Delaware Bankruptcy Legal Questions

When you say you "failed" the means test, are you saying your case has already been filed?  If yes, then what has happened is that you filed Form 22A and a "presumption of abuse" has arisen.  Most likely you will receive a letter (or Motion) from the US Trustee's Office in your district either seeking more information or they will file a Motion to Dismiss your case. If you haven't already done so, you should make sure that it is clear that the cash gifts and 401k withdrawal were one-time events, and not recurring.   Assuming those are the only reasons the presumption of abuse arose, there is a decent chance you should still be able to receive your discharge. However, you need to hire a competent bankruptcy attorney in your area to guide you through the rest of this process. 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 More

Nowhere near enough information to answer your question.  Which bankruptcy chapter was filed?  What is the basis of your claim (i.e. is it based on a contract, wages within a certain period prior to the case being filed, etc.)?   In either CHapter 13 cases or Chapter 7 cases where assets are being distributed, you are required to timely file a "proof of claim" form in order to share in the distribution of assets or payments. If you have a claim secured by assets, then you would be a secured claimant.  If you are unsecured, you can either be general unsecured, or you could have a priority unsecured claim, which would entitle you to be paid in full before any general unsecured claims (such as credit cards) would get paid. 11 U.S.C. 507 sets forth the specific categories eligible for priority.  If your claim falls into one of those categories, then you would list it (or that portion of it) as priority on the proof of claim form. I suggest you engage the services of a bankruptcy attorney in the location where the bankruptcy case was filed to assist you with protecting your rights in this matter. 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 More

Do you mean a lien?  A levy generally has to do with seizing a particular asset.  Did a court order a repossession? If you file a bankruptcy it will discharge whatever debt you owe on the vehicle, and stop any collection actions, but if there is a valid lien against the vehicle, it will remain after your case is completed.   However, you can remove judgment liens under certain circumstances in a bankruptcy case.  There simply isn't enough information to answer your question.  You need to have a consultation with an experienced 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 More

Business vs. Personal Bankruptcies I certainly can't give a fee quote for all attorneys in Delaware, particularly since I don't practice there, but filing a bankruptcy for a corporation is not going to affect any personal liability you have, unless the corporation files a Chapter 11 case and pays all of its debts 100% plus interest through the Chapter 11 case.  Corporations don't receive discharges of debts in Chapter 7, but even if they did--as I mentioned above--it wouldn't affect your personal liability at all. People often get business bankruptcy scenarios confused with personal.  It sounds to me like a consultation for a personal bankruptcy is something you should seek with an experienced 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 More

If you already filed a bankruptcy case, you don't need to file an injunction.  An injunction is created automatically upon the filing of a bankruptcy petition pursuant to 11 U.S.C. 362.  This is known as the "automatic stay" which prohibits creditors from taking any actions to collect on debts or property of the bankruptcy estate unless the bankruptcy court first authorizes it. If they repossessed the car after your bankruptcy case was filed, you need to make a demand that they return it.  If they don't, then you need to file a Motion for Turnover of the property and a Motion for Damages for Violation of the Automatic Stay. If for some reason you don't have any attorney, you're seeing now one of the multitude of reasons why one is needed.  I suggest hiring an attorney to protect your rights. 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 More

Whether you can keep your car, or any assets, in a chapter 7 case depends on the the value of your vehicle, the amount of equity in it, and the applicable exemptions laws of whatever state applies in your case.  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. 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 More

That depends on too many variables to answer.  Credit is typically easier to get after a bankruptcy, but each situation is different.  A bankruptcy will impact your credit score, but might not prevent you from obtaining credit soon after the discharge of the debts. 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 More

I'm not sure if I understand the facts, is the sheriff sale that his scheduled part of the chapter 7 bankruptcy or part of a mortgage foreclosure? The debtor can always file a motion to dismiss his chapter 7 bankruptcy petition, at which point they would be able to bid at the sheriff sale. But generally if the property has already been attached by the chapter 7 bankruptcy trustee, all funds from all bank accounts have generally been taken prior to this point. My point being, if you were to bid as sheriff sale after the chapter 7 bankruptcy trustee has taken all your bank account funds; that is direct proof that you have fraudulently filled out your chapter 7 bankruptcy forms and possible criminal charges will be brought against the appropriate parties. 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 More