Montana Bankruptcy Legal Questions

I'm not sure I completely understand your question.  Are you asking if either or both of you NEED to file bankruptcy, or how to go about filing bankruptcy for each of you? To file a bankruptcy case, the first step is to have a consultation with an experienced bankruptcy attorney in your area.  They can advise on your options, eligibility, and alternatives to bankruptcy as well as to ultimately evaluate whether bankruptcy is a good option for you. If you both need to file bankruptcy, they would need to be separate bankruptcy cases since you are not married. 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

If you're filing pro se you are responsible for knowing all the Local Bankruptcy Rules, Federal Rules of Bankruptcy Procedure and the Bankruptcy Code.   If you do not meet the deadline, your case will be dismissed.   If your case is dismissed, you can re-file your case, but if you do so within one year, the automatic stay--which prevents creditors from taking collection actions against you-- will only be in effect for 30 days in your new case.   You can file a Motion for Extension of time to file your schedules, but you need to comply with the procedures of your court's local rules as well as the Bankruptcy Code in filing, serving and setting a hearing on the Motion, if necessary. 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

Are you in Austin or nearby area? If so, you should see an Austin bankruptcy lawyer before proceeding with the sale of the home. The best estate planning you could do for them might be to file bankruptcy and then sell the home. The availability of the homestead exemption might be clouded by the fact that they are now residing in assisted living. Proceed cautiously.... Read More

If his name is not on title to the vehicle, then he has no ownership interest in the vehicle and it need not be listed.  If he is making payments on the vehicle, however, then you must disclose to whom the payments are being made, and why.  It sounds to me like he is leasing the vehicle from you, so you should have a separate lease agreement with him for that purpose. 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

If you signed the cardholder agreement, and your fiancee is merely an authorized user, then you are (pursuant to applicable state law) 100% liable for the debts on that card.  Your fiancee may owe YOU for the money he charged on your card and he may also owe discover card for the charges he made and signed for.  But none of that changes YOUR liability. If he files a bankruptcy case, and receives a discharge of his debts, it will do just that:  discharge HIS obligation to pay on his debts.  You will remain liable for any debts you were liable for prior to that. 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

Retirement accounts are exempt in bankruptcy regardless of what other assets you have. 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 exactly sure what you're asking when you say "put everything together."  Are you talking about filing an emergency petition without any of the schedule or statement of financial affairs?  If so, you must file any remaining documents within 15 days unless you obtain an extension from the court.  If you don't, your case will be dismissed. 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 cannot answer your Question as it is beyond the areas of law in which I practice. In addition, it does not fit within any of the Law Categories you chose, which were DEBT RESOLUTION, EMPLOYMENT, INJURY. You may want to talk to a local aid agency to see if they could be of assistance. You might also try locating an attorney who handles cases involving governmental benefits, specifically food stamps.... Read More

If a creditor could do that, there would be no purpose at all to filing a bankruptcy case.  If the debt was discharged, then the creditor is prohibited from collecting on the debt.   If you listed the creditor properly (and, if it was a "no-asset" Chapter 7 case, even if you did not list the creditor) and the creditor did not successfully litigate an objection to discharge of the debt, then you were discharged from that debt and they cannot collect. If they do try to collect under those circumstances, you can seek contempt of court sanctions against them under section 524 of the Bankruptcy Code. 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

If a bankruptcy case is dismissed, that means that a discharge was not granted and therefore everything is the same as it was before the bankruptcy case was filed, and creditors (those who are owed money by the debtor) can seek to collect pursuant to applicable laws.  Whether or not the creditor "disputed" anything during the bankruptcy case is irrelevant if the case is ultimately dismissed. 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

Your question doesn't make sense the way it is stated.  A debtor is a party who files a bankruptcy case.  If the bankruptcy case is dismissed, that means that a discharge was not granted and therefore everything is the same as it was before the bankruptcy case was filed, and creditors (those who are owed money by the debtor) can seek to collect pursuant to applicable laws. Also, if the debtor is owed money by someone, he/she can collect on any debts that are owed to him/her through proper legal processes. 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

Credit reports are not subjective.  They state facts.  As long as the facts are true, or not stale, they pretty much get on the report.  The fact your personal obligation to repay the debt secured by the real estate has been discharged doe not change the fact that the bank has a debt that is still secured by the real estate.  When they take action, it will, no doubt, be put on your report.... Read More

It depends on how much, if any, equity there was in the property when you gifted it to your son and whether or not you were insolvent at the time.  In general,  a transfer of property without receiving reasonably equivalent value in exchange, is a "fraudulent transfer" under both federal and most state's laws.   Thus, if there was equity in the property and you were insolvent at the time of transfer, then if you file a Chapter 7 case, the Trustee could sue your son to recover the value of the property transferred. 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