Pennsylvania Bankruptcy Legal Questions

First of all, I'm not sure what you mean by "clear" a chapter 7 bankruptcy.   Assuming you mean "discharge your debts", you cannot file and receive your discharge in the same month, so your facts are impossible. If you filed a Chapter 7 case in June 2005, and ultimately received a discharge, you can file a Chapter 13 case now, or another Chapter 7 case after June of 2013 (assuming you are otherwise eligible for either of those chapters). 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 Answer

Yes, anyone can file bankruptcy if they meet the eligibility requirements for a particular chapter.  To determine what you are eligible for, you need to have a consultation with a bankruptcy attorney in your area. Mark 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 Answer

Most unsecured debts are dischargeable in a bankruptcy case.    There are, however, exceptions. The following debts are SOME of those not dischargeable in a bankruptcy case: 1. Debts incurred by fraud or false pretenses;2. Debts incurred by a false statement in writing (such as false credit application)3. Debts incurred by embezzlement or larceny;4. Spousal support or child support obligations5. Debts incurred by willful AND malicious injury6. Debts resulting from death or personal injury by debtor operating a motor vehicle while intoxicated. 7. Criminal fines and restitution. 8. Marital Equalization obligations (Ch. 7 only--these may be discharged in a Ch. 13). 9. Income taxes for tax years less than 3 years ago 10. Fines and penalties owed to a governmental unit.11. Student Loans (unless you can prove "undue hardship" A "personal loan" is simply an unsecured debt like any other debt.  Unless the debt was incurred through fraud or one of the other listed elements above, it would most likely be dischargeable. The only way to be sure is to have a consultation with an experienced 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 Answer

There are too many different variables to answer that question.  It depends on your state's exemption law,  and who the creditors are.  There are some situations in a chapter 7 case where the debtor can keep the home.  Typically, individuals looking to keep large and valuable assets look to file chapter 13. The costs associated with filing a chapter 7 case is $306 for the court costs.  There are other costs associated with filing that will fluctuate, such as the pre and post-filing classes and attorney's fees.  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 Answer

Sure, as long as you can qualify for a loan.  Lenders use many different factors as criteria in making a home loan, including your credit score, job status and other factors.   While your chapter 13 bankruptcy case may still be on your credit report, it will fall off the report after 10 years from the date it was filed, and since it was dismissed, it shouldn't impact your credit score that much anyway. 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 Answer

Whether you lose your house, or any assets, in a bankruptcy case depends on a number of factors. Among these factors are: 1. Which chapter you file.  In Chapter 13 you do not lose any assets, but you must pay out at least as much as your creditors would receive in a Chapter 7 case. 2.  The value of your house and amount of liens against it. 3.  What exemptions you have available to protect your assets under applicable law. Exemptions are "protections" for value you have in certain assets such that they are "exempt" from collections.  Every state has different exemptions amounts available. Exemption laws are based on the state where you resided for the 2 years prior to filing your bankruptcy case or, if you lived in more than 1 state during that period, in the state where you resided for the greater part of the 180 days prior to that 2 year period. You need to consult with an experienced bankruptcy attorney in your area for more specifics. 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 Answer

Credit counseling certificates do not postpone sheriff's sales, at least not here in California.  Filing a bankruptcy would stop any sale, by virtue of the automatic stay which goes into effect when the case is filed. A credit counseling certificate is required to be filed with the bankruptcy petition in order to commence the case. 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 Answer

If your plan and/or the Order confirming it requires you to pay your tax refunds to the Trustee, then you either must do so, or file a motion to modify your plan.   I don't have sufficient information about your plan terms or other bankruptcy -related information to advise further.  You need to consult with a bankruptcy attorney in your area. 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 Answer

Yes, your father law was correct that bankruptcy court under chapter 7 would've gone all after the hundred thousand dollars and even in a chapter 13 considering you had almost the amount to pay off the debts they would've required you to use that disposable income so he is correct that bankruptcy court would've took the money. Although I don't understand how the money could be for three children when the beneficiary was not the children or the mother of the children or a trust fund for the children. If the children would have been made the beneficiary then the bankruptcy court would not have been able to touch the money and you simply could've converted to a chapter 7 and had all the debts discharged. 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, LLCAttorneys At Law www.massachusettslawyeronline.com 126 Shove Street Unit 202 Fall River, MA 02724 Office: 888-269-0688Cell: 508-801-6747FAX: 877-475-8147 Twitter Facebook Manta  ... Read Answer

