Kentucky Bankruptcy Legal Questions

There are two main ways you can lose your home in a Chapter 7 case: 1.  You fail to make the required payments to the mortgage lender(s) or adhere to the terms of your Note and Deed of Trust.  (This, by the way, is the same regardless of whether or not you file bankruptcy) 2.  There is more equity in the property than you have exemptions under applicable law available to cover. If you are current with your mortgage payments, as you indicate you are, then #1 shouldn't be an issue. Without knowing the value of your property and amounts owed against it, as well as which state's exemption laws apply in your case, I can't tell you whether or not the Trustee would be interested in or able to sell your home in a Chapter 7 case. If you are unsure, you should have a 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

Your bankruptcy lawyer should've explained this process to you, but many do not. Bankruptcy only discharge is your legal obligation to pay a debt, it does not remove collateral obligations to a piece of property, unless a motion is filed in granted. As no motion was filed in this matter, we won't be discussing motions. But when you had your financial obligation to repay your mortgage discharged, this did not affect the collateral the bank has on your property. Meaning that the bank still must go through the entire foreclosure process. This does not mean that you'll have to pay all these fees, but it will take going back to bankruptcy court to deal with it. I would contact your bankruptcy lawyer and have him or her reopen the case, put these new fees and and argue that the new fees are part of the original mortgage that was discharged in the primary reason for initially filing your bankruptcy in the first place. Many judges will accept this argument as it is really part of the same debt. But be well aware that this is not an automatic thing and the judge need not accept the argument and you may spend all this money for nothing. You may want to figure out if paying off the debt would be better than taking the risk in paying an attorney to reopen the case and file said motions, the choice really is up to you. 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 Answer

In chapter 7 bankruptcy, if you cannot exempt an asset and is jointly owned by two people and one files bankruptcy, there is a danger to that property. But in most situations there are exemptions that will be used by your bankruptcy lawyer to protect those assets. If the joint asset we are discussing is a house and it has a mortgage, then they could not take that home in bankruptcy. In fact any property that is subject to a loan will not be touched in bankruptcy court, as you don't technically have title until the loan that is secured by the asset has been completely paid off. And most people situation their home is not paid off. If your home is paid off then the next protection you have will be your Homestead exemption, which most states have. In almost every state Homestead exemption is over $35,000, so your home would be safe from that. This does not mean that they cannot put a lien on your home, and you should file bankruptcy prior to a lean been attached to your real estate as this will not be removed in your basic bankruptcy petition. Even if you do have a lean by the bank there is something your bankruptcy attorney can do which is called filing a motion to avoid lien, which can be useful to strip lien such as this or even a second mortgage. Such answer your question joint property can be taken, but there are numbers of things and experienced bankruptcy attorney can do including using chapter 13 bankruptcy to protect your assets and still allow you to file for bankruptcy. 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... Read Answer

The Servicemen's Relief Act covers you as long as your in active duty. The reason for the act was to prevent banks from foreclosing on soldiers who are deployed, or are in service and locations other than where they reside. Thus once you receive a discharge and are no longer in the armed forces, the serviceman's relief act does not apply to you any longer. So to answer your question the foreclosure paperwork which start or be able to be started as soon as you receive your discharge or the time. Which is 20 days if you respond to the serviceman's relief act notice. Your best way to get more time into get rid of the liabilities of paying the deficiency between your mortgage and the auction sale would be to file a chapter 7 bankruptcy. This. A foreclosure proceedings and will discharge your debt and the liability to pay any deficiency between the mortgage and the foreclosure auction sale. Also after a bankruptcy discharge is received, the banks usually moves much slower in foreclosure proceedings thus you can remain in your house until house is foreclosed upon and the new owners or the banks take eviction proceedings to remove you from the property. 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... Read Answer

You can file for chapter 7 bankruptcy even though you're still living with your ex. They may want to consider the combined household income if you are sharing bills, if you are not and your ex is simply allowing you to live there for free, then you would simply fill out your bankruptcy petition stating that you don't pay rent. As long as she does not cover any expense such as food, pay any your bills or anything else that included under the bankruptcy petition, it should not matter that you still live with your ex. 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... Read Answer

