Connecticut Bankruptcy Legal Questions

The simple answer to your question is yes, you can file bankruptcy on your utility bills. But I would suggest if you're only build our utility bills that you find a way to pay them and do not discharge your utility bills. The reason for this if you ever file bankruptcy on any utility bills, all future utility services that you request, may require you to pay a substantial deposit before turning on your service. Considering the legal fees for filing bankruptcy are usually higher than those of utility bills as utility companies will shut off your service after certain minor time it seems that the best course of action would be to pay utility bills. But if you cannot afford to pay your utility bills, the answer to your question is yes you can discharge your utility bills under 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... Read Answer

Income taxes can be eliminated in bankruptcy under certain conditions. As a partial answer, you might be able to eliminate income taxes if the tax return was due for a tax year more than 3 years prior to filing the bankruptcy. For example, for 2010 income taxes, filing bankruptcy after April 15, 2014 might discharge these taxes. You need to consult with an attorney to fully analyze the issues involved.... Read Answer

If your tenant has not filed for bankruptcy yet you may file a lawsuit against him and attach it to his condo and his two-family, if this is done before he filed his bankruptcy petition. Once he filed his bankruptcy petition he will get relief from the bankruptcy code automatic stay, which prevents any type of actions against the debtor. In chapter 7 bankruptcy he will be able to discharge the debt against you and you will not have any damages that you will be able to attach to his property. Although if he is still in your building, you may hire a lawyer and file a motion from relief of automatic stay and once that motion is granted then you can of fixed him.   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 www.botelholawgroup.com 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147... Read Answer

The answer to your question is yes, you can file for bankruptcy when you owe $50,000 in credit card debt, even if your income is $42,000 a year. Although people who are reading this answer should determine their median family income per state they live and, as Connecticut is higher than other states, Connecticut allows a single person with an income of over $57,000 to file Chapter 7 bankruptcy. The fact that you owe child support and alimony, only increases your chances to file Chapter 7 bankruptcy, as those are legitimate expenses listed on the bankruptcy petition documentation. Now you do not mention if you want to file Chapter 7 or Chapter 13 bankruptcy. Chapter 13 bankruptcy you must also be able to make monthly payments toward your bills and whatever's remaining will go to repay your debts. In chapter 13 bankruptcy toll from porn to know you must completely pay off all secured debts such as mortgages and car loans, and Chapter 7 bankruptcy these types of debts may be discharged if you do not wish to keep the property.   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 www.botelholawgroup.com 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147... Read Answer

This kind of a strategy you don't want to do without assistance from an attorney. I am concerned whether you adequately understand the Means Test first off to see if you can pass it or not. If majority of debt is not consumer debt, the debtor is exempt from Means Test, but just because you pass the Means Test doesn't mean that based on what your Schedules I & J look like you can obtain a discharge in chapter 7. Please get an attorney. The Means Test is an additional criteria, it did not eliminate other considerations that were in existence before the Means Testing was implemented in 2005.... Read Answer

Just so I understand, you want to reduce your mortgage because if it is $3,000 less, you would then have more business debt than consumer debt? Yes, you can pay down your mortgage by $3,000 and it would be legal as our 9th Circuit allows pre-bankruptcy planning regarding exemptions. You are turning non-exempt cash into an exempt homestead. So, if your business debt is greater than your consumer debt, you are not subject to the means test. If you need an attorney, I would be happy to represent you for $2,000. If you hire someone else, make sure that the retainer agreement is either silent on the issue of litigation with the United States Trustee or is included in your flat fee retainer.... Read Answer

It's not "illegal" per se, although there could be a question raised under the requirement of good faith. It would be less likely to raise a "red flag" if you paid it down and then waited more than 90 days to file. (You have to report payments made in the last 90 days prior to filing on the Statement of Financial Affairs.)... Read Answer

This must be done with a great deal of fore thought. It is best to hire a very experienced bankruptcy attorney to help you. Please understand that bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step.... Read Answer

Student loan debt is treated as just another unsecured creditor.  I agree it is maddening because it is not dischargeable.  But in terms of your 13 plan, you do not pay the student loan debt outside of the bankruptcy during the case.  Rather, all of that money is paid into the plan which is distributed first to priority and secured creditors and second to general unsecured debt on  a proportional basis.  So some of your student loan debt will be paid through the case and they know they cannot take action against you while you are in the case.... Read Answer

If you do not know how to file for Bankruptcy you should see an experienced attorney who specializes in Bankruptcy. Our firm is able to practice in your state and would assist you if you decided that would be the best option 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.      Tai Figueiredo Paralegal BOTELHO & ASSOCIATES, LLCAttorneys At Law www.massachusettslawyeronline.com126 Shove Street Unit 202 Fall River, MA 02724 Office:  888-269-0688FAX:    877-475-8147... Read Answer

Bankruptcy will discharge debts that are owed on or prior to the date you file the bankruptcy case, unless they are excepted from discharge in the bankruptcy code. There are not enough facts to determine whether or not the debt with the attorney you mention would be dischargeable.  Most likely it is, but if it was incurred through fraud, or is a debt owed on behalf of a former spouse from a divorce proceeding, it would not be. 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're either misusing the term "power of attorney" or "discharge", or both.   First of all, a power of attorney is not a contract.  It is merely an authorization given to allow someone to do something on your behalf. A discharge is a legal injunction preventing a creditor from collecting on a debt that was included in the discharge. A power of attorney is not a debt and, therefore, cannot be discharged. I'm not sure this answers your question, but your question as stated doesn't really make sense. 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

Landlords typically look for a couple of things when deciding who to rent to 1) any history of domestic violence or criminal activity 2) prior evictions 3) utility disconnects. In over 30 years of representing folks in bankruptcy, none of my clients has complained that renting has been a problem.... Read Answer

If you filed bankruptcy, you would include your student loans, but to eliminate your student loans through bankruptcy would require you or your attorney to file an adversary proceeding to determine whether you are eligible for this help. While your description makes it sound like you have a shot to eliminate these debts, there is no guarantee that you will be successful.... Read Answer

If the debt your ex husband owes you is a domestic support obligation, it is not dischargeable in his bankruptcy case.  I would have to research whether the contempt hearing can proceed, but at worst it would only temporarily be postponed until either the Chapter 7 case concludes, or you obtain permission from the bankruptcy court to proceed with it.    I suggest you consult with a bankruptcy attorney in the location where your husband filed his bankruptcy case who can research this issue 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

presently there is no difference in dischargeability for student loans if they are private vs. public.  There are, however, differences outside of bankruptcy for what can be done, such as graduated payment options, etc.  Chapter 13 is also a good way to get an affordable payment plan on your student loans even though it will not discharge them. 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