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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.

Am I now obligated to continue the payments, or may I just surrender the car without consequence?

Answered 12 years and a month ago by Eric C. Lewis (Unclaimed Profile)   |   13 Answers   |  Legal Topics: Bankruptcy
You can surrender your car to the bank and not be liable for any future payments. That is the relief afforded by the bankruptcy discharge.
You can surrender your car to the bank and not be liable for any future payments. That is the relief afforded by the bankruptcy discharge.

Who can help me to get a court order to continue our modification?

Answered 12 years and 4 months ago by attorney Stuart M. Nachbar   |   7 Answers   |  Legal Topics: Bankruptcy
Not sure what the problem is so difficult to give assistance, but your counsel should be assisting you.
Not sure what the problem is so difficult to give assistance, but your counsel should be assisting you.

If i had filed for bankruptcy and it had cleared the court on a debt and they are still coming after me what can i do?

Answered 12 years and 4 months ago by attorney Bankruptcy Attorney Mark J Markus   |   1 Answer   |  Legal Topics: Bankruptcy
If a debt was discharged in your bankruptcy case and that creditor is still trying to collect, then they are violating the post discharge injunction of 11 U.S.C. 524. You should have your attorney write them a strong letter demanding they cease and desist.  If that doesn't work, your next step is to seek to reopen your bankruptcy case to seek a contempt of court sanction against the creditor.  ... Read More
If a debt was discharged in your bankruptcy case and that creditor is still trying to collect, then they are violating the post discharge injunction... Read More

Can I borrow from my 401k to pay for attorney fees?

Answered 12 years and 5 months ago by William Rhymer (Unclaimed Profile)   |   10 Answers   |  Legal Topics: Bankruptcy
It would be better to just withdraw it, if possible. However you can borrow the money from your 401 K but you would still owe it when you finished your Chapter 7. (There are special rules about 401Ks.)
It would be better to just withdraw it, if possible. However you can borrow the money from your 401 K but you would still owe it when you finished... Read More

Do creditors get paid in Chapter 7?

Answered 12 years and 5 months ago by William M Stoddard (Unclaimed Profile)   |   17 Answers   |  Legal Topics: Bankruptcy
No if the creditors are unsecured.
No if the creditors are unsecured.

How do I go about getting reimbursement from wage garnishment?

Answered 12 years and 6 months ago by Eric C. Lewis (Unclaimed Profile)   |   9 Answers   |  Legal Topics: Bankruptcy
Absent an agreement the money is yours. But if the lawyer did work in recovering the funds you of course agree that he does deserve some compensation.
Absent an agreement the money is yours. But if the lawyer did work in recovering the funds you of course agree that he does deserve some... Read More

Can there be a joint debt and one party filing for chapter 13?

Answered 12 years and 6 months ago by Deborah F. Bowinski (Unclaimed Profile)   |   11 Answers   |  Legal Topics: Bankruptcy
Of course. However, the non-filing borrower (or cosigner) will remain obligated on the account. The Automatic Stay remains in effect for the duration of the chapter 13 plan as to the co-borrower unless the creditor seeks and obtains Relief from the Stay, but once the chapter 13 case is finished the creditor will be free to pursue collection from the party who did not file for bankruptcy.... Read More
Of course. However, the non-filing borrower (or cosigner) will remain obligated on the account. The Automatic Stay remains in effect for the duration... Read More

Can I claim my on going medical bills on bankruptcy?

Answered 12 years and 6 months ago by Jason Thomas Olivier (Unclaimed Profile)   |   14 Answers   |  Legal Topics: Bankruptcy
The date of filing is the magic moment. Any bills incurred after that date cannot be added to the bankruptcy.
The date of filing is the magic moment. Any bills incurred after that date cannot be added to the bankruptcy.

Is an attorney whom I already paid close my case and consider his services rendered?

Answered 12 years and 7 months ago by Thomas Corcoran Phipps (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Bankruptcy
You need to go talk the to the court clerk or check your case online. You are responsible for knowing what is going on in your case.
You need to go talk the to the court clerk or check your case online. You are responsible for knowing what is going on in your case.

Is there any advantage to reaffirming my mortgage after a chapter 7 bankruptcy?

Answered 12 years and 7 months ago by Thomas Corcoran Phipps (Unclaimed Profile)   |   12 Answers   |  Legal Topics: Bankruptcy
Yes. If you want to keep the house, the mortgage company will probably require you to enter into the reaffirmation agreement.
Yes. If you want to keep the house, the mortgage company will probably require you to enter into the reaffirmation agreement.

Can you get evicted from your house that you are renting while you are in the process of bankruptcy?

Answered 12 years and 7 months ago by attorney Stuart M. Nachbar   |   13 Answers   |  Legal Topics: Bankruptcy
Only if you have been served and the Court has heard a Motion to Vacate Stay and the Court granted same, and then the State Court evicted you.
Only if you have been served and the Court has heard a Motion to Vacate Stay and the Court granted same, and then the State Court evicted you.

Can you get evicted from your house that you are renting while you are in the process of bankruptcy?