I'm not sure who "they" is or which item you are referring to. Part of the answer to what I think you're asking depends on which bankruptcy chapter you file.  It also depends on the value of the assets in questions (your trailer and the underlying property you own) and what exemptions are available under applicable law to protect the value in those assets. You need to have a consultation with an experienced bankruptcy attorney in your area to determine your options, benefits and risks.  ... Read Answer

First of all, if your mother is in bankruptcy, she doesn't have to pay anything back. But as far as that letter goes, it sounds like the plaintiff is required to return money they are holding, most likely due to the bankruptcy.  This is not necessarily all the money they have taken. Of course the commonwealth of Kentucky didn't need to issue that order; bankruptcy law requires the same.    ... Read Answer

I'm not sure what you mean by an unemployment bill.  Do you mean you owe money to your state's unemployment agency for an overpayment?  If so, yes that is dischargeable in bankruptcy as long as the overpayment wasn't due to any fraud on your part (such as misrepresenting something that cause the overpayment). Creditors in bankruptcy, including the state unemployment agency, have the ability to object to the discharge of any debt if it meets one of the exceptions for discharge, such as fraud.  Such objections must be filed within a specific time period during the bankruptcy 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 Answer

Chapter 13 bankruptcy may be filed by a debtor who has "regular" income.  However, the term regular is not defined anywhere.  Thus, what is allowed will depend on the judges in your jurisdiction.  Most courts allow unemployment income, as well as contributions from third parties.   Even variable income, such as those who are self-employed, is allowed. You should check with a qualified bankruptcy attorney in your area for more specifics to your situation. 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

You're confusing several different concepts here.  With the exception noted below, title to property, including real estate, does not change when you file a bankruptcy case.    When you say "affirmation" I'm assuming you meant "reaffirmation."  Reaffirmation agreements take DEBTS outside the bankruptcy case and render them not discharged.  That has absolutely nothing to do with title to the property.  Moreover, there is no requirement that you do a reaffirmation agreement on a mortgage debt. When you file a Chapter 7 case, the bankruptcy trustee takes over ownership of all your assets until he/she either decides to sell the assets, or give them back to you.  If there was no equity in your property, then most likely the Trustee did not sell your property.   If the Trustee did not sell your property, then you still own it, unless of course the mortgage lender(s) foreclosed. Of course it's legal for the Bank to accept your payments on the mortgage.  That's the only way you can legally remain in the property without them selling it through foreclosure. I recently wrote an article on what happens to mortgage debts after bankruptcy; you may wish to read that for  more details on this issue. 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

Stop what?  You have an unsecured claim in her bankruptcy case.  If you have a basis to object to the discharge of her debt, such as the debt was incurred through fraud--and you can prove that--then you can file a complaint objecting to the discharge of the debt.  You will likely need an attorney for that, and it will likely cost around $5,000 or so to litigate.  There are specific deadlines for filing such an action (60 days following the initial date set for the meeting of creditors). If you have proof she lied on her bankruptcy papers, such as failing to disclose material assets, then that is separate grounds to object to her entire discharge, and you can probably get the Trustee to handle that, provided you have the evidence. Otherwise, you simply have an unsecured claim that will be discharged in her bankruptcy 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 Answer

YOUR bankruptcy lawyer is suing you?  That seems HIGHLY unlikely and doesn't make any sense based on your facts.  I assume you meant that the bankruptcy trustee in your case (who is NOT your attorney and does NOT represent you) is suing you, and yes that is completely appropriate if you did not exempt the possible proceeds from the medical claim you had. You may be able to exempt (protect) a portion of the proceeds depending on what exemptions you had available under applicable law on the date your case was filed.  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 need to HIRE an experienced bankruptcy attorney to review all the correct facts of your situation and advise you on your options, including representing you in the pending lawsuit by your Trustee.  And you need to do it immediately. If it is actually your bankruptcy attorney suing you, then you need to find a NEW attorney and probably file a complaint against your old attorney with your state bar. 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

Hire a new bankruptcy attorney and have them advise you on doing a modification of your plan. 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

This will depend in part on the laws of your state governing HOAs, but in most cases they will have a lien against your property and can recover from the property (to the extent there is equity) after the property is sold. You are not responsible for any amounts owed prior to filing your Chapter 7 case.  However, if you remained in the property, you are responsible for any dues that accrued after your bankruptcy case was filed and they can seek to collect from you for that portion as it was not discharged in your bankruptcy 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 Answer

