Maine Bankruptcy Legal Questions

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9 legal questions have been posted about bankruptcy by real users in Maine. 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.

What can be done with a boat when the note has been discharged in bankruptcy, but the bank would not take possession?

Answered 11 years and 11 months ago by Joseph Francisco Botelho (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
What you can do with this boat is simply enjoy it. As you do not have the title, you do not legally own the boat. Since you do not legally own the bulk there is no legal way for you to sell it, give it away or even donated to charity. If I were you since you had registered in the past, you will be able to keep registering in the future without the title. But you will not be able to transfer it to anyone, under any circumstances. This is a secured debt and even though bankruptcy had discharge your obligation to pay the debt, it did not destroy the collateral interest the bank has in the boat. The bank would simply write this off as a loss and unless you pay the $4000 you owe they will not give you the title. So essentially you can either use the boat, take it apart and sell the pieces individually or you can scrap the boat, but under no circumstances can you attempt to transfer ownership to any other person or entity, even if it's in a charity. I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147... Read More
What you can do with this boat is simply enjoy it. As you do not have the title, you do not legally own the boat. Since you do not legally own the... Read More

how much does it cost to file for bankrutcy

Answered 12 years ago by Joseph Francisco Botelho (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
Here are the basic rates for Bankruptcy in Massachusetts, rememeber legal fees are generally higher in some states and lower in others, but filing fees never chnage. Chaper 7 filing fee = $306.00 Chapter 7 legal fees = $1,500.00 Chapter 13 filing fee = $281.00 Chapter 13 legal fees = $3,500.00   You will also have to take two courses (online, over phone or in person) Credit Counseling & Finacial Management = $10.00 - $25.00 per course.   Generally Chapter 7 Bankruptcy fees must all be paid for before you file. Chapter 13 Bankruptcy usually has 1/2 to 2/3 of fees upfront and the remainder can be paid off in the plan. I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147... Read More
Here are the basic rates for Bankruptcy in Massachusetts, rememeber legal fees are generally higher in some states and lower in others, but filing... Read More

Can I include my home in Chapter 7 and then not reaffirm the mortgage?

Answered 12 years and 9 months ago by attorney Bankruptcy Attorney Mark J Markus   |   1 Answer   |  Legal Topics: Bankruptcy
Yes.  The situation you describe is what 99% of people who file bankruptcy do.  Of course, if you have $25,000 in equity and do not have sufficient exemptions to protect that equity, the Trustee may sell your home in a Chapter 7 case. There is no requirement to reaffirm a mortgage in a bankruptcy case.  It is not necessary. See more about what happens to mortgage debts after bankruptcy.   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
Yes.  The situation you describe is what 99% of people who file bankruptcy do.  Of course, if you have $25,000 in equity and do not have... Read More

Can I file bankruptcy for student loans due to financial hardship?

Answered 13 years and a month ago by attorney Bankruptcy Attorney Mark J Markus   |   1 Answer   |  Legal Topics: Bankruptcy
I don't know about Obama's executive order, but you asked your question in the bankruptcy category, so I will tell you that student loans are only dischargeable in bankruptcy if you can prove, after trial, that repaying the loans would constitute an "undue hardship" on you and your family, as that term is defined by case law in your jurisdiction. You should consult with an experienced bankruptcy attorney in your area for more details. 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
I don't know about Obama's executive order, but you asked your question in the bankruptcy category, so I will tell you that student loans are only... Read More
I'm not sure what your question is, but you should have a consultation with a bankruptcy attorney in your area for more details on your options and eligibility. 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
I'm not sure what your question is, but you should have a consultation with a bankruptcy attorney in your area for more details on your options and... Read More
Yes, you can file bankruptcy in Maine if you have resided there for more than the last 3 months.  As far as "including" the condo, I don't know what you mean by "include".   You must list all assets and all debts in any bankruptcy case.   If you're talking about letting the condo be foreclosed on or otherwise sold and are asking whether any deficiency balance owed is dischargeable in bankruptcy, the answer is yes, but there may be tax consequences which should be analyzed before you take any actions such as filing a bankruptcy case. 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
Yes, you can file bankruptcy in Maine if you have resided there for more than the last 3 months.  As far as "including" the condo, I don't know... Read More
You need to have a consultation with a bankruptcy attorney in your area to find out the fees and what the costs and benefits are in your situation.  Most attorneys offer free initial consultations. 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
You need to have a consultation with a bankruptcy attorney in your area to find out the fees and what the costs and benefits are in your... Read More

Is there any way to protect inheritance?

Answered 14 years and 4 months ago by attorney Bankruptcy Attorney Mark J Markus   |   1 Answer   |  Legal Topics: Bankruptcy
It's not clear from your facts whether or not you have already filed a Chapter 7 case or not.  Either way, your inheritance is property of the bankruptcy estate.  I'm not well versed in special needs trusts, so I'm not exactly sure how that works, but whatever you are entitled to, the Trustee in your bankruptcy is entitled to (unless it is a spendthrift trust).   Disclaiming the inheritance is a possibility.  I would need to research that, and it may depend on whether you do it prior to your bankruptcy case being filed, or after. Stay on your attorney and if he doesn't get an answer for you, find someone else in your area that can help. Mark J. Markus, Attorney at Law Handling exclusively bankruptcy law cases in California since 1991. http://www.bklaw.com/ bankruptcy blog: http://bklaw.com/bankruptcy-blog/ Follow Me on Twitter:  @bklawr  ... Read More
It's not clear from your facts whether or not you have already filed a Chapter 7 case or not.  Either way, your inheritance is property of the... Read More
Probably not. I suggest you speak with an attorney who practices bankruptcy or family law in your state. Generally speaking, divorce decrees are honored by the bankruptcy courts.
Probably not. I suggest you speak with an attorney who practices bankruptcy or family law in your state. Generally speaking, divorce decrees are... Read More