Alabama Bankruptcy Legal Questions

Whether you should file bankruptcy or debt consolidation depends on your particular situation.     Once I know more about your income, debts, expenses and assets, then I could better advise you of your options.   Please feel free to call or email me if you have further questions or wish to discuss your situation in detail.  ... Read More

I need to know a few things before I can answer your questions: 1.  How much is your house worth?  How much do you owe on it? 2.  What kind of car do you have (make, model, year)?  How much do you owe on it? 3.  How much money do you currently have in your bank account? (include all checking, savings, and any other accounts)   -Matt Dunaway... Read More

I'm not sure I fully understand your question.   Are you asking whether you can include medical bills in a bankruptcy case?  If so, yes. Are you wanting to add medical bills/debt to a current bankruptcy case (that's already been filed)?  If so, you'll need to talk to your bankruptcy attorney. Please explain, in more detail, what you'd like to accomplish and I'll try to help.   -Matt Dunaway  ... Read More

As long as your case has been discharged and closed, you should be able to sell the house.  Even though you didn't sign a reaffirmation agreement, since there has not been a foreclosure sale you still own the house, thus, you can sell it.  I don't see a problem with you doing what you want to do, based on your fact scenario.  ... Read More

It's possible that even though you filed Chapter 7 Bankruptcy in 2011, the foreclosure sale was not until 2015.  You might want to check with the mortgage company or with the probate court to determine the foreclosure sale date.  If your credit report is inaccurate, you will want to dispute the account/item on your credit report, preferably in writing.  ... Read More

Here's a short guide on some items you'll want to bring to your 1st meeting with your bankruptcy attorney. This is not an exhaustive list of every document you may need to provide, but it's a good start. Some attorneys may request you bring more (or less) documents to your 1st meeting. Your Debts Obviously, if you're considering bankruptcy, you want to make sure you list ALL debts. It's helpful to write down the name of every creditor and the approximate balance owed. Get one sheet of paper (or an email)...list the names of all your creditors and the amounts owed; that's all. More detailed information will come from the next items. It's very helpful to bring any and all statements from creditors and debt collectors, including collection letters, and any other paperwork with information about your debts. This may also include lawsuits and garnishments. This is where we get more details about the debts, including creditor addresses and account numbers. Finally, it's always good to bring recent copies of your credit reports, preferably one from each major credit reporting agency (Equifax, Experian & TransUnion). The credit reports act as a good "cross-reference" to make sure you've listed all your creditors. I recommend my clients get their credit reports from www.AnnualCreditReport.com. Your Income (and that of your spouse) Your income is a very important factor in whether you qualify for bankruptcy. Your bankruptcy attorney will need to know, not only how much income you are currently making, but also how much you have made over the last six month. A good start is to bring your last 8 weeks of paychecks, but it's possible you may need to supply pay records for the last six months. If you're self-employed, you will need to be able to tell your bankruptcy lawyer how much you've made over the last six months, and likely provide bank statements. Eventually, you may need to supply your attorney with your last two years of tax returns, but I don't require my clients to bring this to their first appointment. If you are married and living with your spouse, you will need to provide a recent paycheck (possibly up to six months worth) for your spouse, even if they are not filing. Your Expenses (Budget) This one is easy. Simply list the bills you pay each month...house, car, utilities, food, insurance, day-care, gas, school, child-support, etc... Be sure to list everything; don't leave any expense out. Your bankruptcy attorney needs an accurate picture of your expenses. Conclusion This guide is meant to be a "good start" on getting information together for your bankruptcy attorney, and is not meant to be completely exhaustive of everything you may need to eventually provide.... Read More

Installment loans can be paid through a Chapter 13 case.  If the loan is a "short-term" loan (5 years or less), then the loan is typically paid through the Chapter 13 case.  If the loan is a "long-term" loan (i.e.- mortgage) then the loan is paid outside (separate from) the Chapter 13 case. How much the payment will be is determined by how much you owe, whether the loan is secured or unsecured, and - to an extent - how much you can pay.  ... Read More

Yes, filing a chapter 7 bankruptcy will remove your obligation to pay your past-due medical bills and any other unsecured debt. Your foreclosure is another matter, it will remove your obligation to pay the mortgage, but the only problem is if you wait too long and the lender writes off your debt as uncollectible to the IRS, the IRS will place that money on a 1099 as you made that much cash for the tax year that it happened. Your best chance to avoid this is to file chapter 7 bankruptcy before the house is sold at foreclosure, or as soon as possible thereafter. Once that IRS debt is assessed to you, it is not as easy to get rid of as just a debt from a bank. I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147 #bankruptcy  #lawyer  #FallRiver  #Chapter7  #chapter13  #debt  #debtsettlement  #foreclosure  #attorney   #cantpaybills  #lawsuit  #court  #bankruptcycourt  #eviction  #lostmyjob... Read More

