Maryland Bankruptcy Legal Questions

If you wish to sell your house while your chapter 7 case is still open, you must obtain authority from the Chapter 7 Trustee to do so.  If your case has already been closed, and the Trustee did not sell your house, then you are free to do with it whatever you wish. The Discharge has nothing to do with your options.  The key is whether your case has been closed or 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 More

Posting a letter to a judge in a public forum is not the solution to your problem (nor would sending the letter to the actual judge). You need to hire a bankruptcy attorney.  Plain and simple.  That's what we are for.  If you decide to represent yourself, then you are responsible for knowing ALL the laws, rules and regulations and how to remedy problems when they arise.   There are federal bankruptcy rules, and then local bankruptcy rules specific to your jurisdiction.  You need to comply with everything in order for your case to have a chance of being successful. 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

First, make sure that you filed your financial management course certificate. Second, the 60 days is only a hard deadline for someone to object to your discharge or the dischargeability of any particular debt. The court may enter the discharge order any time after the 60 days passes. Be patient.... Read More

Whether you would lose assets in a bankruptcy depends on the following: 1. Which bankruptcy chapter you file 2.  The value of your assets 3.  The exemptions available in your case to protect your assets In Chapter 7 you could lose any assets that are not exempt. In Chapter 13 you would have to pay out to your creditors at least as much as they would get in a Chapter 7, but you wouldn't "lose" any of your assets. I didn't see any questions regarding your landlord. If you are asking questions like this, you definitely need an attorney. 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

Are you being sued for amounts owed prior to your bankruptcy case being filed, or amounts that accrued after?  Are you still living in the property?  If not, when you left did you inform the HOA and provide them your keys? The answer to your question depends on the above, as well as the laws regarding homeowners' associations in your state.  You are clearly not liable for any dues that accrued prior to filing your bankruptcy case, but you may be liable (depending on your answers to the above) for those that accrued after, as long as you are still on title to the property and enjoying use of the common areas, etc.  If your bankruptcy attorney is not giving you a sufficient answer, try hiring a different one. 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

One spouse can file bankruptcy by herself.  In the means test which reviews the debtor's previous 6 month's gross income, she will state she is filing individually, but married and living together.  The petition will reflect your income as part of the household income and your expenses.  It may be that the total household income could preclude her filing a chapter 7.  In that event, her only bankruptcy recourse is a chapter 13 in which she makes plan payments.  The amount is determined by the means test and the actual disposable household income.      ... Read More

If you're asking whether you are eligible to file bankruptcy, the answer is that most likely you are eligible to file under some bankruptcy chapter. If you're asking whether it is in your best interest to file a bankruptcy, that can only be determined after a comprehensive consult 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 More

You have just described a frequent problem that exposes the significant issues surrounding a failure to properly plan for a bankruptcy case. If the sale took place before you filed bankruptcy, then you were discharged from any deficiency you might have owed (although since it was a short sale, there shouldn't have been any deficiency). If the debt was cancelled (leading to the 1099 you received) by virtue of the sale, as opposed to due to discharge in bankruptcy, then it is NOT excluded from your income on the basis of the bankruptcy discharge.  However, it may be excluded if you were insolvent at the time of the cancellation.  This is a determination your accountant can assist you with. Either way you should definitely file a Form 982. If you had filed your bankruptcy BEFORE the short sale, this would not be an issue, but since the short sale took place before you filed your bankruptcy, but in the same tax year as you received your discharge, I'm uncertain as to the result.    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

I don't know what "personal bankruptcy rules" are or what you mean by "claim this debt", but if you're asking whether or not a debt owed on a repossessed vehicle is dischargeable in a bankruptcy case, the answer is yes. 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 question as stated doesn't really make any sense.  Chapter 13 allows for a repayment of your debts.  The percentage to be repaid depends on your budget, the value of your assets and other considerations.  Unsecured creditors can be paid anywhere from 0-100% depending on the above.   Secured debts must always be paid in full unless you are "stripping down" pursuant to 11 USC 506 when the value of the collateral is less than the amount owed to the creditor. You can also use a Chapter 13 to catch up on past due amounts on secured debts. You need to have a consultation with a bankruptcy attorney in your area to get a fuller answer. 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