There are too many different variables to answer the question of what will happen to specific assets, as it currently is asked.  It depends on numerous factual issues.   You should consult a local bankruptcy attorney because each state has unique exemption laws and a local attorney can determine what assets can be exempted.  Most bankruptcy attorneys offer a free initial consultations to determine if bankruptcy is appropriate. 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

There's no way to answer your question without knowing the equity in your home, the value of your other assets, and the exemptions that would be allowed 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.  You are allowed to continue paying on your home, but if there is equity above any allowed exemptions, the Trustee could sell it. You need to consult with an experienced bankruptcy attorney in your area for more details. 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

I don't understand your question.  Are you asking if you have to continue making your car payment, or are you asking if it is factored into your budget for eligibility purposes? If it is the former, you must continue making your car payment if you want to keep your car (assuming the creditor to whom you are making the payment has a properly perfected security interest pursuant to applicable state law). You may wish to resubmit your question with more facts and specificity. 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

You do not "lose" assets in a Chapter 13 case; you retain ownership and control of your assets.  However, in order to confirm your Plan, you must pay out to your creditors at least as much as they would get in a Chapter 7 liquidation, so the value/equity in your assets and the amount of exemptions available under applicable law to protected those assets, are critical factors to examine. You need to consult with an experienced bankruptcy attorney in your area for more details. 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

Sorry, but I'm not clear on your facts.  Are you asking whether the mortgage liens on your house are removable (avoidable) in a bankruptcy case?  Or are there other types of liens (such as a judgment lien) that are recorded against your property that you seek to remove?  And when you say "file bankruptcy on" do you mean get rid of the debts or get rid of the liens, or something else? If this is your principal residence, you can get rid of a junior mortgage (i.e. not the first mortgage) if the current value of the property is less than the total amount owed to the first mortgage.  This is known as lien-stripping of the mortgage and can be done in either a Chapter 13 or Chapter 11 case, but not presently in a Chapter 7. Bankruptcy will discharge the obligation you have on the loans regardless, but the liens will remain against the property.  What this means is that if you get your discharge in a bankruptcy case, and the property is at some point foreclosed on, you will not owe anything that's left over (any deficiency balance) after the sale. Your best course of action is to schedule a consultation with an experienced bankruptcy lawyer in your area for more details on your situation. 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

Withdrawals from what? And which income schedule are you referring to, schedule "I" or the Means Test?  They get completely different treatment.  Withdrawals from retirement accounts are generally considered income for purposes of the Means Test Form 22A.   Your question should really be posed to an experienced bankruptcy attorney in your area.  If you are trying to do this yourself, your question is a good indicator of why you should not. 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

Sure, but your income will be factored into the budget analysis in determining how much your husband has to pay in the Chapter 13.  Also, depending on the laws of your state, your assets may also need to be included in determining the repayment amounts (you wouldn't lose the assets, but their value and the amount of any exemptions available in your case does affect the required payment amounts). You should consult with a qualified bankruptcy lawyer in Kentucky for more details. 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

Yes, one of the advantages of filing a bankruptcy case is that it will stop any and all collections actions on debts owed prior to filing the bankruptcy case.  This, of course, includes garnishments. I suggest having a consultation with a bankruptcy attorney in your area for more details. 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

Your facts are a little confusing.  Did you file bankruptcy, or did your father?  If you filed bankruptcy, it doesn't make any sense that one of your creditors would file a lien on your father's house. If your father filed the bankruptcy, the question becomes is this lien the result of a judgment and, if so, when was the lien recorded--before or after the bankruptcy case was filed?   Another question is: which chapter was filed, and was a discharge entered? Depending on the answers to all of the above, your father may be able to "avoid" (remove) the lien against his home if it was a judicial lien and if it impairs an exemption to which he was entitled to on the date he filed his bankruptcy case.   This is a mathematical calculation that takes into account the value of the property, the amount of ALL liens and mortgages against it, and the exemptions available under applicable law. You state that you're concerned about the government taking over your father's stuff.  Does he also owe money to the government, such as the IRS?  I'm not sure how that factors into your question about a credit card creditor. 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