Idaho Bankruptcy Legal Questions

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90 legal questions have been posted about bankruptcy by real users in Idaho. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include commercial bankruptcy, consumer bankruptcy, and foreclosures. All topics and other states can be accessed in the dropdowns below.
You need to retain an attorney to help you with this case.  
You need to retain an attorney to help you with this case.  

The non-custodial parent owes me over $30,000 in back child support, how will this affect my bankruptcy estate?

Answered 11 years and 2 months ago by Ms. Susan Green Taylor (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Bankruptcy
Yes, you should claim the arrearage owed; it should be totally exempt.
Yes, you should claim the arrearage owed; it should be totally exempt.

What can be done to this person who is committing bankruptcy fraud?

Answered 11 years and 4 months ago by Ronald Karl Nims (Unclaimed Profile)   |   11 Answers   |  Legal Topics: Bankruptcy
You can inform either the trustee in his bankruptcy case or the US Trustee's office in your district. It would be best if you have evidence of your allegations.
You can inform either the trustee in his bankruptcy case or the US Trustee's office in your district. It would be best if you have evidence of your... Read More

How soon after Chapter 13 discharge can you sell your house?

Answered 11 years and 5 months ago by Richard N. Gonzales (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Bankruptcy
Immediately!
Immediately!

Can I trade my car on another vehicle if I am in chapter 13?

Answered 11 years and 6 months ago by Dorothy G. Bunce (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Bankruptcy
You can trade your car in once your plan is confirmed, because upon confirmation, ownership in your property returns to you. However, you cannot borrow money while your chapter 13 case is open until you obtain court approval to do so.
You can trade your car in once your plan is confirmed, because upon confirmation, ownership in your property returns to you. However, you cannot... Read More

Can portfolio recovery associates come after you for a debt that was paid off in my bankruptcy?

Answered 11 years and 7 months ago by Bruce Chandler Barnhart (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Bankruptcy
If a debt was listed in a bankruptcy case that received a discharge order, any future collection effort is a violation of that discharge order and subjects the collector to penalties and sanctions. You should immediately send a copy of your discharge order to Portfolio Recovery. Keep copies and records of any communication with the collector.... Read More
If a debt was listed in a bankruptcy case that received a discharge order, any future collection effort is a violation of that discharge order and... Read More

Do I continue to pay car payments after filing for Chapter 13 bankruptcy while waiting for the hearing?

Answered 11 years and 7 months ago by Dorothy G. Bunce (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Bankruptcy
If your plan calls for the surrender of the vehicles, you should stop making the payments. I hope you did not include the expense of making these payments on Schedule J because the fact that you will not have to pay this expense in the future will impact your required plan payments.
If your plan calls for the surrender of the vehicles, you should stop making the payments. I hope you did not include the expense of making these... Read More
If you are surrendering the cars don't make payments.
If you are surrendering the cars don't make payments.

Do I continue to pay car payments after filing for Chapter 13 bankruptcy while waiting for the hearing?

Answered 11 years and 7 months ago by Ronald Karl Nims (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Bankruptcy
NOOOO, don't pay them. Even if you were keeping the cars, the plan takes care of the car loan during the confirmation process. But since you are turning the cars in, this is unsecured debt which will be put in a pot with your other unsecured debt and paid pennies on the dollar, any payment you make will just be money wasted. Or maybe you can get it back, I'm not sure, I've only been a bankruptcy attorney for 25 years and I've never seen anyone who made a totally unnecessary car payment, and I don't know how I'd handle it.... Read More
NOOOO, don't pay them. Even if you were keeping the cars, the plan takes care of the car loan during the confirmation process. But since you are... Read More

Do I continue to pay car payments after filing for Chapter 13 bankruptcy while waiting for the hearing?

Answered 11 years and 7 months ago by Daniel T. Garner (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Bankruptcy
By this time your attorney should have answered your questions. Once you have retained a lawyer, most ethical lawyers will not give you advice which may contradict the other lawyer. The time to ask for second opinions is before you have retained a lawyer.
By this time your attorney should have answered your questions. Once you have retained a lawyer, most ethical lawyers will not give you advice which... Read More

Do I continue to pay car payments after filing for Chapter 13 bankruptcy while waiting for the hearing?

Answered 11 years and 7 months ago by Richard N. Gonzales (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Bankruptcy
You really should consult with your attorney. Cars are suppose to be returned within forty five days. There may be a little leeway here, but your attorney is the best suited to answer these questions.
You really should consult with your attorney. Cars are suppose to be returned within forty five days. There may be a little leeway here, but your... Read More

Do I continue to pay car payments after filing for Chapter 13 bankruptcy while waiting for the hearing?

Answered 11 years and 7 months ago by John F. Brennan (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Bankruptcy
Wait for your attorney to answer your question. If you think you are stressed out now, wait until you receive conflicting answers over the internet from attorneys who do not know the details.
Wait for your attorney to answer your question. If you think you are stressed out now, wait until you receive conflicting answers over the internet... Read More

Do I continue to pay car payments after filing for Chapter 13 bankruptcy while waiting for the hearing?