You should contact your chapter 13 bankruptcy attorney that filed your petition and drafted your repayment plan. The mortgage company must follow all stipulations set by the bankruptcy court and the repayment plan that was accepted by the bankruptcy court. If they have deviated from this and are charging you additional fees than they would be in violation of the US bankruptcy code. Your best bet would be to contact your bankruptcy attorney and have them handle it. If you did not have a bankruptcy attorney Sarah may have been a problem or mistake with what you filed and what is happening to you may actually be right and unjustifiable see placed on you by the bank. 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, LLCAttorneys At Law www.massachusettslawyeronline.com 126 Shove Street Unit 202 Fall River, MA 02724 Office: 888-269-0688Cell: 508-801-6747FAX: 877-475-8147 Twitter Facebook Manta  ... Read Answer

it's definitely unethical and something that should have been reported to your state bar association, but the bigger question is whether it is dischargeable in bankruptcy.  Did you file a complaint objecting to discharge in his first bankruptcy case?  If you can prove he never intended to repay the debt, or that he breached a fiduciary duty to you by borrowing the money, you should be able to have the debt declared non-dischargeable.  Doing so requires you to file a complaint by the deadlines set by the court (usually within 60 days of the initial creditor's meeting date).   You don't indicate which Chapter he has presently filed so it's hard to guess at what if anything you will receive through the bankruptcy. My suggestion is to hire a competent bankruptcy attorney in your area to fully analyze your options.   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 Answer

You can file for Chapter 7 bankruptcy protection immediately or you must wait 6 years depending on the amount of debt repaid to the creditors. See: http://thismatter.com/money/credit/bankruptcy/discharge.htm 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 Answer

That is a complete myth and really doesn't make any sense.  Bankruptcy can be filed at any time, assuming you are otherwise eligible for relief under whichever chapter is filed.   There is no minimum amount of debt, but Chapter 13 does have limits on the total amount of debt one can have (presently $360,475 for unsecured debt and $1,081,400 for secured debt). 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 Answer

You definitely have to list the transfer on the Statement of Financial Affairs.  Whether returning the money eliminates any other problems really depends on the laws in your part of the country, and I'm not sure how they treat that.  For $1,500 I wouldn't be too worried about it.  If you have sufficient exemptions under applicable law to protect that $1,500 (and you list it on Schedule "B") you might prevent the Trustee from going after your brother/sister-in-law for the $1,500.  It's not clear from your facts that they actually "returned the money, as it sounds like they made a new loan, or gift to you, after you repaid the original loan.  I don't think whose name is on the payment instrument will make that much of a difference. I highly suggest you at least consult with a bankruptcy attorney in your area for more specifics on the laws in that jurisdiction. 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 Answer

For you to file chapter 7 bankruptcy, which is the type of bankruptcy your referring to if you want to get rid of your house, will allow you to discharge an FHA loan. When it comes to government loans, the ones that do not get discharged in bankruptcy are predominantly school loans, such as a PELL grant loan. as long as you qualify for the requirements and filing a chapter 7 bankruptcy petition, you may discharge an FHA loan. 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, LLCAttorneys At Law www.massachusettslawyeronline.com 126 Shove Street Unit 202 Fall River, MA 02724 Office: 888-269-0688Cell: 508-801-6747FAX: 877-475-8147 Twitter Facebook  ... Read Answer

I think you're confusing income with assets.  A retirement account is an asset.  If you withdraw money from your retirement account, that is income.  If such money is withdrawn within the 6 calendar months prior to filing your case, then it must be included as income on the "means test" and may alter your eligibility to file. If you're asking whether or not funds in your retirement account are exempt (protected) from your creditors and the Trustee in a bankruptcy case, the answer is "yes", up to about one million dollars. 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 Answer

You should contact a local bankruptcy attorney to protect your rights, and determine if bankruptcy is an appropriate avenue for your company.  Each case is different, and needs to be examined individually.   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 Answer

