Mississippi Bankruptcy Legal Questions

You're depressed about something that hasn't happened yet.  The simple truth is that you won't know what you can or cannot rent until you try.   Yes, some landlords will not rent to you because of your credit, but some might.  My article on renting after bankruptcy might be of some assistance to you.  It's somewhat trickier in your case since you are still in an active Chapter 13 bankruptcy case and incurring a rental expense will likely alter your plan payment in your Chapter 13, which may or may not be an issue depending on what debts you have and how you have structured your plan.  You need to discuss this with your bankruptcy attorney. Always try; don't give up before trying.  Being defeated before attempting something has never succeeded historically. 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

It depends on the type of bills.  You should ask your bankruptcy attorney to tell you what bills need to be paid. 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

In a chapter 13 case, the attorney is paid through the bankruptcy estate.  This means that the attorney receives no up-front legal fees.  You should immediately contact a local bankruptcy attorney to determine if you qualify for bankruptcy protection, so that you can protect your assets from creditors.  Most bankruptcy attorneys offer free initial consultations to determine if you qualify for bankruptcy. 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 think you may be confused about the differences between chapter 13 bankruptcy and chapter 7 bankruptcy. The only reason you would put your home under a chapter 13 bankruptcy would be if you were behind payments and wanted to attempt to use chapter 13 bankruptcy to catch up on payments. But if you put the mortgage on your house and file chapter 13 bankruptcy, this will not lower your payments and it will not shorten the duration of the loan or take any amount off the mortgage; as the mortgage is secured by the collateral of your house. Bankruptcy court does not have the ability to discharge a mortgage and allow you to keep the collateral at the same time. If you wish to discharge the mortgage on your home your only option would be chapter 7 bankruptcy and of course you would lose the home.   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     Twitter Facebook Manta... Read More

Yes, if by "considered" you mean discharged.  Whether the vehicles are repossessed or not, you will be discharged from the debt owed against them (assuming you receive a discharge in whatever chapter you file). 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

Your question regarding GreenTree is a real estate question, not a bankruptcy law question, and should be directed to a real estate attorney.   That having been said, the right to foreclose on property is governed by state law, so if payments are not made on time, tney have the right to take whatever steps are required under that state's laws to foreclose. 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

Bankruptcy is an option you should explore.  Although with the facts you provided it doesn't look like it would do much to alter the payments on your mortgage, most bankruptcy attorneys offer free consults so you should at least explore the option with an attorney in your area to see what it can accomplish for you.  Mark J. Markus, Attorney at Law Handling 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

It will stop it at least temporarily.  Whether it is permanent or not depends on which chapter of bankruptcy you file, and whether the underlying tax obligation is dischargeable or not.  You don't provide any details on the tax, including the type of tax it is (or if it is even a tax), so it's difficult to respond further. Income taxes are dischargeable if all of the following prerequisites are met as of the date your bankruptcy case was filed: (1) it has been more than 3 years since the returns were last DUE (including extensions) to be filed, (2) the returns were timely filed or it has been at least 2 years since the returns were filed, (3) there was no fraud involved or attempts to evade the tax, AND, (4) the taxes were not assessed within the last 240 days. If the taxes are dischargeable then there would be no further garnishment on your disability after your case is completed, but they would retain their lien against any other assets you have that exist on the date your case is filed.  This can often be removed by agreement, but it really depends on the facts. Mark J. Markus, Attorney at Law Handling 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

This may depend on the laws of your state, but here in California, the filing of a bankruptcy case will terminate any installment agreements that are in effect.  The question in your case is whether or not you have any liability for your spouse's taxes, which in turn will depend on whether you file joint returns and whether your state is a community property state. Mark J. Markus, Attorney at Law Handling 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

After bankruptcy is filed there is no limitation about moving away. Usually a discharge is entered in a case in about 4 months after filing. You do not have to pay for debts that are being discharged in your case. You contact the clerk who has been assigned to your case by writing a letter to the bankruptcy court clerk's office. Send a copy to the trustee as well. If there still is a problem consult an attorney.... Read More

I'm not really sure what to tell you as it comes to the possible actions of the bankruptcy court, etc. I can better explain the process though.  Typically, if you want to purchase a new vehicle while in a Chapter 13 bankruptcy you have to get the court's permission. You do that through a motion to incur debt. You would have to show the courts how you can afford the vehicle and still make your monthly Chapter 13 payments.  Once you do this the court will submit an order granting your motion to incur debt. That order can be shown to car dealerships. That will typically suffice for evidence that the court has granted permission. Terry DuncanCharlotte Bankruptcy Attorney ... Read More

No, you do not have to pay taxes on any forgiveness of debt income, as that is excluded from income after a bankruptcy.  However, it may reduce certain tax attributes you may have, so you should file a Form 982 with the IRS.  If you have questions on this, you should discuss them with your accountant. Mark J. Markus, Attorney at Law Handling exclusively bankruptcy law cases in California since 1991. http://www.bklaw.com/ bankruptcy blog: http://bklaw.com/bankruptcy-blog/ Follow Me on Twitter:  @bklawr... Read More