Pennsylvania Bankruptcy Legal Questions

A foreclosure is a procedure by which a creditor secured by real estate can sell its collateral (your property) in order to get paid on its lien. When you ask if a Chapter 7 bankruptcy will eliminate a foreclosure, I'm not sure how to answer because it doesn't really make sense.   A Chapter 7 will temporarily stop a foreclosure sale assuming the case is filed prior to the foreclosure sale, but the creditor will eventually be able to complete the sale after obtaining permission from the bankruptcy court. I believe what you meant to ask was whether a Chapter 7 will discharge any deficiency owed after a foreclosure sale.  The answer to that is yes. Whether that is your best option or not depends on a number of factors, including potential tax consequences of the foreclosure sale, so you should consult with a bankruptcy attorney in your area to evaluate your situation more fully. 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.  Los Angeles Bankruptcy Lawyer... Read More

We offer a credit repair information package to our clients who file bankruptcy that allows them to get their credit score over 700 within two years after filing bankruptcy. After you file bankruptcy and reestablish your credit and have a job with a good payment history, you certainly will be able to purchase a house after bankruptcy. The question of if you should file bankruptcy or should you make deals to pay them off as a little difficult for me to understand, as you say you're unemployed. If you want to make a deal with the bank to pay off a debt, you will need to have a substantial amount to pay them. No bank is can make a deal that is going to enter into a payment plans with you, this is what a credit card is an obviously you weren't able to make those payments, so to think that they are going to enter into that arrangement again is simply wishful thinking. If you do want to cut a deal with the bank. You need to have the money you're going to offer them at that time to get a good deal. I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. 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 LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147... Read More

This is a question many bankruptcy attorneys cringe at when they hear.  But it is an important question, so I will give you the answer (which you may guess, is not a simple "yes" or "no"). First, just to clarify your question, I believe you are asking whether or not the loan(s) you take out to pay off your student loans will be dischargeable in a future bankruptcy case. The answer is, it depends. When you file a bankruptcy case, your creditors can object to the discharge of any debt that is incurred without the intent to repay (or a reasonable expectation to repay).  This is, not to mince words, fraud. Thus, if you tell me that you are taking out a personal loan that you wish to discharge in bankruptcy and you have no intent to repay that personal loan, that is pretty clearly fraudulent and the personal loan creditor(s) can seek to have that debt declared non-dischargeable in your bankruptcy case. Such fraud allegations are usually proven by looking at circumstantial evidence, such as how many payments were made on the loan after it was given prior to the bankruptcy case being filed?  Did anything change in your financial situation to cause you to be unable to make the payments on that loan, which resulted in you filing bankruptcy?  etc. Thus, it is possible to get rid of the personal loan in bankruptcy if your creditor(s) cannot prove that you did NOT intend to repay the loan at the time you borrowed the money. So, if you make payments on the loan for a while, and then something unexpected happens (you lose your job, or have reduced income, or increased expenses, etc.), filing bankruptcy could result in being able to discharge the personal loan(s). The reason bankruptcy attorneys cringe at this, is they cannot advise you to take out such a loan to pay off another loan under these circumstances.   But the key is the facts. I too must state that if you take out the loan without intending to repay it, then it may not be dischargeable in a bankruptcy case.    You should consult with a bankruptcy attorney in your area to get more advice based on the specifics of your situation. 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

It seems to me you have already answered your question, when you do not have the money to pay all your bills and support yourself, it's time to file bankruptcy. In your case it seems you have a lot of bills, which I'm assuming our credit card and other unsecured debt types of bills. If you have a car loan and wish to keep the car, the chapter 7 bankruptcy will not help you. Since you can't afford to pay your bills and pay for rent somewhere to move out, chapter 13 bankruptcy would not be helpful for you. I would suggest you file a Chapter 7 bankruptcy petition, discharge all of your debts and then you should have enough money to move out.   I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. 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 LAW GROUP Attorneys At Law www.botelholawgroup.com 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147... Read More

