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356 legal questions have been posted about bankruptcy by real users. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include commercial bankruptcy, consumer bankruptcy, and foreclosures. All topics and other states can be accessed in the dropdowns below.
Bankruptcy Questions & Legal Answers - Page 11
Do you have any Bankruptcy questions page 11 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 356 previously answered Bankruptcy questions.
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Recent Legal Answers

Am I okay to get a loan on a vehicle if I just filed for Chapter 7 bankruptcy and haven’t been to meeting of creditors?

Answered 8 years and 5 months ago by Ronald Karl Nims (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Bankruptcy
I would advise you to wait until your creditor?s meeting before getting any new loans.
I would advise you to wait until your creditor?s meeting before getting any new loans.

What are my options if I'm being sued for $1200 for a credit card obtained without my knowledge by a family member?

Answered 8 years and 5 months ago by attorney Daniel A. Edelman   |   1 Answer   |  Legal Topics: Bankruptcy
You need to decide whether you want to allege ID theft. Normally they will want you to agree to prosecute the culprit. But that will get the case dismissed. If you are being sued by the original creditor and do not claim ID theft, they may be able to prove a case. If it is a debt buyer, they may not. You should consult an attorney who handles such cases.... Read More
You need to decide whether you want to allege ID theft. Normally they will want you to agree to prosecute the culprit. But that will get the case... Read More

If I co-signed on a bail along with four others, now the collector is taking me to court, what should I do?

Answered 8 years and 5 months ago by attorney Stuart M. Nachbar   |   1 Answer   |  Legal Topics: Bankruptcy
Cross Move against all other co-signors for Contribution and get them all to chip in and pay.
Cross Move against all other co-signors for Contribution and get them all to chip in and pay.

If I file bankruptcy, will the car be taken from me?

Answered 8 years and 5 months ago by Richard N. Gonzales (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Bankruptcy
Maybe not. There's not enough info here to give you a definitive answer.
Maybe not. There's not enough info here to give you a definitive answer.

If I file bankruptcy, will the car be taken from me?

Answered 8 years and 5 months ago by attorney Mr. Rex K. Daines   |   4 Answers   |  Legal Topics: Bankruptcy
The bankruptcy is not the issue. Status of the car loan is the issue. If the car payments are current an the car is insured, it will not be taken away. If the car payments are current, it will not negatively effect the other person's credit.
The bankruptcy is not the issue. Status of the car loan is the issue. If the car payments are current an the car is insured, it will not be taken... Read More

What happens to the money I have put into the home if the homeowner has just filed chapter 13 bankruptcy?

Answered 8 years and 5 months ago by attorney Mr. Rex K. Daines   |   2 Answers   |  Legal Topics: Bankruptcy
You need an attorney in that state. A bankruptcy can void out an agreement but that does not happen in every case. This is complex and you need an attorney where the bankruptcy was filed to assist you.
You need an attorney in that state. A bankruptcy can void out an agreement but that does not happen in every case. This is complex and you need an... Read More

How do I go about taking a loan out of my 401k in order to pay mine and a portion of my ex-wife's attorney fees incurred during our divorce?

Answered 8 years and 5 months ago by Ronald Karl Nims (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Bankruptcy
Taking out a loan while in a Chapter 13 has both tax and bankruptcy implications. You need to talk with a lawyer.
Taking out a loan while in a Chapter 13 has both tax and bankruptcy implications. You need to talk with a lawyer.

How do I go about taking a loan out of my 401k in order to pay mine and a portion of my ex-wife's attorney fees incurred during our divorce?

Answered 8 years and 5 months ago by attorney Mr. Rex K. Daines   |   2 Answers   |  Legal Topics: Bankruptcy
You should get a new attorney to make sure you complete the chapter 13 correctly. Contact the trustee and tell him specifically what you intend on doing and ask for his permission. You should also discuss with a CPA the tax ramifications of taking money out of the 401(k).
You should get a new attorney to make sure you complete the chapter 13 correctly. Contact the trustee and tell him specifically what you intend on... Read More

How do I get this bankruptcy removed on my credit report and secondly, how is this even possible if I didn’t file for it?

Answered 8 years and 5 months ago by Ronald Karl Nims (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
Go to the credit reporting agencies website and dispute the information.
Go to the credit reporting agencies website and dispute the information.

How do I get this bankruptcy removed on my credit report and secondly, how is this even possible if I didn’t file for it?

Answered 8 years and 5 months ago by attorney Mr. Rex K. Daines   |   3 Answers   |  Legal Topics: Bankruptcy
Write a letter to the credit reporting agency and tell them you have never filed bankruptcy and to remove that from your credit report.
Write a letter to the credit reporting agency and tell them you have never filed bankruptcy and to remove that from your credit report.

How do I get this bankruptcy removed on my credit report and secondly, how is this even possible if I didn’t file for it?

Answered 8 years and 5 months ago by Linda S Novakov (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
Send a letter to the Credit Bureau disputing this matter. You'll need to indicate that it has been reporting incorrectly since 2011. They can pull the information from the Bankruptcy Court's website based on your social security number to verify that it is inaccurate.
Send a letter to the Credit Bureau disputing this matter. You'll need to indicate that it has been reporting incorrectly since 2011. They can pull... Read More

If my co-worker is no longer paying me with her loan because she filed for bankruptcy, how can I get my money back from her?

