Alabama Bankruptcy Legal Questions

This depends in part on the procedures and rules in your district, so you need to consult with a bankruptcy attorney in your area. But, there are two things you most likely can (and should) do: 1.  File a Motion to Suspend or Modify your plan payments.  How long and to what amount depends on the current terms of your plan, your budget, and which creditors must be paid in full through your plan. 2.  Respond TIMELY to the Motion to Dismiss by showing you have filed a Motion to Suspend or Modify your plan and providing evidence thereof. Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.  ... Read Answer

Your question is impossible to answer because I don't know what you mean by "best".   Everyone's situation is different.  Chapter 7 and Chapter 13 have different costs and benefits.   Does your question assume that you are eligible for both chapters?  That would be somewhat unusual since if you have sufficient income to do a Chapter 13 you probably (although not always) would have too much for a Chapter 7. You should consult with an experienced bankruptcy attorney in your area who can examine all your relevant information and advise you on your options.  Then you can make an informed decision on which bankruptcy chapter is best for you. Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.  ... Read Answer

This is not something that can be analyzed on the internet.  If your attorney is not responding to you, you should file a complaint with the state bar, and find a new attorney immediately to protect your rights. If you received a discharge in your 2006 bankruptcy case, then you were not eligible to receive a discharge in your 2009 case, but there's nothing wrong with you doing a repayment plan in the CHapter 13 anyway. You don't say when your case was dismissed, so I don't know whether it occurred 3 years ago, or yesterday or what the status of curing your mortgage arrears are, etc. You need a qualified bankruptcy attorney in your area to analyze your situation. https://plus.google.com/u/0/107837725128994657232?rel=author Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.  ... Read Answer

Divorce is State Law, Bankruptcy is Federal Law; Federal Law always trumps State Law. Thus your bankruptcy agreement has no bearing on your bankruptcy. Let's say wife gets the house and husband has to move out and put house under wife's name. This is fine, but unless mortgage is completely paid off, the deed can not be transfered to wife until the debt from mortgage is covered. This is also the reason bankruptcy does not take into consideration divorce. As for the Act of 2000, I doubt is has any affect as the bankrutcy Code was changed in 2005.   I have responded to your inquiry according to the laws of Massachusetts, where I practice. 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 & ASSOCIATES, LLC Attorneys At Law   www.massachusettslawyeronline.com 126 Shove Street Unit 202 Fall River, MA 02724 Office:  888-269-0688 FAX:    877-475-8147... Read Answer

Why would you need to wait at all?  There are numerous factors that go into determining which bankruptcy chapter to file under and when to file.  You need to have a consultation with a bankruptcy attorney in your area to evaluate your options and answer your questions. Be sure your attorney is thorough in their consultation. Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.  ... Read Answer

You need to speak with a local consumer rights and/or bankruptcy  attorney.  There are various federal, local, and state consumer protection statutes that may protect your rights and a local consumer rights attorney will be able to determine which laws apply. Most consumer rights and bankruptcy attorneys offer free initial consultations to determine what options are available. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read Answer

There are too many different variables to answer the question of what will happen to specific assets in a bankruptcy filing, as it currently is asked.  It depends on numerous factual issues.   You should consult a local bankruptcy attorney because each state has unique exemption laws and a local attorney can determine what assets can be exempted.  Most bankruptcy attorneys offer a free initial consultations to determine if bankruptcy is appropriate. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read Answer

There are no recent changes in the laws regarding tax dischargeability.  In fact, it's been the same since before I started practicing in 1991. Income taxes can be discharged if certain specific criteria are met.  Essentially these requirements are:   (1) it has been more than 3 years since the returns were last DUE (including extensions) to be filed, (2) the returns were timely filed or it has been at least 2 years since the returns were filed, (3) there was no fraud involved or attempts to evade the tax, AND, (4) the taxes were not assessed within the last 240 days. Some of the above time periods can be extended upon the occurrence of certain events, and as with all areas of the law, there are nuances and exceptions, so it is important to have an experienced bankruptcy attorney review your case to determine your options. Mark Markus, Attorney at LawCertified Bankruptcy Law Specialist--State Bar of California Board of Legal SpecializationHandling exclusively bankruptcy law cases in California since 1991.http://www.bklaw.com/bankruptcy blog: http://www.bklaw.com/bankruptcy-blog/Follow Me on Twitter:  @bklawr... Read Answer

If you are an individual (as opposed to a corporation or partnership), there is no choice.  If you fire your attorney you ARE representing yourself.  No "can" about it.   You will be acting "pro se" from that point forward, until you hire a new attorney. Mark J. Markus, Attorney at LawCertified Bankruptcy Law Specialist--State Bar of California Board of Legal SpecializationHandling exclusively bankruptcy law cases in California since 1991.http://www.bklaw.com/bankruptcy blog: http://www.bklaw.com/bankruptcy-blog/Follow Me on Twitter:  @bklawr  ... Read Answer

