Nebraska Bankruptcy Legal Questions

Is it a joint case or did you file individually? You probably should seek an attorney to assist you - chapter 13 can be quite complicated, especially when circumstances change. Has your plan been confirmed yet? Are you receiving any financial support? Too many questions to be able to offer any sort of helpful answers here.... Read More

What you should do depends on a lot of things, such as the reason you filed Chapter 13 instead of Chapter 7, what your current goal is, whether your spouse is willing to continue to contribute to paying the plan, etc. I need details to answer a legal question of this nature and you should be consulting with a bankruptcy attorney to review your entire file before expecting to obtain advice.... Read More

There is insufficient information here to answer that question and what you seem to be seeking in asking it I think constitutes legal advice, something we are forbidden to offer over the internet. Most attorneys will offer a free consult. Go see at least one. Provide them information about your situation. A bankruptcy attorney might be able to help you save the home, but this depends on details such as why you are not able to afford the home: budget issues, income issues, other debts, loan modification issues or a combination of these. I am concerned that you state you were provided with court papers since most foreclosures in California are done non-judicially, maybe you mistook the documents as court papers. In either case, unfortunately what you say brings to mind more questions for you rather than an answer so take the time to see someone in an interactive way where you and the attorney gets to ask and answer some questions to come up with a plan for you to deal with this development.... Read More

Fines are generally not dischargeable, nor are orders for restitution upon conviction of a crime. Not clear what "fees" are. If they are legal fees for private counsel that have not yet been paid, they are probably dischargeable, but if they were for a court-appointed counsel, and the conviction order requires payment, they are probably not. You should consult with an experienced bankruptcy attorney, who can review your paperwork and give you a more specific answer.... Read More

If your case was dismissed- that means your case was not completed and your creditors can restart the collection process. If your case was discharged- then it is too late to file a reaffirmation agreement. You may just want to try to work out something if you want to keep the property. (Vehicle, furniture, etc.)... Read More

I assume you are stating that your case was "discharged" rather than dismissed. Once you are discharged you cannot reaffirm a debt. Most banks will accept mortgage payments on a loan that has not been reaffirmed and many will accept car loan payments that have not been reaffirmed. Besides those and other secured debt I see no good reason to make any payments on discharged debts. In order to go back and reaffirm debts which have been discharged you would have to open up your bankruptcy case and get permission of the court .... Read More

This may depend in part on the laws of your state, but in general a divorce court allocation of debts only affects the two parties to the divorce, not anyone else.  In other words, if you were liable for the house payments or other debts before you were divorced, you're still liable.  The only difference now is that you may have rights and remedies against your ex-wife for failing to pay. Additionally, of course, if the house payments are not made, the creditors secured by the house have a right to foreclose as well as possibly seek recovery for any deficiency after sale, but that really depends on the type of loan and the laws of your state. 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

There's no way to know without examining your bankruptcy petition, schedules, plan, order confirming your plan, and the Trustee's Ledger, as well as other documents filed in your case.  If you don't have an attorney, this would be a good time to hire 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

Yes, payday loans are dischargeable in bankruptcy as long as they were not incurred through fraud. 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

If you are unable to work out payment arrangements outside of bankruptcy, filing a Chapter 13 bankruptcy case will enable you to stop the garnishment and make monthly payments that you can afford (although $255 per month is pretty low already).   Student loans are not dischargeable in bankruptcy unless you can prove undue hardship, which is difficult to do.   Attorneys fees would run $5,000-$10,000 to litigate an undue hardship action.  If you can afford that, then doing a Chapter 7 case might be an option to consider. Regardless, you should have a consultation with an experienced bankruptcy attorney in your area for more information. 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

Most likely not. The city is not at fault for giving out the building permit...the owner is at fault for blocking the easement. An easement does not prevent the granting of a permit...it is up to the owner to act responsibly in which he/she didn't.? On top of that governments have immunity from many lawsuits and this sounds like one of those matters.? You should call a real property attorney to get a second opinion Sent from my Samsung Galaxy Note? II... Read More

Each chapter of bankruptcy has different costs associated with it.  Also, each attorney has different fees accompaning his counsel. You should consult a local bankruptcy attorney to determine the costs of filing.  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

Most likely, that is beyond any conceivable statute of limitations. But here's what you have to watch for.in Nevada, which is like most states, the statute is calculated from the date of last payment. So even if the contract is really old, like a mortgage, if you made a payment within the Statute period then they can collect. However, there was a big case in the ninth circuit where a credit refund for some reason was treated as a payment, and the collections agency thought it was a payment, and sued and then got sued and were found to have violated the FDCPA. So the devil is in the details, which is why I always recommend that a consumer law attorney be consulted. If there's a violation of the FDCPA present collections agencies almost never pay consumers directly, but they will pay a consumer law attorney if there's a violation. Best wishes to you.... Read More

In most jurisdictions, the Chapter 13 Plan confirmation orders prohibit the incurring of any new debt during the pendency of the Chapter 13 case (which is usually 36-60 months), above a certain amount.  That having been said, there's nothing specifically wrong with getting a credit card, if someone is willing to give one to you. You should check with a bankruptcy attorney in your area for more specifics. 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

A post-dated check is nothing more than a promissory note. It is not a crime in Nebraska to fail to pay. If you go into a store and get merchandise and give the merchant a NSF check, you could be prosecuted in Nebraska state courts because you received something of value and gave a check which was supposed to be good on that date. That is not what you did with a payday loan. You borrowed money from a lender at an incredibly high interest rate, issued a promise to pay and failed to pay. No crime was committed in Nebraska. The creditor may have a civil action on the promissory note, but there is no crime. If you file Chapter 7 Bankruptcy the debt will be discharged if it was not in anticipation of the filing.... Read More

The only way to get paid is to file a proof of claim with the court.  Depending on how the contract was structured, you may be able to have up to $2,600 of the amount owed to be a priority, meaning it will get paid before general unsecured creditors receive anything.  Of course, how much you ultimately get depends on the value of the corporation's (or individual--whoever filed the Chapter 7) assets and what the Trustee can sell them for, as well as what other debts must be paid ahead of yours (such as taxes, trustee's fees, etc. etc.). It all starts with filing your claim. 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

That depends on which chapter of bankruptcy you filed.  In a Chapter 7 case, you can borrow from anyone who will lend you money.  In a Chapter 13, you must get court approval to do so, after notice and motion to all creditors and the Chapter 13 Trustee.   In a Chapter 11, you can do it if it is for an ordinary business purpose (for YOUR business); otherwise court approval is necessary. 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