Mississippi Bankruptcy Legal Questions

Have you considered having a consultation with a bankruptcy attorney in your area?  That would be the most effective way to obtain the information you seek and gain an understanding of your options and eligibility. See my article on what to look for when hiring a bankruptcy attorney for more assistance.  You can use lawyers.com to find an attorney in your area. Good luck.   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

Getting a mortgage with delinquent accounts will be difficult. I suggest you address your credit issue first. Initially, if you offer less than the full balance to resolve accounts, it will damage your credit. The more you pay, the more likely the creditor will report you "paid in full", "never late" and the like. This is up for negotiation. I would have to see the details of your accounts to give you accurate advice. But one bit of advice would be to contact a lawyer who specializes in debt settlement.... Read More

Please visit: http://www.martindale.com/Results.aspx?ft=1&frm=freesearch&afs=bankruptcy%20mississippi There are many resources available to search for attorneys.  This website is just one of many. 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

No, not necessarily. A Chapter 11 is a reorganization case. The Debtor is granted the right to assume or reject the lease post-petition for a period of time (which can be extended by court order). However, during the post-petition period the tenant must remain current with the post-petition rent, and if the Debtor assumes the lease, he/she/it will have to promptly cure the arrearage as part of the assumption process.... Read More

Very difficult to answer your question without knowing all the relevant facts.  First and foremost is which Chapter did you file?  And what do you mean by getting your house "out of bankruptcy"?   Assuming you filed a Chapter 13 case, you can dismiss your case at any time as long as you haven't committed fraud or done something in bad faith during your case.  Dismissing the case will remove all assets from the bankruptcy, but of course you also lose the protection of the automatic stay.  There's no way I can tell whether dismissal would be your best option or not.  There's a lot to consider. I highly recommend that you have a consultation with an experienced bankruptcy attorney in your area since there are lots of potential issues here whichever way you decide to go, and this is not the forum to be providing legal advice without knowing all the facts. 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

The reason you're having such a difficult time finding proof that you are not discharging your student loans is that there is no such thing.  Your university's financial aid department is asking you for something that doesn't exist.  You also can't provide proof to them that you didn't sue them or that King Tut is still alive. If they insist on something, provide them a copy of 11 U.S.C. 523(a)(8) which sets forth the exception to discharge of debts for student loans, and states the requirement that "undue hardship" be proven.   That particular subsection is not self-executing--in other words, you must bring a complaint determining the debt to be discharged (after proving undue hardship) in order for the student loans to be discharged.  Otherwise, they will not be discharged. While you're at it, you might want to have them read 11 U.S.C.525(c) which prohibits discrimination by a government unit in providing a grant or loan to someone merely because they filed a bankruptcy case.  I'm not sure if the financial aid you're seeking falls into that category, or if they are a non-government institution, but you might want to have a bankruptcy lawyer in your area look at this more closely if they deny you the financial aid. Good luck. 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

When you say you're "trying to file chapter 7" does that mean you are handling it yourself without an attorney?  If so, that's a bad idea.  Bankruptcy is complicated enough.  Analysis of tax discharge in bankruptcy leaves even most bankruptcy attorneys confused.   Payday loans and medical bills are easy to deal with. You need to have a consultation with an experienced bankruptcy attorney in your area who can go over your situation fully and advise you on your options and what the best plan of attack is for 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.   ... Read More

You should have a consultation with a bankruptcy attorney in your area.  Most attorneys offer free initial consultations and they can at least go over your situation with you and give you some idea of your options.  There is nowhere near enough information in your post to advise you, but assuming you don't have any non-exempt assets, you may not even need to file bankruptcy since you may be judgment-proof. 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 need to speak with a local consumer rights attorney.  There are various federal, local, and state consumer protection statutes that may protect your rights and a local consumer rights attorney will be able to determine which laws apply. 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 can file Chapter 7 again after 8 years have passed from the date your prior case was filed, assuming you received a discharge in your prior case.  If you did not receive a discharge in your prior case, there is no time limit on refiling.    You can file Chapter 13 (assuming you are otherwise eligible) after 4 years have passed. Mark J. Markus, Attorney at Law Handling exclusively bankruptcy law cases in California since 1991. http://www.bklaw.com/ Follow Me on Twitter:  @bklawr ... Read More

The costs associated with each chapter will vary.  Costs such as attorney's fees, pre and post-bankruptcy class, and court filing fees should be considered when choosing to file. You should consult a local bankruptcy attorney.  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

I DO NOT recommend that you attempt to complete your bankruptcy filing without an attorney. There are way too many things that can go wrong and your case will be dismissed... or worse.. you could be sanctioned by the judge for not following the rules. A secured lender has a lien on your property...usually your house or car, for example. Unsecured priority claims are debts which are generally non-dischargeable... such as taxes and child support payments. Everyone else is a non-priority, unsecured lender.... Read More

There are several possible reasons why the attorney may not be listed by the state bar.  One possible reason maybe that he/she is an out-of-state attorney with permission to participate in a specific case, solely.  Another answer maybe, that the attorney is practicing federal law, ie bankruptcy, and has permission to practice in that area only.  You should contact any attorney or state to determine the attorney's bar admission to be sure the attorney is not disbarred or not licensed. 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 should be both a court, court address and case number on the garnishment. Once you have these, contact that court and review the court file. If there really is no court file, bring the matter to the attention of the court. If there really is no case, you may also wish to contact the police with the garnishment paperwork you have.... Read More

The fact that your income has changes does not change the obligation you made when you took out the loan. If you are filing bankrutcy and the loan is unsecured, include the loan in the bankruptcy and it will be discharged. If the loan is secured, you will either have to pay or be willing to give up the property in which there is a security interest. It is unfortunate that your circumstances have changed but that does force the creditor to change the terms of the loan.... Read More

Refuse to pay until you are given information. If they sue you, the information would be available through the discovery process. If the information shows they did not act in a commercially reasonable manner, you may have a defense to any claim they have against you. That may be why they are refusing to give you any information.... Read More

Unfortunately, the creditor or debt collector has a right to be paid the amount that is owed. Can you make payment arrangements? If not, you might consider looking into 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.... Read More