A chapter 7 bankruptcy can not remove the secured interest on mortgage hold on a home, even if the debt is discharged, the mortgage is still secured by the collateral of the home itself. So even if you see that your second mortgage has been discharged and removed from your credit report, the bank can still use that mortgage to foreclose on your property. If you're planning on keeping your home you will need to sign reaffirmation agreements for Both your first and second mortgage.   I have responded to your inquiry according to the laws of Massachusetts, where I practice. 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 & ASSOCIATES, LLC Attorneys At Law   www.massachusettslawyeronline.com 126 Shove Street Unit 202 Fall River, MA 02724 Office:  888-269-0688 Cell:     508-801-6747 FAX:    877-475-8147... Read More

I'm not sure what you mean by "just claim bankruptcy on" credit cards.  In any bankruptcy case you must list all your assets and all your debts.  An intentional failure to do so is grounds for denial of your discharge, as well as possible criminal sanctions. If you're asking whether you would lose any assets, such as your home and truck, that is an entirely separate issue and depends on their value/equity and what exemptions are available under applicable law to protect them. You need to consult with an experienced bankruptcy attorney in your are 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.  CONTACT MARK for more information or to schedule an appointment.   ... Read More

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.  As to the question concerning inclusion of debts, you can choose what debts you intend to have discharged, and can "reaffirm" other debts, but you must list all your possessions as assets in the bankruptcy case. 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 More

You should consult a local bankruptcy attorney.  Most bankruptcy attorneys offer a free initial consultations to determine if you qualify for bankruptcy, and 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 More

There are several costs associated with filing for chapter 7 bankruptcy.  The court filing fee is $306. There are costs associated with the pre and post petition classes.  These class cost fluctuate depending on the provider.  Lastly, the attorney will charge a fee, which depends on the individual attorney. You should consider consulting a local bankruptcy attorney.  Most bankruptcy attorneys offer a free initial consultations to determine if you qualify for bankruptcy, and 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 More

There are too many different variables to answer whether you should file for bankruptcy protection.   You should consult a local bankruptcy attorney.  Most bankruptcy attorneys offer a free initial consultations to determine if you qualify for bankruptcy, and 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 More

You cannot file for Chapter 7 bankruptcy protection for 8 years after the date of the previous filing.  You may, however, file for Chapter 13 bankruptcy protection, assuming you qualify.  If you are considering filing for bankruptcy, you should consult a local bankruptcy attorney to determine if bankruptcy is an appropriate path to pursue. 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 More

Please see: http://www.uscourts.gov/FormsAndFees/Fees.aspx   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 More

Maryland only has one bankruptcy district, which has two divisions.  Make sure that you file in the appropriate division.  The filing fee is $306.00 and must be paid by money order made payable to "Clerk, U.S. Bankruptcy Court" when you submit your signature pages and additional requirements to complete your filing.  I hope you found this answer useful.  ... Read More

Sure sounds like you qualify for bankruptcy, most likely a Chapter 7, but the only way to find out is to have a consultation with a bankruptcy attorney in your area who can go over your situation in detail and advise you on your options. 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 More

You should contact a local bankruptcy attorney to discuss your situation.  You have the option to file for Chapter 13 bankruptcy, and continue to pay down your credit card debt over a three to five year period without the risk of losing your home.  However, you may also be eligible for Chapter 7 bankruptcy and capable of discharging the credit card debt without losing the home.  A skilled bankruptcy attorney can help you determine which chapter would be 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 More

I'm not sure what you mean by "signed away".   In order to take title, a bank must foreclose on the property, unless you give them a deed in lieu of foreclosure (which you cannot do while in a bankruptcy case).  In order for the bank to foreclose while you are in a bankruptcy case they must first obtain permission to foreclose from the bankruptcy court, and then take whatever steps are required under your state's laws to foreclose. None of the above guarantees that the bank will foreclose--in fact, in many cases over the past couple of years, banks have just let the properties sit, in which case liability for things such as HOA dues and premises liability remain the responsibility of the debtor/owner.  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 More

That depends on which bankruptcy chapter you are filing.  If you're talking about a Chapter 7 case, you can voluntarily repay any debts you want.   The debt will be discharged in the bankruptcy, but you can still repay it.  Nobody in the history of mankind has stopped someone from repaying a debt.   In a Chapter 13 it's a bit problematic since you are by definition paying all your disposable income into the Plan so you shouldn't have additional funds to pay more to one creditor than another during the pendency of the case.  However, after your case is over, you are free to pay anyone you want. Mark J. Markus, Attorney at LawCertified Bankruptcy Law Specialist--State Bar of CaliforniaHandling 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 More