Bankruptcy Legal Questions

What is better for you depends on all of the facts of your situation.  Most bankruptcy attorneys provide a free consultation to qualified clients.  If you are in the Sacramento Metro area where I work, you can call me to discuss your situation.  I offer a free 2 hour consultation for Chapter 7 bankruptcy.  Once you know the pros and cons you can make a knowledgeable decision about what is best for you.  Gerald White, Certified Specialist in Bankruptcy Law, Folsom, CA 916-985-3330... Read More

Yes, you have a right to file for bankruptcy as long as you can meet the residency requirements.  Many of my clients have filed just to get rid of large credit card debt.  First thing, stop paying those credit cards--you're flushing money down the toilet.  Also, if you have a credit card at the bank at which you have a bank account, change your bank account because the bank will clean out your checking account to pay for the credit card.  ... Read More

You qualify for Chapter 7 based upon the income you stated, and you should consider filing bankruptcy jointly if both of you have debts you can no longer afford to pay. In addition, if only one of you files bankruptcy, there is a possibility the emdical providers will continue to pursue the other spouse because in NC you are liable for medical debt incurred by your spouse if that was for "medical necessaries". The specifics depend upon whose name the cars are in and a few other factors. It's also a way to save money, because the court costs are the same whether ine spouse files alone or both spouses file together. You should have a personal consultation with a qualified consumer bankruptcy attorney because it is impossible to give completely accurate information on an online message board. An attorney will be able to make sure there would be no issues. Many offer free consultations.... Read More

You should contact your attorney.  If your case is alraedy filed, in most cases, a debtor should not purchase any property, including a vehicle, until the trustee has reviewed the case and issued a Notice of No Assets in the case.  In most cases, debtors will not be able to bet financing from a lender until they have their discharge.   If you have not filed yet, you definitely need to speak with your attorney before puchasing.  Purchase of a new vehicle could cause a delay in when you are able to file by up to 6 months. ... Read More

There should be no need for you to refinance.  Secured debt that is not reaffirmed, such as a mortgage, should reflect on your wife's credit report as 'included in bankruptcy' and show a $0 balance, and not drop off her credit for approximately 7-10 years.  She should dispute the reporting online with the credit bureaeus if this is not how it is being reported.  Some companies will delete the reporting all together but that is not required.   Anyone running her credit for the pupose of obtaining a mortgage should understand the non reaffirmed debt reporting and understand that she is not responsible for the debt.  She will likely have to provide a copy of the discharge order and possibly a copy of the petition and Statement of Intent which states her surrender of her interest in the property/mortgage.... Read More

Your nephew can provide proof of his legal ownership of the house to the mortgage company and submit a request for a loan modification. There is a standard form called a "request for assistance" that needs to be filed. I recommend that he contact a nonprofit housing agency for help. He can find one in his area by going to this web site: https://apps.hud.gov/offices/hsg/sfh/hcc/hcs.cfm?webListAction=search&searchstate=nc (copy and paste into your browser). I wish him the best of luck. He can take over the Chapter 13 Plan payment as well if the case has not yet been dismissed. He would need help from a consumer bankruptcy attorney for that. He can find a qualified one at https://www.nacba.org/find-an-attorney/ (copy and paste into your browser). I wish him the best!... Read More

Your grandmother is still liable on the loan.  If you decide to surrender the vehicle, you discharge your own liability, but unfortunately, not your grandmother's liability.  If you decide to keep the vehicle and keep paying the loan, then the loan company will not attempt to collect against the grandmother as long as you are paying the loan.  You should speak with an attorney in your geographic area about this.... Read More

Your eviction judgment for money owed will be included in your Chapter 7 bankruptcy along with all of the other debts that you owe. Unfortunately, some corporate landlords refuse to rent to potential tenants who recently filed Chapter 7. In addition, the fact that you were sued for eviction (as opposed to the fact you owe money on the judgment) may still appear on tenant screening reports. It will take some time and an understanding landlord, but you should be able to find a place to rent. Be up front about the situation and ask prospective landlords if they will rent to someone who has a Chapter 7 and eviction on their record before you pay an application fee. Many times you may be allowed to rent, but with a larger security deposit than someone with a better credit history. You should also take prompt steps to rebuild your credit after receiving your discharge. Please consult with an experienced consumer bankruptcy attorney for the specifics of your situation. Many offer free consultations. Good luck!   This is general advice only. I am not licensed in the Commonwealth of Virginia.... Read More

I suggest you call Legal Aid at 1 (877) 579-7562 or call an experienced consumer bankruptcy attorney for specific advice. Some attorneys charge less for elderly on a fixed income than others, so it's impossible to tell you anything specific here. It also depends upon what property you own and your specific facts.... Read More

