Bankruptcy Legal Questions

Yes. In Ohio, a spouse or a surviving spouse is responsible for certain expenses incurred by their spouse. These are referred to as "necessaries". It includes medical bills (for health care only - not cosmetic), food and rent. If she can't afford to pay, she should contact the doctors and facilities about forgiving part of the debts.... Read More

Why? Social Security Disability Income is exempt from your creditors, even if they get a judgment, they can't take the SSDI money. Unless you have some assets that they can take, I wouldn't recommend a bankruptcy. They might give you some calls and letters but unless you're a snowflake, just tell them that you're not paying.... Read More

If you borrow money the lender has a right to be paid or they can choose to forgive the debt. If they sue they have a right to take any non-exempt property (attached is a list of exempt property for all Arizona residents). If they forgive the debt then they are to file a 1099 with the IRS showing you had income in the amount they forgave. I hope this helps.... Read More

No, assuming the patent is granted it means that you have the exclusive right to control the product or process that is patented. If you developed the idea before filing bankruptcy, the patent would be an asset of your bankruptcy and the trustee could sell it for cash to pay your creditors.... Read More

If you no longer have the business, the trustee will be concerned mostly about any assets you used in the business, for example, tools, equipment, inventory. The trustee is looking for assets she/he can sell to pay your creditors, the trustee isn't concerned about your income or losses in earlier years.... Read More

Ask the Lender for the Loss Mitigation Department. Calling customer service will not get you anywhere. Once the process begins, you should be assigned a service representative to work with. There will be some paperwork required, but if you follow their direction, you should be able to receive an approval and complete the paperwork to transfer title to the lender within 4-6 weeks.... Read More

First, look at the documents filed in your bankruptcy on PACER.gov. Did the bank make a filing to exempt the vehicle from the bankruptcy? If not, send the bank a letter demanding that they release their lien and give you title within two weeks or you'll file a motion for sanctions with the bankruptcy court.... Read More

An authorized user means that you're using a card that's billed to someone else. For example, if I use my employer's card to buy lunch for a client, my employer is responsible for paying the bill not me. However, if you're using your spouse's card or a friend's card with the understanding that you'll pay for the charges, then you're incurring debt and that's prohibited.... Read More

The debtor can't withdraw the claim of a creditor. Only the creditor can withdraw its claim. The debtor can file an objection to the claim, stating that it has already been paid, then the creditor has the choice of withdrawing the claim or going to a hearing before the judge to explain why the claim was not withdrawn.... Read More

Bankruptcy removes your personal liability on the mortgage. Bankruptcy does not transfer ownership of the property to the creditor. The creditor can take ownership by filing a foreclosure or the creditor can agree to ownership which is called a "deed in lieu". Nothing can force the creditor to take ownership.... Read More

The filing fee for a Chapter 13 is $310.  If you are asking what attorneys fees are, that depends on a number of factors.  Most bankruptcy attorneys charge the same amount for the initial components of a Ch. 13 case.  Part of those fees can be taken from your monthly plan payments.  So the real issue is how much you need to pay prior to filing your case, and that will depend on what your plan payments are going to be. Calculating your plan payments is extremely complex and requires an experienced bankruptcy attorney to do the analysis after being provided with all the necessary information on your income, expenses, assets and asset values, debts and other data.  If you reside in Los Angeles, Ventura, Santa Barbara, or Orange counties, I would be happy to give you a free consultation to go over your options and answer your questions.   If interested, click here to prepare for and schedule an appointment.... Read More

Why was it closed without discharge?  Typically the reason is a failure to complete and timely file the certificate for the post-filing Financial Management Course.  In that case, you can file a Motion to Reopen the case to file the certificate and have the discharge entered.   If that was the reason,  I can handle that for you.  The cost is $900 which includes the filing fees. If it was closed for some other reason, I would need to know the reason in order to advise what to do.  ... Read More