Maryland Bankruptcy Legal Questions

His income will not be considered for what is called the "Means Test" and will not effect your filing staus as far as your eligibility goes for you are not married.  However, if his extra income effects any of the catagories of expenses you list in Schedule J, it could.   For instance, if he were to pay more to your portion of the rent (which I presume you currently split), or if he were to pay any other expsenes on your behalf, it would lower the amount you claim you pay for that expense and, consequentlly, change your income to debt ratio.  If his new contributions changes the numbers so much that you are now solvent, that is, having an excess of income at the end of the month after you paying for your listed expenses, you will no longer be elegible to file a Chapter 7 bankruptcy, presuing that is the chapter you are filing under.... Read More

Nowhere near enough information to answer your question.  Are these for tax years prior to filing your bankruptcy case?  Did you file the returns after your bankruptcy case is filed or before?  If before, how long before?   Most likely you will be required to amend your plan to accommodate payment of the taxes.   Your attorney can advise you on what is required.... Read More

There nowhere near enough information to advise you or answer your question.   Which bankruptcy chapter did you file before?  Did you receive a discharge? What do you mean "the house was not on" your prior bankruptcy case?  Failure to list assets is bankruptcy fraud which is a jailable offense.   You might be able to file a Chapter 13 case now to deal with any arrearages to the foreclosing lender and try to keep your house. Bottom line is that you need to consult with an experienced bankruptcy attorney in your area.  Preferably one that just does bankruptcy--not short sales.... Read More

Yes, you can file bankruptcy assuming you are eligible to file under one of the bankruptcy chapters.  However, I think the question you meant to ask was whether or not the restitution debt is dischargeable in a bankruptcy case. If the restitution was ordered as part of a criminal case, then it is not dischargeable.    ... Read More

Technically you never need a lawyer for any type of legal proceeding. But especially in bankruptcy law and foreclosure law it is always extremely advisable to have a lawyer. Even for legal matters that I am involved in, I always get my own attorney. Although it's easier for me I simply walk down the hall and had my file 20 attorneys at work for may, but the theory is still the same. There is an old saying which is very true: "an attorney who represents himself, has a fool for a client". If that is true for an attorney, then it is certainly true for someone who does not practice law. 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

You must file your bankruptcy in this state that you have lived in for at least the last 180 days. Meaning if you lived in one state and then moved to another state, but did not live in the new state for hundred and 80 days, then you would be filing in the state you previously lived in. Or you could simply wait 180 days in file in your new state of residence. 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

It sounds like you are in that group of citizens who are not so destitute as to qualify for state-paid indigent legal services but who do not have the resources to pay a lawyer to help them. Some states have recognized this delimma and established a non-profit, volunteer lawyer group to assist low-income working persons. Call your state bar association and ask them if there is such an organization in your state and how you can get in touch with them to see if you qualify for their free services.  ... Read More

Credit unions are typically cross collateralized on their loans, so it is possible that your credit card is debt is secured by your vehicle.  All that really means, however, is that you would need to enter into a reaffirmation agreement (assuming you file a Chapter 7 case). What this does is take the vehicle out of the bankruptcy and obligate you to pay what is owed on it.  As long as you do that and stay current on the payments, then they cannot repossess the vehicle.  Of course, if you default on the payments, then you will owe the full balance and they can repossess.  So you need to decide how badly you want to keep this particular vehicle.  ... Read More

If your landlord attempted to evict you after your bankruptcy case was filed, without first obtaining permission from the bankruptcy court, then they violated the automatic stay.  You can file a Motion with the bankruptcy court to recover costs/damages against them for doing that.   That aside, you are required to make all rent payments on time each month after your bankruptcy case is filed (assuming you are catching up on the pre-bankruptcy past due amounts through your Chapter Plan).  Failure to stay current with payments is grounds for them to obtain relief from the automatic stay to evict you. 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

It depends under what code section your case was dismissed.  If it was anything other than 11 U.S.C. 707(b), then if you file another case within one year from the date of dismissal of the prior case, you will only have the benefit of the automatic stay in the new case for 30 days, unless you get the bankruptcy judge--within that first 30 days--to extend it (which is not that easy to do). Make sure you hire a very experienced bankruptcy attorney to assist you with the next 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

That depends on which chapter of bankruptcy you filed and whether there are any objections or other factors that delay discharge. In a typical CHapter 7 no asset case, your discharge should be entered within a few weeks after 60 days have passed since the initial date set for the meeting with your Trustee.  That date is set forth on the notice of commencement of case sent out to you at the beginning of 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