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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 13
Do you have any Bankruptcy questions page 13 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

Can I file bankruptcy if my sister filed bankruptcy at the same address recently and she did not include me in her household number?

Answered 8 years and 5 months ago by Ronald Karl Nims (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
For bankruptcy, a household is an economic unit. So if you're paying your own expenses and not contributing to their expenses, your economic unit is just one.
For bankruptcy, a household is an economic unit. So if you're paying your own expenses and not contributing to their expenses, your economic unit is... Read More

How do I remove a creditor from my deed of trust

Answered 8 years and 5 months ago by attorney Bankruptcy Attorney Mark J Markus   |   1 Answer   |  Legal Topics: Bankruptcy
Your question as stated doesn't make any sense.  Creditors are not "listed" on a deed of trust unless you give them the deed of trust (you sign it).  Usually this is done when they make a loan to you.  So the way to remove the deed of trust (assuming that is what you are asking) is to pay off the loan which the deed of trust secures.  ... Read More
Your question as stated doesn't make any sense.  Creditors are not "listed" on a deed of trust unless you give them the deed of trust (you sign... Read More

What is the starting debt I owed them not including interest, the $14,000 on the judgement issued or the $12,000 turned in when I filed the bankruptcy

Answered 8 years and 5 months ago by Richard N. Gonzales (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Bankruptcy
It is hard to discern what occurred in your case from the information here. I would be willing to review your file, but I charge hourly for these matters (with a one hour minimum).
It is hard to discern what occurred in your case from the information here. I would be willing to review your file, but I charge hourly for these... Read More

Does the clock start ticking the day of or the day after the court date to dismiss or whenever the attorneys at the mortgage company get the paperwork

Answered 8 years and 5 months ago by Richard N. Gonzales (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
No further notice will go to you. Call the Public Trustee handling the foreclosure sale and ask what the new sale date is. You have to file before then.
No further notice will go to you. Call the Public Trustee handling the foreclosure sale and ask what the new sale date is. You have to file before... Read More

What should I do if I just bankruptcy and I received summons?

Answered 8 years and 5 months ago by Richard N. Gonzales (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
If you are not working, there are no wages to garnish. The worst that can happen is the creditor gets a judgment for the amount owed. Just include that in your BK filing. No need to cry.
If you are not working, there are no wages to garnish. The worst that can happen is the creditor gets a judgment for the amount owed. Just include... Read More

What do I do after the case was dismissed?

Answered 8 years and 5 months ago by Richard N. Gonzales (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
Refile if you still need the relief.
Refile if you still need the relief.

Will bankruptcy clear an eviction?

Answered 8 years and 5 months ago by Richard N. Gonzales (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Bankruptcy
Bankruptcy does not "clear" anything. Also, filing a BK will not stop an eviction process. If you have a good faith defense to the eviction, there is a process for an expedited hearing in the BK court re the eviction.
Bankruptcy does not "clear" anything. Also, filing a BK will not stop an eviction process. If you have a good faith defense to the eviction, there is... Read More

Who gets the gap insurance money from a car that was in a chapter 13 bankruptcy?

Answered 8 years and 5 months ago by Richard N. Gonzales (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
The money goes to the car lienholder for the amount of the loan. Anything above that, if any, goes to you.
The money goes to the car lienholder for the amount of the loan. Anything above that, if any, goes to you.

Can I file chapter 13 and include the house in the bankruptcy so I don’t lose my home?

Answered 8 years and 5 months ago by Richard N. Gonzales (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Bankruptcy
Not enough information here to answer your question. You should consider meeting with a lawyer face to face.
Not enough information here to answer your question. You should consider meeting with a lawyer face to face.

How long do l to move once my stay from bankruptcy was moved?

Answered 8 years and 5 months ago by Richard N. Gonzales (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
Call the Public Trustee who is going to handle the foreclosure sale. You will have to move shortly after the sale date.
Call the Public Trustee who is going to handle the foreclosure sale. You will have to move shortly after the sale date.

What can I do if it’s been almost two months since my bankruptcy hearing, and I still have not had the garnishment money returned to me?

Answered 8 years and 5 months ago by Richard N. Gonzales (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
There is no time limit. Just keep doing what you've been doing.
There is no time limit. Just keep doing what you've been doing.

What happens to a joint four-people owned rental property if one of them files for bankruptcy?

Answered 8 years and 5 months ago by Richard N. Gonzales (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
Meet with an attorney where the real estate is located.
Meet with an attorney where the real estate is located.

Can I sell my house and pay my debts even if my voluntary bankruptcy is not signed?

Answered 8 years and 5 months ago by Richard N. Gonzales (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
Probably.
Probably.

Is it unethical to consult with more than one bankruptcy attorney?