Answered 12 years and 7 months ago by Sanford M. Martin (Unclaimed Profile)   |   13 Answers   |  Legal Topics: Bankruptcy
Depending on the terms of the lease, you can be evicted from a house if you are not complying with its terms. The objective of bankruptcy is to discharge debts, but it doesn't change the terms of the lease for eviction. If you are behind in your payments, yes you can be evicted. Suggest you read the lease.... Read More
Depending on the terms of the lease, you can be evicted from a house if you are not complying with its terms. The objective of bankruptcy is to... Read More

Can you get evicted from your house that you are renting while you are in the process of bankruptcy?

Answered 12 years and 7 months ago by John F. Brennan (Unclaimed Profile)   |   13 Answers   |  Legal Topics: Bankruptcy
Only if you do not pay the rent.
Only if you do not pay the rent.

Can my husband file bankruptcy if he got into a car accident back in 2004?

Answered 12 years and 7 months ago by Thomas Corcoran Phipps (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Bankruptcy
Yes. He can file a chapter 7 bankruptcy and discharges the debt and any other unsecured debts. He will have to meet the qualifications to file a chapter 7.
Yes. He can file a chapter 7 bankruptcy and discharges the debt and any other unsecured debts. He will have to meet the qualifications to file a... Read More

How do I file bankruptcy and how much will it cost?

Answered 12 years and 8 months ago by Thomas Corcoran Phipps (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Bankruptcy
You will need to fill out all of the schedules and take a pre-filing consumer credit counseling course. You will pay $306 filing fee, the cost of the pre and post-filing course, around $50 and the attorney fee. Attorney fees can range fro $700 to $1,500.
You will need to fill out all of the schedules and take a pre-filing consumer credit counseling course. You will pay $306 filing fee, the cost of the... Read More

My discharge in bankruptcy was November of 2011, if there is any overpayment do I need to pay this?

Answered 12 years and 8 months ago by Thomas Corcoran Phipps (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Bankruptcy
The unemployment division will tell you what you need to do.
The unemployment division will tell you what you need to do.

Can I file a chapter 13 to save my home?

Answered 12 years and 8 months ago by Ms. Diane L Drain (Unclaimed Profile)   |   9 Answers   |  Legal Topics: Bankruptcy
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.
Please understand that bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take... Read More

If a creditor has garnished my bank accounts, can I file bankruptcy?

Answered 12 years and 8 months ago by William Rhymer (Unclaimed Profile)   |   13 Answers   |  Legal Topics: Bankruptcy
A bankruptcy will stop a bank garnishment. You need to see a bankruptcy lawyer as soon as possible.
A bankruptcy will stop a bank garnishment. You need to see a bankruptcy lawyer as soon as possible.

If I file bankruptcy, can I maintain possession of my home?

Answered 12 years and 8 months ago by Ms. Susan Green Taylor (Unclaimed Profile)   |   10 Answers   |  Legal Topics: Bankruptcy
Yes, secured debt such as your mortgage will go through bankruptcy unaffected you will need to keep paying for it to keep it. And discuss with your attorney the aspects of reaffirming that debt.
Yes, secured debt such as your mortgage will go through bankruptcy unaffected you will need to keep paying for it to keep it. And discuss with your... Read More

If you file bankruptcy on something that was taken from you, do you get it back once you file your paperwork and get your case #?

Answered 12 years and 8 months ago by Thomas Corcoran Phipps (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Bankruptcy
No If something was repossessed for not making the payments, a bankruptcy will not get the property back for you. It will wipe out the debt.
No If something was repossessed for not making the payments, a bankruptcy will not get the property back for you. It will wipe out the debt.

My chapter 13 was dismissed for non-payment. Can I refile?

Answered 12 years and 9 months ago by Ms. Diane L Drain (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Bankruptcy
Perhaps, but it might be better to reopen. If you have an attorney - talk to them. Otherwise please understand that bankruptcy is a very complicated process.
Perhaps, but it might be better to reopen. If you have an attorney - talk to them. Otherwise please understand that bankruptcy is a very... Read More

My chapter 13 was dismissed for non-payment. Can I refile?

Answered 12 years and 9 months ago by Mr. Daniel J. Winter (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Bankruptcy
Generally, yes, you can re-file. But, there are restrictions on the amount of protection you can get. The restrictions depend on when your last case was dismissed, and when you re-file the case. You would need to prove that something changed, and you can now afford to make the payments. It is extremely important that you contact an experienced bankruptcy attorney to help you, because if it is not done right, the case will fail and you won't be protected.... Read More
Generally, yes, you can re-file. But, there are restrictions on the amount of protection you can get. The restrictions depend on when your last... Read More

When do I send the refund?

Answered 12 years and 9 months ago by Ms. Diane L Drain (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Bankruptcy
You paid them to help you through this process. If they refuse then file a complaint with either the State Bar or the State Supreme Court.
You paid them to help you through this process. If they refuse then file a complaint with either the State Bar or the State Supreme Court.

How long do you have to wait to file bankruptcy again?

Answered 12 years and 9 months ago by Benjamin Echols (Unclaimed Profile)   |   12 Answers   |  Legal Topics: Bankruptcy
That would be eight years.
That would be eight years.

Is bankruptcy my only option?

Answered 12 years and 9 months ago by Benjamin Echols (Unclaimed Profile)   |   11 Answers   |  Legal Topics: Bankruptcy
Talk with a good bankruptcy layer about a chapter 7 bankruptcy.
Talk with a good bankruptcy layer about a chapter 7 bankruptcy.
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