If you are separated from your spouse, you can file bankruptcy on your own without needing your spouse's involvement or approval. Your eligible debts will be discharged and those creditors will not be able to collect from you. If the vehicles are financed, then they are secured and you basically have two options. You can keep the vehicle and continue making payments on time, or you can surrender the vehicle and not have to pay any remaining balance. However, there are more considerations based upon your specific facts. If you would like additional information, please feel free to contact me to discuss further. Jason Karavias, Esq. Phone: (412) 456-7700... Read More

Exemptions allow you to keep certain property when you file bankruptcy. One of the most important considerations when preparing to file bakruptcy is determining whether your particular assets are exempt. For major assets such as a house or car, this involves calculating whether your have equity in the asset, and if so, whether the equity exceeds the bankruptcy exemptions. Another factor is whether you are up to date on the payments on your secured debt such as a mortgage or car loan. If you would like additional information, please feel free to contact me to discuss further. Jason Karavias, Esq. Phone: (412) 456-7700... Read More

Bankruptcy is always an option to consider.  The question is WHICH chapter of bankruptcy are you eligible for and would be most beneficial to you.  The only way to know the answer to that is to have a consultation with an experienced bankruptcy attorney in your area. You can keep all your assets in a Chapter 13 or Chapter 11 case, so those are always potential options. 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

Not to put too fine a point on it, but if an attorney is charging a one-size-fits-all fee to file a bankruptcy, I would run as far as you could in the other direction. Bankruptcy fees vary depending on a number of different factors, including the chapter being filed, the complexity of the case, the experience and quality of the attorney, and other factors. A while back I discussed the dangers of hiring a low cost bankruptcy attorney.  See that article here.  The current court fees to file by Chapter are: Chapter 7: $306 Chapter 13: $281 Chapter 11: $1,213 These are fees paid to the court and are in addition to the attorney's fees. Most attorneys offer free initial consultations.  Assuming they are thorough and you provide sufficient information to them in the initial consultation, they should be able to give you a fee quote for their services as well as advise which chapter you would be eligible to file. 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 don't ask any question here, but I will merely comment that your situation is precisely why I wrote my article on the importance of researching your bankruptcy attorney before hiring them. Again, you don't ask any specific questions, but I would suggest hiring a new attorney to get you through the rest of the case and, if the new attorney feels it is warranted, file a motion seeking to disgorge the fees paid to your current attorney (although he did file the case, so he's probably entitled to those fees). You also don't disclose what your retainer agreement states the services to be provided are supposed to be.  Most fees paid in Chapter 7 cases are for work done prior to filing the case, and does not include services to be provided after, except for--sometimes--appearance at the Trustee's Meeting. 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

Whether you, or anyone else, should file bankruptcy can only be determined after a comprehensive consultation with a bankruptcy attorney in your area.  There are many, many factors to consider. You need to schedule an appointment with an experienced bankruptcy attorney in your area who can go over your options with you, answer your questions and give you a fee quote. 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, even though he never made a payment it could be considered an asset in his bankruptcy. Unless other wise stated to be exempt in your states bankruptcy laws or if he was only on the loan and not on the title to the vehicle.     I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. 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.      Tai Figueiredo Paralegal BOTELHO & ASSOCIATES, LLCAttorneys At Law www.massachusettslawyeronline.com126 Shove Street Unit 202 Fall River, MA 02724 Office:  888-269-0688FAX:    877-475-8147... Read More