Answered 8 years and 5 months ago by Richard N. Gonzales (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Bankruptcy
No. Come see me.
No. Come see me.

If whoever can sue, how long do they have to sue if my mom never signed her name off the car I traded in and we didn't know she was supposed to?

Answered 8 years and 5 months ago by attorney Daniel A. Edelman   |   1 Answer   |  Legal Topics: Bankruptcy
Either 4 or 10 years.
Either 4 or 10 years.

Should I flie for bankruptcy after my car got repoed ? Can't make payments anymore I'm past due by a little less then 3,000

Answered 8 years and 5 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Bankruptcy
If this is your only debt, then no.  Deal with this debt when and if they come looking for money.
If this is your only debt, then no.  Deal with this debt when and if they come looking for money.

Can a mechanic pursue charges for work done to a vehicle, when the legal owner did not put the car into the auto shop?

Answered 8 years and 5 months ago by Mr. Kenneth Love, Jr. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
In this case most likely. The person did have the authorization to take it to the dealership because you were selling it to them...even if they didn't finish. Just like if the buyer was making payments to the bank. If you want the vehicle back, you need to work something out with the mechanic.... Read More
In this case most likely. The person did have the authorization to take it to the dealership because you were selling it to them...even if they... Read More

Can i sue my bankuptcy lawyer

Answered 8 years and 5 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Bankruptcy
If this happened in 2014 the statute of limitations for attorney malpractice is over.
If this happened in 2014 the statute of limitations for attorney malpractice is over.

If I used the credit card that is under my dad’s name, they file a petition saying that it's no dischargeable forcing me to pay him back?

Answered 8 years and 5 months ago by Ronald Karl Nims (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Bankruptcy
The car and credit card debts were obtained in violation of a court order (your Chapter 13 plan), so they aren't dischargeable. When you decided to violate your plan, you pretty much screwed the pooch as far as bankruptcy is concerned.
The car and credit card debts were obtained in violation of a court order (your Chapter 13 plan), so they aren't dischargeable. When you decided to... Read More

Can I file bankruptcy against my medical bills without losing any of my benefits?

Answered 8 years and 5 months ago by Ronald Karl Nims (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Bankruptcy
Yes, bankruptcy does not affect your benefits.
Yes, bankruptcy does not affect your benefits.

Is there a way that maybe that I am able to get my money back until they notify me of what they have done?

Answered 8 years and 5 months ago by attorney Daniel A. Edelman   |   1 Answer   |  Legal Topics: Bankruptcy
If this is a court ordered wage deduction, the judgment creditor is supposed to mail you a copy of the affidavit/ application for a wage deduction order. Ordinary mail is sufficient. Your failure to receive it does not violate anything. If the order is improper for some reason, you need to file a motion to vacate it. There are administrative wage deduction orders for student loans. You are supposed to be sent a notice of a right to a hearing prior to any deduction. If you did not receive one, you may request a hearing in writing. If this is a wage assignment, which is not ordered by a court, you can cancel the assignment and the deduction by written notice to the creditor and your employer. This does not extinguish the debt; for example, they can sue you.... Read More
If this is a court ordered wage deduction, the judgment creditor is supposed to mail you a copy of the affidavit/ application for a wage deduction... Read More

Can I file bankruptcy if I am currently out of the country?

Answered 8 years and 5 months ago by Ms. Susan Green Taylor (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Bankruptcy
No. You must live in the district at least 3 months & a day.
No. You must live in the district at least 3 months & a day.

Can they garnish my disability income?

Answered 8 years and 5 months ago by Erik Brito Espinosa (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
They will move to garnish as they will not take you at your word. you must file a request for exemption, immediately. There will likely be a hearing set where you have the chance to show that what they want to garnish is exempt under the law.
They will move to garnish as they will not take you at your word. you must file a request for exemption, immediately. There will likely be a hearing... Read More

Is there such a thing as an arrest warrant for non-availability?

Answered 8 years and 5 months ago by attorney Daniel A. Edelman   |   1 Answer   |  Legal Topics: Bankruptcy
The only debt-related arrest warrants in Illinois are for contempt for disobeying a court order that is personally served on you. You should also be served with an order to show cause why an arrest warrant should not be issued. Threats of arrest for nonpayment of debts are common and are scams.... Read More
The only debt-related arrest warrants in Illinois are for contempt for disobeying a court order that is personally served on you. You should also be... Read More

Can a credit card company garnish my disability retirement check?

Answered 8 years and 5 months ago by Erik Brito Espinosa (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
They will move to garnish as they will not take you at your word. you must file a request for exemption, immediately. There will likely be a hearing set where you have the chance to show that what they want to garnish is exempt under the law.
They will move to garnish as they will not take you at your word. you must file a request for exemption, immediately. There will likely be a hearing... Read More
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