That depends on the facts.  When you say you "came into" some money, what exactly do you mean?  Was it inherited?  Did you find it on the sidewalk?  Was it a bonus from your job?  It makes a difference.  If it was an inheritance and you became entitled to receive it within 180 days after your chapter 7 bankruptcy case was filed, then it belongs to your case trustee.  If it was from your job or a source where you knew or could have known you were going to receive the money and you did not disclose this on your bankruptcy papers, then that is potentially fraud and grounds not only for losing the money, but also for revocation of your discharge (assuming you received a discharge). Otherwise, if it was the prototypical scenario such as where you bought a lottery ticket after your bankruptcy case was filed (and you used money earned or received after your case was filed to purchase the ticket), and you won, then it is yours to keep. Mark J. Markus, Attorney at LawCertified Bankruptcy Law Specialist--State Bar of California Board of Legal SpecializationHandling exclusively bankruptcy law cases in California since 1991.http://www.bklaw.com/bankruptcy blog: http://www.bklaw.com/bankruptcy-blog/Follow Me on Twitter:  @bklawr  ... Read Answer

You can eliminate junior liens on real property such as you described above in either a Chapter 13 or Chapter 11 case.  The amount owed would be treated as an unsecured claim and paid whatever percentage that class of creditors is receiving under your plan.  How much that is depends on multiple factors, including your income, expenses, amount of priority claims to be paid, etc. Mark J. Markus, Attorney at LawCertified Bankruptcy Law Specialist--State Bar of CaliforniaHandling exclusively bankruptcy law cases in California since 1991.http://www.bklaw.com/bankruptcy blog: http://www.bklaw.com/bankruptcy-blog/Follow Me on Twitter:  @bklawr... Read Answer

You are correct, and they are wrong.  It is a clear violation of the automatic stay.  Usually what happens is that interest continues to accrue on the unpaid balance and then, once your bankruptcy case is completed you would need to resume payments.  The fact that the debt is not dischargeable does not change the effect of the automatic stay. I suggest having your attorney pin the student loan agency's ears back by filing a motion for violation of the automatic stay.  The problem you may have at this point is proving damages. Mark J. Markus, Attorney at Law Handling exclusively bankruptcy law cases in California since 1991. http://www.bklaw.com/ bankruptcy blog: http://www.bklaw.com/bankruptcy-blog/ Follow Me on Twitter:  @bklawr... Read Answer

Because you were no doubt i default on the student loan, they had the right to look to your mother for payment.  Her Chapter 13 plan was confirmed, and it appears to have included a $90/month payment to them.  This did not mean they "transferred" the loan or that you were relieved of your payment obligation.  Why they were showing a zero balance is a mystery, but the reason the interest and penalties continued is because the $90 did not constitute the amount of the total due each month.  Why they said you could not pay it is also a mystery.  You have the right to pay any debt you have, even after you are discharged of your obligation to repay the debt in a bankruptcy.  In this case, you were not discharged of the obligation, so I cannot understand why they don't pursue you for the full amount, much less tell you that you do not need to pay.... Read Answer

Unless and until you hear from a Trustee, you must continue making payments pursuant to the terms of your rental agreement. Mark J. Markus, Attorney at Law Handling exclusively bankruptcy law cases in California since 1991. http://www.bklaw.com/ bankruptcy blog: http://www.bklaw.com/bankruptcy-blog/ Follow Me on Twitter:  @bklawr... Read Answer

Yes, it is legal to file for bankruptcy if you qualify for a particular chapter.  You need to consult with a bankruptcy attorney in your area about your eligibility and options. Mark J. Markus, Attorney at Law Handling exclusively bankruptcy law cases in California since 1991. http://www.bklaw.com/ bankruptcy blog: http://www.bklaw.com/bankruptcy-blog/ Follow Me on Twitter:  @bklawr... Read Answer

It sounds like the difference is Chapter 7 over a Chapter 13. Chapter 7 usually costs about $1500 in attorneys' fees and a Chapter 13 costs around $3,000 or so but is paid monthly in the plan. So why a Ch 13 instead of a Ch 7? If it is simply the monthly payment is high, ask them to increase the commitment period to lower the payment.... Read Answer

Yes, you will. Filing the bankruptcy removes your obligation to pay on the loan (in most cases), but it does not remove your property rights as to the home. The lender must still foreclose in order to transfer title. Therefore you will be served when the foreclosure is filed. If you want to be certain of receiving future notices regarding the property, you will want to answer the complaint (a simple letter explaining to the judge that you want to be kept informed about the case and copied on all orders will do). Also be sure to keep the court informed of your current address.... Read Answer

When you file bankruptcy the personal liability on your full mortgage is discharged. If the loan is not kept current the lender can foreclose under the California law procedures. The foreclosure starts with a 90 day notice of default followed by a 20 day notice of trustee's sale. After that there is a 3 day notice to quit. If you still remain there is an unlawful detainer procedure. It is inadvisable but not illegal to rent the house during this period.... Read Answer

In a chapter 7 bankruptcy filing, you can discharge all debts which are not prohibited by the US bankruptcy code. It is not necessarily the bad check to you in discharging, but the debt that it was meant paid. Although some debts under Chapter 7 bankruptcy are not allowed to be discharged, such as a check to pay taxes. Although in a chapter 7 bankruptcy, if the check was made within 90 days of filing for Chapter 7 bankruptcy, the debt most likely would not be discharged, as the US bankruptcy trustee would consider this fraud. I have responded to your inquiry according to the laws of Massachusetts, where I practice. 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 & ASSOCIATES, LLCAttorneys At Law www.massachusettslawyeronline.com 126 Shove Street Unit 202 Fall River, MA 02724 Office: 888-269-0688Cell: 508-801-6747FAX: 877-475-8147 Twitter Facebook  ... Read Answer