Arkansas Bankruptcy Legal Questions

That is because the cash settlement from your lawsuit against Walmart will be considered income within your chapter 13 bankruptcy which will be applied to your past debts. As this lawsuit was open during the time of your chapter 13 bankruptcy, your bankruptcy trustee will not give you the discharge letter until the settlement of that matter and the monies received from that settlement I used to pay back your debts. Once the lawsuit has concluded and the US bankruptcy trustee has taken the portion of the settlement that they will be using to pay back your debts and apply those your debts, at that point the bankruptcy trustee will send you your discharge letter. But until that money is obtained by the us bankruptcy trustee in dispersed your creditors, your bankruptcy is not actually discharged. 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 Answer

That is completely untrue, but this is a common lie told to debtors from credit card companies or collection agencies. Credit cards by nature are what is considered unsecured debt, meaning there is no security interest such as a car, home or any other assets that is secured by the money being lent to the debtor. Essentially this means nothing you buy with the credit cards is secured, as it is by its very nature and unsecured debt, meaning the credit card company has no collateral interest in any asset you purchase with the money they allow you to borrow on credit. 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 Answer

I will highly discourage you from attempting this course of action, there is no loopholes to allow lives to hide from their husbands that they have to file bankruptcy. The fact of their age may make it easier to hide the fact but I still would not suggest it. But if she chose to file bankruptcy herself, and could get all the proper documentation from her husband that she would require, then it can be done. But there is paperwork of her husband such as income and tax returns that will be required to file her bankruptcy as bankruptcy include household income, not simply the income of the person filing bankruptcy. If she can get all this documentation without him knowing, technically yes you can file bankruptcy without him knowing.   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 Answer

YOu are required to include the income you received in the 6 months prior to filing your case in the determination of your projected disposable income, but that can be modified if it does not reflect what you are currently bringing in. There are a lot of factors that go into what your payments need to be, including what percentage you are paying to unsecured creditors, whether you have any arrearages you are paying on secured debts, priority taxes, etc.  They can all affect what you need to pay, and whether reducing your payments now would affect anything. If you don't trust your lawyer, you should have a consultation with another bankruptcy attorney in your area who can review all the relevant documents and advise you.... Read Answer

Mom cannot file before she is eligible to file under whichever chapter you are referring.  If you mean she needed 4 years before she can file another Chapter 7, then she might want to look into to doing a Chapter 13 case now, as that could resolve the lien issues you mentioned.  ... Read Answer

I believe what you meant to ask is whether or not the loan in question is dischargeable in bankruptcy.  When you say "file on", I don't know what that means exactly.  All assets and all debts must be listed in any bankruptcy case.  Whether or not they are dischargeable depends on the type of debt and whether they fall under one of the exceptions to discharge set forth in 11 U.S.C. 523. Debts incurred through fraud are not dischargeable if the creditor timely files a complaint and prevails at trial proving the fraud.  Taking out a loan without the intent to repay has at least some of the required elements of fraud.  Thus, a loan taken out within 30 days prior to filing a bankruptcy case certainly raises the issue of intent to repay, unless something happened during that 30 days which caused you to file bankruptcy (such as an unexpected job loss). Whether and to what extent this is really an issue in your case depends on the amounts involved, the pattern of previous loans, and which chapter of bankruptcy you file. You need to have a consultation with an experienced bankruptcy attorney in your area for more details. 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

There is no way to advise you, or anyone else, on whether to file a bankruptcy case and what the ramifications may be in a given case without having a comprehensive consultation to go over all the relevant facts.   What you are doing here is the equivalent of e-mailing a doctor, saying your head hurts and asking them if you should have surgery. Whether you can keep your home or not depends on its value, the amount of equity, and the exemptions available under applicable laws in your situation. You need to consult with an experienced bankruptcy attorney in your area.  Most offer free initial consultations. 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

There are too many different variables to answer that question as it currently is asked.  It depends on numerous factual issues.   You should consult a local bankruptcy attorney because a local attorney can determine if bankruptcy is appropriate.  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

It depends on what the type of debt is.  Some debts such as taxes cannot receive a discharge.  It may also depend on the chapter you file under. You should consult a local bankruptcy attorney.  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 too many different variables to answer the question of what will happen to specific assets, as it currently is asked.  It depends on numerous factual issues.  Issues such as: the amount currently owed on the mortgage, what other assets you own, the value of the vehicles, and the market value of your home.   As for the attorney's fees, most Chapter 7 attorneys will require an upfront payment of all fees because any amount not paid before the filing will be discharged. You should consult a local bankruptcy attorney.  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

A court case for an unsecured debt can be dealt with by a bankruptcy filing.  The court in which the case is filed should be notified of the bankruptcy filing, but the bankruptcy will take care of the unsecured debt, assuming there is a discharge and the debt is dischargeable. his 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