Yes and no. If a judgment is entered against a person in State A then the judgment can be enforced in state A in any county of state A where the judgment debtor owns property. If the judgment was entered in county B, then it can be transferred and enforced in county C, D and so forth. If, however, debtor also owns property (land or other assets) in state B or another state, then to enforce the judgment, the creditor needs to register the judgment from state A in state B. There are procedures for registration of the judgment and they will involve getting a lawyer from state B and jumping through the hoops. Once it is done, then the judgment can be enforced against any property in state B according to that state's laws. That would include any exemptions under state B's laws. Since you give some more details in your post, I will try to answer you. You do not indicate how the property in PA is owned. Is it owned by you and your spouse or with another person? If so, it cannot be seized even if there is a lien. And it is very unlikely (but not impossible) that the VA judgments would be transferred to PA. VA allows wage garnishment. It will be simpler, cheaper and easier for the creditor to just garnish your wages or seize your bank account if you have one. And if you do have a bank account in VA, either get your name off there (if it is a joint account with someone else) and either do not have a bank account or get an online account at an online bank or else bank at a credit union or very small community bank 25-50 miles from your home or, since you own property in PA, bank at a bank or credit union that is ONLY in PA (stay away from Bank of America, Wells Fargo, PNC or any other multi-state bank). Because you have 2 judgments, you need to think about resolving them in some way or fashion.... Read More

When you are in a situation in which it is difficult or impossible to repay your debts, you have several options.  One is to negotiate with your creditors.  However, that is time consuming, uncertain and possibly pointless if you do not have the ability to pay them.  The second option is to ignore the debt.  The creditors will hassle you, possibly sue you and could seize your assets and bank accounts.  The third option is bankruptcy. There are two types of bankruptcies for consumers, Chapter 7 and 13.  The former is generally for those who simply require the elimination of unsecured debt such as credit cards.  The latter is generally for those who have fallen behind in secured debt such as a mortgage.  Chapter 13 allows you to repay any arrears over five years. In each case, the filing of the bankruptcy creates what is known as an automatic stay.  That prevents any creditor from taking any action whatsoever.  They cannot call you, write you or sue you.  Ultimately, when you receive a discharge order, the automatic stay becomes permanent. Bankruptcy has nothing to do with your taxes.  Whether you file your returns or not is up to you.  However, if you file close to filing a bankruptcy and owe taxes, bankruptcy won't eliminate those taxes.  You coudl file your returns and wait a few years until the tax debt could be discharged. ... Read More

Your facts are very sparse.  Was this store that you refer to responsible for damages to your daughter?  If so, did you file a claim in their bankruptcy case?  There are deadlines for filing claims, so you need to check with the court to see what that deadline is. 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

To be legal, the payday lender has to either register with the state or make loans at the statutory rate of interest of 6%. It is not profitable for payday lenders to make loans in compliance with the law. Payday lenders who attempt to circumvent the law by charging excessive interest are usually overseas or tribal lenders. By suing you, the payday day lender would expose themselves to criminal sanctions. Its like a drug dealer suing you for the value of the drugs you bought but did not pay for. So a lawsuit or criminal charges is very unlikely and PA has no process like in NC of GA for companies to take out a criminal warrant. And don't believe the illegal lender. Neither civil nor criminal process works like that.I suggest that you contact the PA attorney general.... Read More

Sure it's possible.  You need to have a consultation with a bankruptcy attorney in your area to see what you're eligible for and determine which option is best. 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 qualify, you can probably file whenever you can afford it.  Most of my clients don't have all the fees all at once and they pay me over time.  By retaining me with any amount, they get relief be referring creditors to me and we begin the paperwork.  But no attorney can file until all the fees and costs are paid.... Read More

Bankruptcy and credit reports are not completely related.  Credit Reports are governed by the Fair Debt Reporting Act.  It provides some protection for consumers such as the ability to get a free credit report once a year, dispute debt, and have bad marks removed after a period of time.  But, other than that, what a creditor reports to a bureau is not related to your bankruptcy. Regarding student loans, their collection is stayed pending the case as are most debts, but the debt is still owed.  Accordingly, they can charge interest and there is no deferment.  You were likely not paying any interest on the debt in the bankruptcy, so they could add that on. You could file another bankruptcy to pay the balance of the student loan claim.     ... Read More