Answered 8 years and 5 months ago by Patrick William Currin (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
You cannot legally except through the bankruptcy. If you file a proof of claim, you may get a portion of your loan back depending on the circumstances.
You cannot legally except through the bankruptcy. If you file a proof of claim, you may get a portion of your loan back depending on the... Read More

Can I do anything to make them pay for their mistake if I was just garnished for a civil lawsuit discharged in bankruptcy?

Answered 8 years and 5 months ago by Atty. Richard B. Jacobson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
It appears that the creditor violated the discharge.
It appears that the creditor violated the discharge.

Can creditor collect after final decry?

Answered 8 years and 5 months ago by Ronald Karl Nims (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Bankruptcy
Bankruptcy only discharges the debts you had on the filing date. Since the hospital debts were incurred after the filing date, they can collect on them.
Bankruptcy only discharges the debts you had on the filing date. Since the hospital debts were incurred after the filing date, they can collect on... Read More

What can I do to get him out so I can sell it or can I even do that?

Answered 8 years and 5 months ago by Richard N. Gonzales (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
There are a lot of issues here. Speak to an attorney face to face. Any attorney worth their salt will charge you for the consultation. Good luck!
There are a lot of issues here. Speak to an attorney face to face. Any attorney worth their salt will charge you for the consultation. Good luck!

If a person in family was loaned $15,000 and a few years later filed bankruptcy, and now okay to pay, should he?

Answered 8 years and 5 months ago by Richard N. Gonzales (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Bankruptcy
He may have a legal obligation to pay the debt, but he has no legal obligation. This is a sad commentary on today's young people.
He may have a legal obligation to pay the debt, but he has no legal obligation. This is a sad commentary on today's young people.

If you file bankruptcy and creditors that have titles to your vehicles do not show at the bankruptcy, can they still repossess your vehicles?

Answered 8 years and 5 months ago by Richard N. Gonzales (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Bankruptcy
If you have loans on the vehicles, and you want to keep the vehicles, you have to continue with the payments or surrender the vehicles to the creditors.
If you have loans on the vehicles, and you want to keep the vehicles, you have to continue with the payments or surrender the vehicles to the... Read More

How long does it take for a Trustee to approve you getting a mortgage while your in a Chapter 13?

Answered 8 years and 5 months ago by Richard N. Gonzales (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Bankruptcy
Generally speaking, they usually move quickly.
Generally speaking, they usually move quickly.

If wages were garnished but I filed bankruptcy within 2 weeks, will I received my garnished wages back?

Answered 8 years and 5 months ago by Richard N. Gonzales (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Bankruptcy
The Trustee is entitled to the garnished wages. It will be up to the Trustee whether to declare your case an asset case, or a no asset case.
The Trustee is entitled to the garnished wages. It will be up to the Trustee whether to declare your case an asset case, or a no asset case.

Why are spouses pay check stubs required for a non-filing spouse, especially if filing is exempt from "means test"?

Answered 8 years and 5 months ago by attorney Mr. Rex K. Daines   |   3 Answers   |  Legal Topics: Bankruptcy
The court can still look at the "totality of circumstances" when granting a chapter 7 discharge even for non-consumer cases where means test does not need to be done. If a person is living with a millionaire and could easily pay off all the debt, then the judge has the authority to not grant a discharge.... Read More
The court can still look at the "totality of circumstances" when granting a chapter 7 discharge even for non-consumer cases where means test does not... Read More

What can be done on judgment lien avoidance upon case dismissal?

Answered 8 years and 5 months ago by Ronald Karl Nims (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Bankruptcy
Judgment liens become dormant after five years with no action. If the creditor has taken no action the judgment is no longer valid.
Judgment liens become dormant after five years with no action. If the creditor has taken no action the judgment is no longer valid.

Is a bankruptcy consultation stay confidential or does it get leaked or published to the bankruptcy court?

Answered 8 years and 5 months ago by Ronald Karl Nims (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
Attorney-client communications concerning bankruptcy (and any other legal matters) are confidential unless (1) the client agrees to release confidentiality or (2) the client threatens imminent injury to a person (for example, if the client says, I'm going to kill that witness. And it's not just a figure of speech).... Read More
Attorney-client communications concerning bankruptcy (and any other legal matters) are confidential unless (1) the client agrees to release... Read More

Can my ex-spouse sue me if they were listed on Schedule F of my Chapter 7 bankruptcy?

Answered 8 years and 5 months ago by Ronald Karl Nims (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
The company has no right to collect the debt from you. Your divorce decree may make you liable to your ex-spouse.
The company has no right to collect the debt from you. Your divorce decree may make you liable to your ex-spouse.

How do I file a 1099c?

Answered 8 years and 5 months ago by Ronald Karl Nims (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
File a notice with your return that the gain on the 1099C is excluded due to your bankruptcy.
File a notice with your return that the gain on the 1099C is excluded due to your bankruptcy.

when i filed for chapter 7 bankruptcy would i be able to keep my bank accounts, car insurance etc.?

Answered 8 years and 5 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Bankruptcy
Exemptions (assets you keep) depend on what you have in total, and if you own real estate.  There are specific thresholds you need to review with a lawyer.
Exemptions (assets you keep) depend on what you have in total, and if you own real estate.  There are specific thresholds you need to review... Read More
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