Rhode Island Bankruptcy Legal Questions

Generally, a bankruptcy by your ex would not affect your refinance proceeds. Since it did, the trustee or one of his creditors must have stated a claim against the funds. Without knowing the basis of that claim, I can't tell whether or how soon you'll get the funds. I would recommend that you consult a local bankruptcy attorney.... Read More

It may be time for a fresh start in the form of a new lawyer who has a fresh perspective. As you owe the bank 35k, I assume you have been struggling for a while  and  your old attorney has spent a lot of time helping you. It may not be that your attorney does not want to help as the attorney  is simply worn out.  You will have to give some of the 5k to the new  attorney.   It also may just be that your attorney has done everything possible and there is no way to save the house if you do not pay by the 23d. He may not be responsive cause there is nothing he can do. You may want to be careful that the new attorney is likely to help you before giving a retainer.... Read More

There should be no negative accounts on your credit report simply because you are authorized user, and less you only account and a responsible and obligated for paying on the account there is no way they could of listed on your credit history report. If it's on your credit history report then you're also on the account. Once your ex deals with those accounts in the chapter 13 bankruptcy they will be removed from his credit report. But the bankruptcy filing of one person never affects the credit of another person. The only way that it possibly could affect your account is if you're actually listed and they accept payment from him in chapter 13 bankruptcy and consider the account paid in full. But you should really verify with the credit reporting bureaus to find out if you're actually listed as an account holder, because being an authorized user should not be on your credit report. 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

Depends. Did she file a Chapter 13 showing how she would catch up on the mortgage payments, or did she file a Chapter 7? The Chapter 7 would only delay the foreclosure proceeding for a short period of time. Is there equity in the home? Is it worth saving? Would a better move be to sell the home? If I were you, I would buy an hour or two of some attorney's time to look at the BK filing, and the divorce proceeding. Your question begs more questions.... Read More

First, Florida's rules normally provide that you must respond within 20 days, not ten. This makes me think maybe your suit is not genuine. Call the clerk of court, or look up the clerk's website, and see if there is a corresponding case number. I would strongly advise engaging an attorney, even if only someone from legal aid. However, no matter what, make sure you respond to the complaint, and file copies of your complaint with the clerk and with the other sides attorney, and make sure you attend all court dates.... Read More

You should hire a family lawyer, aka divorce lawyer. An ex-spouse cannot get an order against someone who has no legal obligation to support a child or former spouse. Therefore, she should not be able to force you to pay your husband's obligation. However, a court could attribute income to your husband if it is determined that he is intentionally underemployed or unemployed. In that situation, the court could consider that you are paying all the household expenses, which give your husband more expendable income to pay support. It is very important that you consult a family lawyer so your case can be presented in the best possible light- given your unique circumstances.... Read More

I'm not sure what your question is or what you mean by "include".  Are you asking if the DEBT you potentially owe that is the subject of a lawsuit is dischargeable in a bankruptcy case?  If that is your question, the answer is:  it depends. It depends on the basis of the claim against you (is it for fraud, driving while intoxicated, embezzlement, or just a breach of contract)?  Not all debts are dischargeable in bankruptcy. You need to have a consultation with a qualified bankruptcy attorney in your area for more details on your options and what you can accomplish. 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 or not you can retain credit privileges with a credit card company after filing a bankruptcy case is a decision to be made by each company.   Most will cancel your card, but it's not a requirement.  In any event, there is no "turning over" that occurs regardless. 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

I hope that you are planning on surrendering the furniture or paying the full amount of the debt. Please understand that filing for bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step. Most Arizona bankruptcy attorneys offer a free consultation about the basics of bankruptcy.... Read More

Yes, filing for bankruptcy will clear utility bills. Utility companies are also required to continue to provide you with service as long as all post-filing amounts are paid, although they can require a deposit to do so. You need to be working to file a Chapter 13 bankruptcy, but not a Chapter 7. To be eligible to file a Chapter 7 you must NOT have had a large income (see info on the Means Test) over the past 6 months, regardless of whether or not you are currently working.... Read More

It depends on the agreement you had with the attorney. This isn't really a bankruptcy question. It's a contracts question. If your contract gives you the right to a refund then the money is owed; if not then no. If there is no written agreement or no mention of refunds in your agreement then you could have some options because the contract is with an attorney. In California all client fee agreements over $500 MUST be in writing. If your attorney is violating State Bar rules, he/she has enough to be worried about to want to give you your refund and move on. Just be aware the rules are different for each state (and i don't know if you have a written agreement or simply an oral one.) I would recommend going to the Bar website for whichever state you are in. just googling "_ _ state bar association" There should be a client dispute hotline and they will give you some information/leverage in negotiating with your current attorney.... Read More

Interesting question. You are entitled to stip off any second mortgages that are "wholly unsecured", meaning that the value of the home is less than the amount owed on the first mortgage. The second mortgage would be treated as an unsecured loan. If the property was a multi-family, which you lived in and was also part investment, you are allowed to cram down the loan to the value of the property. The balance would be treated as an unsecured loan. If the property is your singe family home, the bankruptcy code does not provide for a cram down of a first mortgage. The question is can the loan/mortgage on the home that was initially for your own home, be transformed into an investment loan/property because you moved to California and no longer live in the home. Your argument would be that the property is no longer your residence and has become investment property and thus the loan is subject to a cram down. On the other hand, I would expect the lender to contend that the initial loan was taken out as a primary residence loan in which you declared your intent that you would reside in the home, and as a consequence the loan would not be subject to a cram down.... Read More

Before your wages can be attached in Rhode Island you are required to receive notice and are provided an opportunity to object and to present your objection at a hearing. The judgment holder is entitled to court costs. However, if the judgment, including court costs has been satisfied in full your wages should not be attached.... Read More

If you get a great, higher-paying job before your creditors' meeting, which is 3 to 5 weeks after filing, the US Trustee will probably expect you to amend your Schedule I concerning present & projected income. If you interviewed or were offered the job before filing, it could mean real trouble. After that, at least in my jurisdiction, you're free to move make as much as possible. There is no way to get the filing off your credit report early, & most employers do check credit reports.... Read More

What assets you can keep in a Chapter 7 case depends on what exemptions you have available under applicable law in your case. 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 have a consultation with a bankruptcy attorney in your area to determine what you can and cannot protect. 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

Sure, if those are your only debts and you have sufficient income to propose a repayment plan.  You need to have a consultation with a bankruptcy attorney in your area. 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

You must file for bankruptcy where you have lived for the past half year.  If you have lived in more than one place, then where you have lived longer.  (This gets little beyond what you asked, but is will probably come up. When you file, you want to have most or all of your assets to be exempt from going to the trustee.  The exemption laws very from stat-to-state. The length of time you must live in a state to use the exemption laws of the state is a little more complicated and you will want to have a lawyer help you chose when to file to obtain the best use of the exemptions available to you.) ... Read More