Pennsylvania Bankruptcy Legal Questions

A bankruptcy can be filed by anyone with a few exceptions.  They involve debt limits and numbers of years since a prior bankruptcy.  Assuming he never filed before, he can file now.  Logistically, arrangements will have to be made for his review of information, and attending a meeting of creditors. ... Read More

Yes, there is.  Of course it makes it difficult for the attorney, but provisions can be made for him to sign papers and assist in his representation.  The difficult part is getting all the required books and records necessary to prepare the bankruptcy papers. I've never handled such a case, but it is definitely possible.  He needs to find a bankruptcy attorney who has dealt with such situations before. 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

Generally, student loans are not dischargeable in bankruptcy.  There is a very limited exception known as a hardship discharge which, in the Third Circuit covering PA, NJ, and Delaware, is extremely difficult to qualify for.  One example of a case in which you might qualify is if you had a chronic illness that prevented you from being gainfully employed at any time in the future. If some of the student loans were used for expenses other than tuition and were private loans, it may be possible that they can be discharged.  ... Read More

Mr. Meeker,  The price can be adjusted if you file for bankruptcy protection. The manufacturer's problems don't help you. I'm in Mechanicsburg. If you're not too far from there you can contact me. If you are a long way from there, you might want to look for someone closer. Good luck. Richard Koch... Read More

If the did everything correctly and did not get enough money from the sale of the car to pay off the loan, they can sue you for the remaining balance. That balance is called a deficiency. You should speak with a consumer attorney in your area to see whether the lender did everything properly and to see whether you have any defenses to paying.... Read More

The answer depends on what happened within your bankruptcy (i.e., whether or not you reaffirmed the debt). You can always surrender the house; the only question is whether or not the lender has the ability to try to collect any potential deficiency from you. If you are in Central PA, please feel free to contact me to discuss further. Sara A. AustinAustin Law Firm LLC226 E. Market St.York, PA 17403717.846.2246 phone717.846.2248 faxsaustin@austinlawllc.com ... Read More

If you did not reaffirm the mortgage, you cannot do so after the case.  Your question states that you "did" reaffirm, but I assume that was a typo.  You can only reaffirm during the case which has to be approved by the court.  In any event, a HEMAP loan does not bear any relationship to your obligations on the mortgage.  Rather, HEMAP is just another lender lending you funds to help you with the payments.   ... Read More

PA generally does not allow wage attachments for most creditors.  Some exceptions are child support, taxes, and student loans.  I believe that applies to private lenders, too.  One possible remedy depends on the nature of the debt.  If some of it was unrelated to tuition, it may be possible in PA to have that portion discharged in a bankruptcy.... Read More

However, one exception to a debt is fraud.  That occurs when someone incurs a debt, knowing they can't repay it.  I have never heard of a medical provider claiming fraud, but it is possible. You should be aware that children can be held liable for the medical bills of their parents.  That is rarely claimed and there are exceptions, but is is also possible. If your Dad's house has significant equity, it would be at risk in a bankruptcy, anyway.  Feel free to call or e-mail me on a free initial basis to discuss this further.  ... Read More

Usually, your assets are either not worth something to the trustee or exempt.  For example, your household goods and furnishings are exempt up to about $10,000.00 per person. But each case is unique and you can call or e-mail me on a free initial basis to to evaluate your situation. mnahrgang@verizon.net  ... Read More

Chapter 7 is theoretically a liquidation, but as a practical matter, most cases do not involve liquidation. Rather, they are administered as "no asset".  So, the trustee merely reviews the petition and supporting docs and recommends discharge. Your interest in a business is an asset, but it depends on the asset's value.  Many times, clients have relatively small businesses with few assets and the resulting value of the business after any business debt, is little or nothing.  In that event, the trustee will abandon the asset and administer the case as no asset. Feel free to call or e-mail me on a free initial basis to discuss this further.    ... Read More

