Hawaii Bankruptcy Legal Questions

I'm not exactly sure what you mean by "clear your debt".  If you're asking how long it takes to receive a discharge in a bankruptcy case, it depends on which Chapter you file. Chapter 7 usually takes approximately 4-5 months from filing to discharge.  Chapter 13 takes anywhere from 36-65+ months depending on the length of your Plan.  Chapter 11 depends on the length of your plan as well as the terms of your plan and when substantial consummation occurs. 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

It depends on which chapter you filed, which you have not disclosed for some reason. If a lender is willing to lend you money, then you can take out a loan.  However, in most Chapter 13 cases, you cannot borrow beyond a certain amount without court approval. You have a bigger problem, in my opinion, however.  You filed a bankruptcy presumably to eliminate your debts.  Then less than a month after, you borrowed more money, and now you want to take out another loan to pay off those loans.   You are in a never-ending cycle that bankruptcy cannot fix for you.  You need to really sit down with someone who can help you understand how to manage your finances (such as an accountant, financial planner, etc.), or you will be chasing your financial tail the rest of your life. 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

The property settlement payments to you are "protected" as long as your ex doesn't file a Chapter 13 case.  The only way to make sure they're not dischargeable in all bankruptcy chapters is to get a court order deeming them to be part of your (or your childrens') support. 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 you can keep assets in a Chapter 7 case depends on their value, the amount of liens against them, and the exemptions you have available under applicable law. Exemptions are "protections" for value you have in certain assets such that they are "exempt" from collections.  Every state has different exemptions amounts. 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. For more information, you need to have a consultation with a bankruptcy attorney in your area. 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

Sure, but the income you receive will need to be disclosed and likely turned over to the Trustee to pay your creditors, depending on how your plan is structured and what the courts in your area require. 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

No, if the debt was written off in the Chapter 7 Bankruptcy, making later payments doesn't create a new debt. The fact he did not reaffirm the debt, but continued to pay doesn't effect the discharge. You may have a case for a new law suit, but as it was discharged in the Bankruptcy Filing, I doubt you would win such an action. Joseph F. Botelho, Esq. BOTELHO & ASSOCIATES, LLCAttorneys At Lawwww.massachusettslawyeronline.com 126 Shove Street Unit 202 Fall River, MA 02724 Office: 888-269-0688Cell: 508-801-6747FAX: 877-475-8147 TWITTERFACEBOOK  ... Read More

To stop the 'harassment' by the creditor, you can write a cease & desist letter, demanding the creditor stop contacting you. Some creditors stop contacting debtors, some don't. In the end, it is very likely that the creditor will file a lawsuit against you to obtain a judgment, so the creditor can garnish wages and/or accounts. Available options: work a settlement with creditor, if possible, to avoid a judgment and garnishment. Bankruptcy could be an option - that would force the creditor to stop contacting you as soon as the bankruptcy petition is filed.... Read More