Your personal obligation to pay the 2nd was discharged but it remains a lien against the property and can be foreclosed upon.  I see this happen when the lender thinks that there is enough equity to make it worhwhile.  The equity grows when the property appreciates in value over time or you pay down the balance of the 1st.  You should explore whether you are eligible to get a new 1st to pay off the balance of the 1st and 2nd.  Otherwise, if you contact the 2nd and alert them to the fact that there may be enough equity to foreclose, they may decide to do so and, if you can't refinance, you may need to sell the property.... Read More

If your plan did not propose to treat the debt as unsecured because there was equity to secure it, your are correct that it was not discharged.  If it was not discharged then you remain liable on this loan the same as if you never filed bankruptcy.  As such, it is not necessary for the lender to give you the bankruptcy statement.  When the loan comes due they have the right to foreclose on the property, so you may need to refinance the loans or sell the property to avoid foreclosure. ... Read More

Good morning. I am sorry for the financial trouble you've experienced. Fortunately, a chapter 13 bankruptcy might help in your situation. Depending on the amount of the lien, you might qualify for a payment plan to repay the IRS debt during your case. Credit cards and many other debts may also be included.  A chapter 13 repayment plan typically ranges from 3 to 5 years.  They are complex, so you will need a bankruptcy attorney to sit down and assess the overall feasibility of your options under the bankruptcy code.  Regardless of whether you file bankruptcy, I hope things improve for you.  Best of luck to you and your family. ... Read More

There is not enough information to answer your question here.  How was the lien to Real Time Resolutions created?  Was this a judgment lien, or a voluntary lien you placed on the property? If it was a judgment lien and it existed on the date your Chapter 7 case was filed, then you may be able to seek to reopen your case to avoid the lien.  But you will need to obtain a valuation of your property as of the date your case was filed, and the balances owed to all other mortgages and liens against the property at that time.   Avoidability of the lien is a mathematical calculation and we need these specific numbers to do the calculations. If your bankruptcy case was filed in the Greater Los Angeles Area, I can assist with this.  You can contact me to go over your options at https://www.bklaw.com/contact/    ... Read More

I am a bankruptcy attorney.  You shouldn't do anything to hide assets because that's one of the first questions the bankruptcy trustee will ask you, and you must tell the truth.   Hiding assets is one of the first things that causes FBI investigation on bankruptcy fraud.  I don't know the worth of the Cryptocurrency but know that it fluctuates daily.  Some assets are exempt from bankruptcy such as retirement funds, etc.  Above that is a wildcard of $23,250 California property exemption.  On the personal loans, yes, you must list all of your assets and debts even the personal loans.  However, there is nothing against the law for you to pay them after the bankruptcy discharge (or case closes).  Please know that you cannot selectively pay your debts before filing without paying the others.  It's called giving preference to some creditors and that's a no-no.  Good luck!  ... Read More

Under 1128 U.S.C. 1408, you should be domiciled in the state where you wish to file. Normally, this means you should reside in Florda for at least 180 days before you file for bankruptcy.  However, there are exceptions, some of which are discussed in Section 1410.  Therefore, you should likely contact a bankruptcy attorney, discuss your situation, and determine whether you qualify under an applicable exception.  Most bankruptcy attorneys offer free consultations.  I hope you obtain answers soon, and I wish you the best of luck!... Read More

No. There is no minimum or maximum amount to file for bankruptcy.  That's a very personal decision, meaning "it depends."  Some people's credit is smashed already in the 500's and filing bankruptcy would not hurt them any further, but they want to get rid of the debt.  Some people and cultures refuse to file bankruptcy and will struggle for years to pay off their debts.  I just had a gentleman who filed bankruptcy for the third time.  After two years, he gets credit, builds up debt and then files bankruptcy.  Donald Trump has filed four to six bankruptcies.  ... Read More

Something doesn't seem right about your post so you should really consult with a local bankruptcy attorney.  Many bankruptcy attorneys offer free or reduced rate consultations.  Or, if you hired an attorney for your Ch13 case, you should ask them the significance of any language used at a hearing.  The entire goal of a bankruptcy case is to get a discharge, even in a Chapter 13 case as debtors often don't pay their debts in full.  If you didn't in fact get a disccharge, then you are still liable to pay any remaining amounts on those debts.  The significance of any previously filed cases should have been discussed earlier by the Trustee and the Judge.  This aspect of your post seems strange.  Closing your case as satisfied without a discharge sounds very odd.  ... Read More

I'm sorry to hear you are having trouble with your attorney. Personally, as an attorney, I am embarassed that an attorney is ignoring their client. I, nor any other attorney, that has read the facts you present, can competently answer your question. That said, may I suggest you contact the WI Bar and ask them to call your attorney on your behalf to have your attorney return your call. Further, you could contact the court clerk, ask the clerk to schedule a status conference with the judge and let the judge know of your problems. Good luck! ... Read More