Creditors are not added at the 341(a) trustee's meeting.  It has nothing to do with that meeting.  If you have creditors you failed to list, you need to file amended schedules with the court adding them. If this is a no-asset Chapter 7 case, there may be no harm in failing to list the debts anyway, but you should check with an experienced bankruptcy attorney in your area to see how the courts deal with that. 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

I'm not sure I understand your question, but I will give a few thoughts.  First, bankruptcy cases are not "won" or "lost", unless you have an adversarial proceeding within the bankruptcy case.   Regardless, credit reporting agencies may report your bankruptcy for up to 10 years from the date it was filed.   If it has been more than 10 years and it is still showing on your report, you can take legal action to have it removed.  There are attorneys who specialize in that.  It has nothing to do with bankruptcy law. 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 this is a debt owed to the school itself (such as for tuition/books) and NOT for a loan or scholarship, etc. it should be dischargeable in a bankruptcy case.  However, you should consult with an experienced bankruptcy attorney in your area for more details. 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

Social security income is clearly excluded from the means test (which uses the median income) in every state.  Some courts may still look at it as part of your overall budget and ability to pay your creditors in determining whether you can file a Chapter 7 case, or how much you have to repay in a Chapter 13, but the majority of courts are excluding it altogether. Best way to find out is to have a consultation with an experienced bankruptcy lawyer 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 More

Now that you are in a chapter 7 bankruptcy you MUST disclose the money to the trustee and they will take it all and put it towards your debts. You can not use trust proceeds to fund a chapter 13 bankruptcy, as it is not regular monthly income. You can use it to make a large payment in chapter 13, but it can not be used to pay your monthly installments. Don't forget under chapter 13 bankruptcy you pay back ALL or as much as you can pay back.   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... Read More

I'm not sure what a "bankruptcy charge" is, but a bankruptcy can be reported on your credit report for 10 years from the date it was filed. 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

That depends on what your questions are.  If they entail giving you legal advice, the Trustee cannot and will not answer them.  That is illegal.  If you're unhappy with your attorney, you can hire a new 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

That depends on the specifics of "bad job".  You can always fire your attorney and replace them with someone new.  As for the Trustee, you're unfortunately stuck with them unless you can prove they have committed a crime or malfeasance of some sort. 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 can keep your house, car or any other assets depends on, among other things,  their values/equity, which bankruptcy chapter you file, and what exemptions you have available under applicable law to protect the value in those assets.  There is usually a way to structure your case so you can keep your assets, but it requires a knowledgeable bankruptcy attorney to analyze everything properly. 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 for more details and who can obtain the necessary 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.  ... Read More

Going to a different type of attorney for a bankruptcy case, would be like going to a podiatrist to get brain surgery done.  Bankruptcy is an extremely complicated area of law with thousands of potential pitfalls and traps.  You need someone who is experienced in bankruptcy law. What should you be looking for?  Here's a few quick ideas.  These also appear in my article on the dangers of using a low cost bankruptcy attorney:1.  How long have they been practicing bankruptcy law?  2.  Do they dilute their practice with other areas of law? 3.  Are they a board certified specialist in bankruptcy law? 4.  Do they have client testimonials you can see? 5.  How about peer reviews from places such as martindale.com? There are many sites on the internet to use to help you find an attorney near you, including lawyers.com.  But you need to do your homework and research whomever you are looking to hire.   Most attorneys offer free initial consultations.  Take advantage of that. 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

Have you provided your attorney with all the required documents and information that they requested to prepare your petition?  If so, and you have made all the required payments, then 9 months is ridiculous.  It takes me usually about a day or two to process a case for filing once I get all the information and documentation from the client. What does your lawyer say when you ask about the delay?  Sounds like it's either time to switch lawyers, or open up a line of communication. 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 have already inherited the property, then it is in your name and yes filing a bankruptcy will impose the automatic stay which will stop the foreclosure sale temporarily. Depending on which Chapter you file and what type of payment plan you propose (if a Chapter 13 or Chapter 11 case) and other factors will determine how long the foreclosure will be postponed, or eliminated. 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