Answered 11 years and 7 months ago by Giovanni Orantes (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Bankruptcy
After you file for bankruptcy relief, you can usually hold on to the car until the car lender asks for it back, which often takes more than a month after filing. Be sure to keep the insurance policy paid while you have possession of the car though. When you file for bankruptcy relief, the first important thing that happens is that the "automatic stay" kicks in. What that does is prevent anyone from taking your property. Of course, they must know about the filing for them to obey the automatic stay. Presumably, the lender on the car was listed as part of the petition; however, sometimes you have to send a notice of the bankruptcy filing directly to the lender to prevent that they "accidentally" repossess your car while the stay protection is in effect.... Read More
After you file for bankruptcy relief, you can usually hold on to the car until the car lender asks for it back, which often takes more than a month... Read More

Which option is better for us as we would like to buy a home in the next couple of years?

Answered 11 years and 7 months ago by Richard N. Gonzales (Unclaimed Profile)   |   9 Answers   |  Legal Topics: Bankruptcy
Call a good mortgage broker.
Call a good mortgage broker.

Can we sell our house after a report of no distribution?

Answered 11 years and 8 months ago by Daniel T. Garner (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Bankruptcy
Since you have an attorney already, it is unlikely that another will want to give you any advice. Ordinarily, in your situation, you would not need to continue making mortgage payments. But you should ask your attorney to be sure.
Since you have an attorney already, it is unlikely that another will want to give you any advice. Ordinarily, in your situation, you would not need... Read More

Do we qualify for bankruptcy if the lawsuit was for a business we purchased and had to default on?

Answered 11 years and 8 months ago by John R. Ceci (Unclaimed Profile)   |   10 Answers   |  Legal Topics: Bankruptcy
I am not licensed to practice in either of those States. You should consult with a bankruptcy attorney where you live.
I am not licensed to practice in either of those States. You should consult with a bankruptcy attorney where you live.

My husband fixed the lawyer who is working on our bankruptcy case. Is this a conflict of interest?

Answered 11 years and 9 months ago by Joseph Francisco Botelho (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
The only reason this would be a conflict of interest is if your bankruptcy attorney still owes your husband money. If the job your husband performed for your attorney is over and has been paid in full, there should be no conflict in this matter. 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 More
The only reason this would be a conflict of interest is if your bankruptcy attorney still owes your husband money. If the job your husband performed... Read More

If my first bankruptcy has been discharged more than 8 years ago, can I file for a second bankruptcy?

Answered 11 years and 9 months ago by Nicholas Carlos Best (Unclaimed Profile)   |   17 Answers   |  Legal Topics: Bankruptcy
As long as you otherwise qualify. You could also file for Chapter 7 based on those dates.
As long as you otherwise qualify. You could also file for Chapter 7 based on those dates.
Yes you can in fact ch13 is every 4 years.
Yes you can in fact ch13 is every 4 years.
In NJ, yes you can do that, and still receive a discharge.
In NJ, yes you can do that, and still receive a discharge.

If my first bankruptcy has been discharged more than 8 years ago, can I file for a second bankruptcy?

Answered 11 years and 9 months ago by Atty. Deborah A. Stencel (Unclaimed Profile)   |   17 Answers   |  Legal Topics: Bankruptcy
It certainly sounds like you qualify. We cannot know for sure without checking the dates and disposition of the prior case, but the Bankruptcy Code specifies that the time between 13s to get a discharge is only 2 years. If you are talking about Chapter 7 to chapter 7, the timeframe is 8 years. 7 to 13 is 4 years and 13 to 7 is 6 years unless more than 70% of your debt was paid in the first, discharged case. In that case, no waiting period is necessary. It?s complicated. Consult with a lawyer and good luck.... Read More
It certainly sounds like you qualify. We cannot know for sure without checking the dates and disposition of the prior case, but the Bankruptcy Code... Read More

If my first bankruptcy has been discharged more than 8 years ago, can I file for a second bankruptcy?

Answered 11 years and 9 months ago by Jeremy B. Shephard (Unclaimed Profile)   |   17 Answers   |  Legal Topics: Bankruptcy
Yes. A chapter 13 can be filed 2 years after filing of the first Chapter 13. You are well past that time limit.
Yes. A chapter 13 can be filed 2 years after filing of the first Chapter 13. You are well past that time limit.

Can you put a pay day loan on chapter 7?

Answered 11 years and 9 months ago by William Rhymer (Unclaimed Profile)   |   18 Answers   |  Legal Topics: Bankruptcy
Yes. However if you gave them something for collateral you may have to still pay it or give them the collateral. It would be your choice.
Yes. However if you gave them something for collateral you may have to still pay it or give them the collateral. It would be your choice.
You must list all of your debts and debts that you are jointly liable for. If you list your husband's credit card that he used to buy something for the household and you are not a signer on the account then this debt will not be discharged. Also, if you are on the account only you will receive the discharge and the creditor can still pursue him.... Read More
You must list all of your debts and debts that you are jointly liable for. If you list your husband's credit card that he used to buy something for... Read More
Yes, you should include debt service payments your non-filing spouse makes for debts that are not being discharged. I just add a miscellaneous installment payment amount for "non-filing spouse debt payments," based on an estimate of his total monthly payments to all such debts. If the trustee wants more details, s/he can always ask for documentation but that has never been requested on any of my cases.... Read More
Yes, you should include debt service payments your non-filing spouse makes for debts that are not being discharged. I just add a miscellaneous... Read More