Well, there are the obvious options of borrowing the money from family/friends, saving it up prior to filing (if there is time), etc.  But unfortunately, if you can't afford an attorney you are left to fend for yourself.  You can file bankruptcy by yourself, but you will be responsible for knowing all the relevant portions of the United States Bankruptcy Code, Federal Rules of Bankruptcy Procedure, and any local rules your court has.  You may wish to contact the local state bar in your area to see if they have a pro bono program or reduced fee program for people in your situation.  Many do, and that might be a way to get a free or discounted attorney. I hope you find someone who can help in your area! Good luck   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 Answer

You should file bankruptcy in the last place you lived for 180 days. You said you move to Delaware County, do you mean the state of Delaware or their accounting in Delaware in New Jersey? If you're still within the state of New Jersey considering its size, you may still be filing in the same location. If you move to a different state you certainly have to address where you will file. The easiest thing to do would be for you to wait until the time period has passed and file in your current location. 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, LLCAttorneys At Law www.massachusettslawyeronline.com 126 Shove Street Unit 202 Fall River, MA 02724 Office: 888-269-0688Cell: 508-801-6747FAX: 877-475-8147 Twitter Facebook  ... Read Answer

I am sorry to say but none of his criminal activities have any real bearing on your case. The fact that he has filed a chapter 7 bankruptcy, he is no longer liable for the mortgage on the property. If the bankruptcy court discharge the mortgage from him, that puts the mortgage completely on your shoulders. At this point it seems as if you have two options. One option would be to file chapter 7 bankruptcy yourself, and then sign over the deed completely to his name, if the bank does not take the property at that point. Option two would be to take him to court for him to either be able to buy out your have to the property or to force a sale, which would be used to pay off the mortgage. You are in a very bad situation and there really is no way out that's a good decision. Also if you're trying to be eligible for disability, the sale of the property may bar you from being eligible, unless you use any proceeds that are remaining on legitimate expenses all at one time and then apply for benefits. If your main concern is being eligible for SSI then I would suggest filing chapter 7 bankruptcy, at which point the bankruptcy trustee will most likely take the property anyway or if the debt is discharged you could simply sign over the deed to his name. 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, LLCAttorneys At Law www.massachusettslawyeronline.com 126 Shove Street Unit 202 Fall River, MA 02724 Office: 888-269-0688Cell: 508-801-6747FAX: 877-475-8147 Twitter Facebook  ... Read Answer

Your wife does not need to file with you.  Your debts, current and past will be included.  If your wife is liable on some of those bills, she will still owe the money even though you get discharged from your obligation to repay it.  Bankruptcy does not discharge debt. I discharges the debtor's personal obligation to repay the debt.  The discharge is personal to the bankruptcy debtor.... Read Answer

That depends on the specifics and which chapter of bankruptcy you are talking about.  Fines or penalties payable to a governmental unit (which I assume is what you are referring to) are not dischargeable in Chapter 7 or 11, but may be dischargeable in Chapter 13. 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 Answer

It is not required that you file chapter 13 in order to keep your house.  Which chapter you need to file and whether you can keep your house depends on a number of different factors, such as whether you are behind on the mortgage payments, how much equity is in the house, the value of your other assets, and what exemptions are available under applicable law.  Exemptions are "protections" for value you have in certain assets such that they are "exempt" from collections.  Every state has different exemptions amounts available. Exemption laws are based on the state where you resided for the 2 years prior to filing your bankruptcy case or, if you lived in more than 1 state during that period, in the state where you resided for the greater part of the 180 days prior to that 2 year period. You need to consult with a bankruptcy attorney in your area regarding what needs to be done in your situation, as well as for the costs. 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 Answer

You have left out one important piece of information, is the car legally yours? Is your name on the title of the car? If the car is not legally yours, I would not fix it as your ex can always take the car from you if it's under your ex's name. You are still responsible for payments on the car, as you are a co-signer. When your ex filed Chapter 7 Bankruptcy, your ex was discharged of the debt, but as a cosigner you are still read as possible for repayment of the debt. The lender will certainly repossess the car if you do not bring payments up to date, there really is no way of knowing legally when they will do that, but at some time they certainly will. Once they repossess it and goes to auction, you will be responsible for the remainder of the debt owed on the car. 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, LLCAttorneys At Law www.massachusettslawyeronline.com 126 Shove Street Unit 202 Fall River, MA 02724 Office: 888-269-0688Cell: 508-801-6747FAX: 877-475-8147 Twitter Facebook  ... Read Answer