Indiana Bankruptcy Legal Questions

In New Jersey, the courts and lawyers generally recommend that people do not sign those reaffirmation agreements. At least one Judge will not allow them to be filed, even if the borrower really wants to do it. In general, the potential disadvantages outweigh the potential benefits. IMHO, banks sometimes get resentful if a person does not sign and so in retaliation they play head games with their borrowers and sometimes act in other ways that seem to me to be petty. To answer your question, I think that banks approve or disapprove modification applications based on the bank's best interests and whether or not a person signed a reaffirmation agreement. Banks have obligations to their shareholders to maximize their profits. Also, according to some federal programs like HAMP a bank has to approve you for a modification if you meet the financial criteria. Whether or not you signed a Reaffirmation Agreement is certainly not one of the federal criteria.... Read More

Bankruptcy is a complicated area of law & not easily explained. A skilled bankruptcy attorney would need to discuss this matter with you in greater detail, & ask you many questions, before he/she could give you the proper legal advice you seek (& possibly a quote to represent you).? Schedule a consultation ASAP. Once the matter is resolved to your satisfaction, you'll be glad you paid the money to hire an attorney & properly protect your legal rights.... Read More

You need to check the court cases in your jurisdiction.  Most courts will find this type of refusal to be a violation of the automatic stay provisions of the Bankruptcy Code.  This of course assumes you have already filed a bankruptcy and listed the tuition fees as a debt. You need to hire a bankruptcy attorney in your area to analyze this further and see what remedies you have. 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 are trying to file a bankruptcy case pro se, my suggestion would be, don't. Look through the bankruptcy petition paperwork & you will find a notice from the bankruptcy court itself that states bankruptcy is a complicated area of law, & not easily explained. Sometimes a deduction for a 401k contribution is mandatory per the employer, sometimes not. That makes a difference in how it's dealt with on Sch. I. Also, if a deduction is being made as a repayment towards a 401k loan, that is a situation which is different still. A skilled bankruptcy attorney would need to discuss this matter with you in greater detail, & ask you many questions, before he/she could give you the proper legal advice (& possibly a quote to represent you) that you seek.... Read More

Great question, and I"m not completely sure of the answer since it may depend in part on laws in your state, but here are my thoughts. First, you gave them the check with a promise that there were sufficient funds in the account to honor the check.  Thus, if they deposit or cash the check, that probably would not be considered an attempt to collect which would violate the bankruptcy automatic stay.  But I have not researched this issue, so this is just off the top of my head. Second, in California at least, writing post dated checks is against the law, and there can be criminal sanctions awarded which would not be dischargeable in a bankruptcy case.  I don't know if that's the case where you are or not. This is a significant enough issue that you should have your bankruptcy attorney research the issue.  If they deposit the checks and they bounce, it could cause a lot of problems for you, including being put on "Chex Systems" which would prevent you from being able to open any new bank accounts. 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

That depends on how you were "denied" the Chapter 7.  Do you mean your case is dismissed because you were ineligible or someone filed a complaint objecting to your discharge because you committed perjury or fraud in filing the bankruptcy? Dismissals under 11 U.S.C. 707(b) do not preclude refiling at a later date if you were ineligible (meaning you had too much income, didn't "pass" the means test, etc.). If your discharge is denied, that's an entirely different matter.  In that instance you would not be precluded from filing another case in the future, but it would not cover any debts on which the discharge was denied. 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

Your options depend on which chapter of bankruptcy he files. You will have a priority claim in his bankruptcy case up to $2,600 for the deposit, which means IF assets are being distributed in a Chapter 7 case, you would get paid up to that amount before any junior creditors are paid.   In a Chapter 13 or Chapter 11 case, you would likely get paid that amount. Beyond the $2,600 you would have a general unsecured claim in his bankruptcy case and would share with any distributions made to that class. If you have evidence that he committed fraud in getting you to place your deposit on the property, you can seek to have the discharge of your debt denied by timely filing a Complaint in the bankruptcy case and litigating that issue through trial. Without knowing what assets he has or which bankruptcy chapter was filed, it's impossible to advise further.  I suggest consulting with a bankruptcy attorney in the location where the bankruptcy case is filed for further assistance. 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

There really isn't enough information to answer your questions.  Which bankruptcy chapter did you file?  Why did it take a year before your first meeting?  (I assume that you are referring to the meeting with the Trustee in your case if this was a Chapter 7 case, since it is very unsual to have the Judge get involved, but it is not clear from you facts).   In any event, assuming you filed a Chapter 7 case, if the tax refund you refer to was owed to you for a tax year prior to when you filed your bankruptcy case, then that belongs to the Trustee in your case unless you exempted it.   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.  You obviously do not have an attorney representing you.  You are now seeing one of the thousands of reasons why that was a bad idea.  I suggest having a consultation with an experienced bankruptcy attorney in your area who can get all the relevant facts from you and advise you on your options. 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.  CONTACT MARK for more information or to schedule an appointment.     ... Read More

anyone can SEEK to have a bankruptcy case reopened pursuant to 11 U.S.C. 350 "to administer assets, to accord relief to the debtor, or for other cause."  As you can see, this is fairly broad language.   Without more facts I can't really guess as to what basis she would have to seek to reopen your case. 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