Connecticut Bankruptcy Legal Questions

In a Chapter 7 case, you can voluntarily repay any or all of your debts after your case is completed.  In a Chapter 13 case  you can do a repayment plan of anywhere from zero to one-hundred percent of your debts, depending on your budget, but you cannot pick and choose who gets paid.  Of course, after your Chapter 13 case is completed (usually after 60 months), you can--just as in a Chapter 7 case--repay anyone you want. Which chapter is in your best interest can only be determined after a comprehensive consultation with a bankruptcy attorney in your area.   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

It depends on which bankruptcy chapter was filed.  If it is a bankruptcy where assets are being disbursed, you can file a claim and share in the distribution to creditors.  You may also be able to seek to have the discharge of your debt excepted, so that you can continue to pursue this employer (you don't indicate if it is an individual or a corporation) when the bankruptcy case is finished.   There are strict time limits on filing an objection to discharge, so you need to consult with a bankruptcy attorney in the area where the bankruptcy case was filed for further information. 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

Social security income is exempt from collections both inside and outside of bankruptcy with one exception:  I believe the Internal Revenue Service can garnish social security income for unpaid taxes, so if you have such tax obligations that are not discharged in your Chapter 7 case, then some of it might be at risk. 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

Most taxes cannot be discharged by bankruptcy with the exception of very special circumstances.  You should consult a local bankruptcy attorney to determine if the taxes could be discharged.  Most bankruptcy attorneys offer free initial consultations, so it would be in your best interest to consult with a local attorney. 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

THe answer is that it really depends.  First, it depends on whether or not the fees are for services rendered before or after the bankruptcy case was filed.  If after, then the debt was not discharged and the attorney may collect.  Technically, if the attorney is owed money for services performed prior to the bankruptcy case (prepetition) being filed, then he is prohibited from collecting on it absent a bankruptcy court order to the contrary.  However, this really depends on the policy of the courts in that jurisdiction, so you should check with an attorney in your area to see how the courts treat that. 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 what you mean by "include".    You must list any and all debts you have in any bankruptcy case.  If under state law you have a legal obligation to pay on a credit card for which you are an authorized user, then you must list that debt.     In most such cases, if you are not a signatory to the cardholder agreement and are, in fact, just an authorized user, and you actually used the card to make charges, then you owe money to the main cardholder, not to the credit card company.   Either way, the debt must be listed. 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

No, there are no exemptions in a Chapter 13 bankruptcy, because there is no liquidation of assets as in a Chapter 7 bankruptcy.       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 are several ways to find a qualified bankruptcy in your area. First, you can access NACBA and they will refer you to a bankruptcy attorney. Second, a search on lawyers.com can assist you with an attorney. Lawyers.com has attorney reviews, Lastly, a trusted accountant or CPA is also a good  source.... Read Answer

It depends on what type of liens you are trying to remove.  Are these judicial liens, voluntary liens, statutory liens?  It's all different.   Judicial liens can be removed if certain mathematical calculations are satisfied--essentially if the liens impair an exemption to which you are entitled on the property.  The value of the property must be taken into account as well as the amount owed to all senior liens.  If you're talking about voluntary mortgage liens, then it depends on whether this is your principal residence, and what the value of the property is, how much is owed, etc.  You can sometimes remove junior mortgage liens on principal residences if the value of the property is worth less than the amount owed to the first mortgage, but this can only be done in Chapter 13 or Chapter 11. Hope this helps. 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

This really is a question for the bank itself, not really a bankruptcy question. But certain banks, such as Bank of America, If you owe them money on other accounts, they will take it from any financial source they can get their hands on, that you allow them to. If you have filed a chapter 7 bankruptcy or chapter 13 bankruptcy and the automatic stay is in place, legally the bank could not keep a check. But just to be safe I would cash the check at the bank it was drawn on and not on the bank you owe money to. You could always just open another checking account at a different bank and have the money deposited there also, this would be a safe bet. 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

If I understand your question correctly the person you are speaking with is probably correct. After filing a bankruptcy it will be difficult to get financing for the first couple of years. They may deny your loan on the vehicle if you file bankruptcy first. It may be a better option to finance the purchase of a reasonable vehicle (with low monthly payments) first and then file the bankruptcy. You need to be sure to discuss this with your lawyer because you may have a situation that calls for a different response but generally speaking, it is a good idea to finance your purchases first.   Terry DuncanBankruptcy Attorney in Charlotte, NC Duncan Law, PLLC4801 E. Independence Blvd.Suite 1100Charlotte, NC 28212(704) 563-1224http://www.DuncanLawOnline.com ... Read Answer

The dealer is partially correct.  If you purchase the vehicle before the bankruptcy case is filed, you will either need to "reaffirm" the debt in the bankruptcy (obligating you to all the payments due regardless of whether you keep the car or not) or, if not, then it will not be shown as "positive" on your credit reports.  (Failure to reaffirm can also lead to repossession of the vehicle even if you are current with the payments).   However, the tradeoff is usually in favor of doing the bankruptcy after the vehicle is purchased because it potentially enables you to walk away from the vehicle if need be in the future without further obligation.   Doing it in this order may also help you qualify for Chapter 7 since it will increase your debt/expenses. On the other hand, purchasing the vehicle after BK will enable you to have it reflect on your credit and may help you rebuild your credit.   But you may have a more difficult time obtaining a loan after you file a bankruptcy case. 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

There is a lot of time between now and the insurance company getting a judgment and garnishing.  Your entire check will not be garnished.  Your wages can only be garnished in the amount that leaves you the higher of $330 take home or 75% of your wages, which ever is higher.  Go see a bankruptcy lawyer now, with a plan on a filing in six months or a year.  ... Read Answer