Bankruptcy only will discharge debts in existence at the time of filing.  Therefore, if you have not had the surgery before filing, you cannot discharge the debt once the surgery is performed.   You should consult a local bankruptcy attorney and an employment law attorney to determine what your options are.  Most bankruptcy attorneys offer a free initial consultations to determine if you qualify for bankruptcy, and to determine if bankruptcy is appropriate.  An employment law attorney will be able to determine if workers compensation should cover your surgery. 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

No.  Social Security funds are exempt and not property of the bankruptcy estate. However, depending on how the courts in your jurisdiction treat these things, if you are paying less than 100% to your creditors in the Chapter 13 the Trustee could file a motion with the court seeking to force you to either increase your plan payments, or pay over some or all of the social security income, but you should have your attorney strongly oppose any such motion. 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

I can't promise you that you will get a student loan, but I can tell you that you cannot be denied a student loan because you are in, or have filed, a bankruptcy case.  Section 525 of the Bankruptcy Code prohibits such discrimination. 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

I'm not sure who "they" are, but your assets are not subject to being sold or executed on in a Chapter 13 case. 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

Yes, if you file Chapter 7 bankruptcy, the Bankruptcy trustee will take money from where ever you have it.   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 Cell:     508-801-6747 FAX:    877-475-8147     Twitter   Facebook   Manta... Read Answer

There is no minimum amount of debt required to file a bankruptcy case.  It's a matter of the benefit to you of filing, and that can only be determined by having a comprehensive consultation with a bankruptcy attorney in your area. As for the cost, that depends on the complexity of your case, what chapter you're filing, and which attorney you choose.   There is no fixed rate.  Most attorneys offer free initial consultations and will give a fee quote at that time. 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

If you're talking about transferring title to the property without receiving reasonably equivalent value for the transfer, and you are transferring at a time when you are financially insolvent and owe debts, then that is the textbook definition of a fraudulent transfer.  The statute of limitations for bringing a fraudulent transfer action varies state by state, and I have no idea what it is in Arkansas.  Most states are between 4 and 8 years.  So, to answer your question, you would need to wait at least that long after the transfer is recorded before filing a bankruptcy case if you want to avoid the Trustee from being able to sue the recipient (transferee) for the value transferred, as well as possibly seek a denial of your discharge on bad faith grounds. Understand, however, that this is not just a bankruptcy issue.  If you engage in such a transfer, your existing creditors can sue up until the statute of limitations expires in state court (up until you file a bankruptcy case). 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

Are you asking if it can be taken in a bankruptcy case, or outside of a bankruptcy?  What is the value of the property?  What chapter are you filing (if you are filing)? What is the value of all your other assets?  Your question is too broad and insufficient facts to answer. If you are filing a Chapter 7 case, then the land can be taken unless you have sufficient exemptions available under applicable law to protect its value.  Exemptions are "protections" for value you have in certain assets such that they are "exempt" from collections.  Every state has different exemptions amounts available. Exemption laws are based on the state where you resided for the 2 years prior to filing your bankruptcy case or, if you lived in more than 1 state during that period, in the state where you resided for the greater part of the 180 days prior to that 2 year period. In a chapter 13 case, you can keep the property, but would have to pay out over time to your creditors what they would receive in a Chapter 7. 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

I don't see any basis why this debt would not be dischargeable unless this was a criminal restitution order.  Whether you can recover anything depends on which chapter of bankruptcy was filed, and what assets are available to pay creditors. 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 they can because her name is on the account. Easiest thing to do would be to open a new account in only your name and have SS checks deposited in that account. That will protect you from garnishments from her credit cards. If your name is on the cards also, this will be of no benefit to you.   Joseph F. Botelho, Esq. BOTELHO & ASSOCIATES, LLCAttorneys At Lawhttp://massachusettslawyeronline.com/ 126 Shove Street Unit 202 Fall River, MA 02724 Office: 888-269-0688Cell: 508-801-6747FAX: 877-475-8147  ... Read Answer

Bankruptcy eligibility is not contingent upon your age or where you live.  I think your question was intended to be whether or not certain debts are dischargeable in a Chapter 7 case.   A debt being sold to a collection agency or being put in "chargeoff" status does not affect whether or not the debt is dischargeable in bankruptcy.   A debt is dischargeable unless it falls into one of the many exceptions set forth in 11 U.S.C. 523 The most common exception being debts incurred through fraud.  In the vast majority of cases, if you're talking about standard consumer-type debts like credit cards or medical bills, they are dischargeable. You need to consult with a bankruptcy attorney in your area for a more comprehensive consultation. Mark J. Markus, Attorney at Law Handling exclusively bankruptcy law cases in California since 1991. http://www.bklaw.com/ bankruptcy blog: http://bklaw.com/bankruptcy-blog/ Follow Me on Twitter:  @bklawr ... Read Answer