Yes.  There is no time limit for filing a Chapter 13 case after a Chapter 7.  In order to receive a discharge in the Chapter 13, it must be filed at least 4 years after the prior Chapter 7 case was filed. See my article for a summary of the required time periods for discharge in bankruptcy cases after a prior filing.  ... Read More

Yes, you can discharge medical bills and fees from breaking a lease in a bankruptcy. The best form of bankruptcy for this would be a chapter 7 bankruptcy. The bills you are describing are considered unsecured debt, and these are the easiest to discharge in a chapter 7 bankruptcy.  I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147 #bankruptcy  #lawyer  #FallRiver  #Chapter7  #chapter13  #debt  #debtsettlement  #foreclosure  #attorney   #cantpaybills  #lawsuit  #court  #bankruptcycourt  #eviction  #lostmyjob... Read More

I'm sorry to hear that your financial difficulties have led to a breakdown of your marriage, I hear that story all the time. Since it sounds like both fuel working together and this is a mutual decision, the very best choice for you would be to file bankruptcy jointly prior to filing for your divorce. There are two obvious reasons to do this, first is the cost, it generally does not cost any more legal fees to handle a joint filing as opposed to a single person filing, in our office we don't charge any additional fees for a couple, the fees of the same for single person and couple in our office. Plus you only have to pay one filing fee, as opposed to two filing fees, which saves you even more money. Also your bankruptcy will be over in approximately 4 to 5 months, you may file for bankruptcy once your petition has been received, then you may file for divorce and neither one of those actions will affect the other. But if you file for divorce and obtain a divorce to create, then you technically can no longer file chapter 7 bankruptcy or chapter 13 bankruptcy jointly, you will be forced to file individually, which doubles the cost of bankruptcy for you.   I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147... Read More

Filing Chapter 7 Bankruptcy or Chapter 13 Bankruptcy would certainly solve your problem of facing collection proceedings by the lender. But you asked "should" you file. To answer that question you need to know how much they sold the car at auction for and what is the deficency payment you still owe and also other unsecured debt you would be able to discharge in bankruptcy. If that amount of money is more than you can afford, then the answer would be YES bankruptcy is the answer, if you can pay it off, then I wouldn't file.   I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147... Read More

I get this message all the time over the phone, what is the best chapter in bankruptcy to file. The answer is, I need more information. There is no one-size-fits-all in bankruptcy court. There are a number of different pieces of information that must be considered prior to giving a client and informed decision on which chapter of the bankruptcy code you wish to file, chapter 7 bankruptcy, chapter 13 bankruptcy or chapter 11 bankruptcy. One huge mistake I find people making all the time is they go to an attorney who is a "bankruptcy attorney", but in fact they only know how to file chapter 7 bankruptcy. Before going to an attorney always ask in their experience in chapter 7, chapter 13 and chapter 11 of the bankruptcy code before visiting them. The problem is if you do not ask that question they will try to sit you into the form of bankruptcy that they know best and simply not give you the proper information that actually filing a different chapter of bankruptcy would be more advantageous for you. At the Laurel pieces of the BOTELHO LAW GROUP we are experienced and filing all three forms of consumer bankruptcy and will help guide you to make the best choice on which chapter to file under. And as some of our clients that come in for free consultation, bankruptcy is not helpful for them, and we will let our clients know so and not simply file bankruptcy for them for the legal fees. You always want an attorney that is willing to pass on your case if it's in the best interests of you and your family.   I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147... Read More

It's highly doubtful that there is a warrant out for your arrest. The U.S. Supreme Court has ruled that "debtor's prison" is unconstitutional, and thus no one can be arrested and incarcerated for simply owing a debt. If there is any element of fraud, however, then it's possible that the creditor could have filed charges against you. But assuming that you're just behind on the loan payments and the creditor has no reason or evidence suggesting fraudulent activity on your part, then there can't be a warrant out for your arrest for merely defaulting on a loan. Additionally, there are many restrictions on how a debt collection agency or creditor may attempt to collect a debt that is owed. Harassment and making false claims is often illegal, and you may be entitled to damages if it can be proven that the collection agency or creditor has acted in an illegal manner. This would be something that you would need to speak to a debt collection or plaintiff's attorney about, but as far as a warrant being issued for your arrest, I seriously doubt that this has occurred.... Read More

How would removing it from your repayment plan assist your cosigners?  First of all, the cosigners are protected from any collection action by the student loan agency while you are in your Chapter 13 case.  If your repayment plan is paying less than the normally required monthly student loan payment, your cosigners can always pay the difference directly to the student loan creditor outside of your bankruptcy case. Another way you can go is to amend your plan to exclude the student loan debt from your plan, but you will need to get the student loan agency to withdraw their proof of claim filed with the court, presumably in return for the cosigners making the payment directly to them.    Finally, you say that "they" included your sallie mae loan in your plan.  Who is they?  If you mean your attorney, then you should discuss the different options with your attorney.  ... Read More