get enough details to provide you with your suitable options.  Please feel free to give me a call today so we can find a resolution to all your concerns. 203.870.6700.... Read More

Are you sure that's the correct amount of your student loan, i.e., $341?  To file a bankruptcy the court filing fee is about that amount.  If you have more debt than this loan, then it might be worthwhile.  You need more than "out of work" to get relief from a student loan.  You need total disability to work now and in the future.  Also, it depends on so many factors to determine how you will pay or not.... Read More

First of all - if you have an attorney, ask your attorney. Things can be different depending upon the District and the particular Trustee involved. In additon, there may be significant facts about your Chapter 7 that we do not know about, that you havent told us about because you do not think they are significant. In general, you are free to change jobs while in Chapter 7. If you are making about the same money it won't matter a bit. Even if you will be making more money, assuming you were not expecting you were going to be making more money within the following year when you filed your Chapter 7 (you did not check that box at the bottom of your Schedule I), you will be fine and you do not need to tell the Trustee about the new job. If you do not have an attorney for your Chapter 7, it would benefit you to have a lawyer review your Petition and Schedules with you to see if anything needs to be amended. ... Read More

You should be able to ask your attorney questions regarding anythign you receive from the court on your case, if you used an attorney to file.  Without seeing the notice, I would say it is notice for the trustee or someone the trustee employed in your case to file an application for compensation since it appears as though your case had assets.  ... Read More