Arizona Bankruptcy Legal Questions

When a mistake like this happens, it is almost always because your name is similar to one of your parents and the address is the same. You need ask the credit bureau to correct the error that appears on their credit report, and if the error doesn't appear on their credit report, then you don't need to do anything.... Read More

If you were living with your husband and the provider did not contract with your husband alone, you may be liable. Illinois law makes you liable for the expenses of the family, which generally would include necessary medical care. Under federal law, one spouse has the right to contract based on his/her credit alone, and if that is done federal law displaces state law. Emergency services such as an ambulance are probably not separately contracted for. An attorney would have to review any contracts to advise you with respect to the hospital and doctor bills.... Read More

I had a long and detailed explanation that I just erased. You need to find experienced bankruptcy counsel that you trust and you have to pay them to take a look at your situation so they can figure out the best course of action for you. There are many tactics that I can think of, but you really need a professional that will do the work. Good luck!... Read More

Have you already filed for bankruptcy? If yes, how long ago and are you still paying your chapter 13 plan? It is not impossible for you to obtain a new mortgage, however, if you recently filed for chapter 13 bankruptcy or if was only a few years ago that you completed you chapter 13 payment plan you would have to establish that your financial status has improved considerably and will not likely change for the worse in the near future in order to convince a bank to give you a mortgage without a co-signer.... Read More

You are certainly free to dismiss your chapter 13 if you wish to. Unfortunately, only your attorney has sufficient information about your case to help you determine whether that is a good idea or not. If your mortgage payments are current and there are no arrears left to be cured through your plan the you would be able to keep your house. The same would be true of any vehicle loans you have. If you were cramming down on a vehicle loan be mindful that the loan on such a vehicle will be seriously past due and you could lose it if your case is dismissed. Also keep in mind that whatever funds have been paid to the trustee (from any source) will almost certainly be distributed in accordance with your confirmed plan rather than be refunded to you. I don't quite understand what you mean by "overage" so I am unable to answer that. You really need to seek advice from your attorney.... Read More

There are a number of factors that are involved when determining your "plan base", which is the total amount of money you have to pay into your plan to get your discharge. Without looking at your Chapter 13 plan, it is impossible to determine what your plan base was and why you are so far behind. You are required to pay all tax refunds you received while you are in the plan to the Trustee, and often times debtors fail to pay those tax refunds in and that can result in a situation like yours. If you truly have $7,000 remaining to be paid into your plan, and you can't afford the plan payment increase, you should look into whether you can get the money from a retirement account, borrow it from friends or family, or sell an asset. The Court will not let your plan go beyond 60 months, so you have to find a way to get it paid off in time.... Read More

If you are eligible to convert to Chapter 7, it doesn't matter where you live. However, you need to get advice from an attorney in order to determine whether you are eligible to be in Chapter 7 and whether it really is your best option. A number of factors need to be looked out in order to determine whether you can, and need to, convert to Chapter 7. And, in some circumstances, it is better to dismiss your Chapter 13 and file a new Chapter 7.... Read More