×
Go back to Martindale-Avvo ➔

Nebraska Bankruptcy Legal Questions

Want a good answer? Ask a thorough question starting with "Who, What, When, How, Will I or Do I".
Then, add details. This will help you get a quicker and better answer.
Question field is required
Explanation field is required
A valid US zip code is required Validating the Zip Code.
Question type field is required
Question type field is required
1
Ask a Question
2
Details
3
Submit
1
Ask a Question
2
Submit
Fullname is required
A valid email address is required.
Receive a follow-up from lawyers after your question is answered
A valid phone number is required
Select the best time for you to receive a follow-up call from a lawyer after your question is answered. (Required field)
to
Invalid Time

*Required fields

Question
Description
By submitting your question, you understand and agree to the Terms and Conditions and Privacy Policy for use of the site. Do not include any personal information including name, email or other identifying details in your question or question details. An attorney-client relationship is not being established and you are not a prospective client of any attorney who responds to your question. No question, answer, or discussion of any kind facilitated on this site is confidential or legal advice. Questions answered are randomly selected based on general consumer interest and not all are addressed. Questions may display online and be archived by Martindale-Hubbell.
50 legal questions have been posted about bankruptcy by real users in Nebraska. 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.

Can the Registry of Contractors hold me liable for a debt that was charged off?

Answered 11 years and 5 months ago by Dorothy G. Bunce (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Bankruptcy
A debt that is charged off is only a debt that is seriously delinquent. Use of the phrase ?charge off? does not mean you don?t owe the debt. In addition, if you had discharged this debt in a bankruptcy, the Contractor?s Board can pull your license if you don?t make good on debts to suppliers, so whether you chose to pay depends on how important it is to you to maintain your professional credentials.... Read More
A debt that is charged off is only a debt that is seriously delinquent. Use of the phrase ?charge off? does not mean you don?t owe the debt. In... Read More

If I file a bankruptcy by myself, can I use the 704 exemption, and double its value, to protect the $26k (or would it be the 29k)?

Answered 11 years and 6 months ago by Ronald Karl Nims (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
Why did you post this on an Ohio bankruptcy site? The 704 exemption is California law not Ohio law. I'd need to know a lot more about your situation before I could make a recommendation for you but the 704 exemption (doubled for marriage - assuming that applies to you, it might not) will only protect $22,000 of the cash value - the trustee will force you to sell the policy for get at the $4,000 above the exemptions. But the 703 exemption might protect the whole value.... Read More
Why did you post this on an Ohio bankruptcy site? The 704 exemption is California law not Ohio law. I'd need to know a lot more about your... Read More

Can I put off being evicted if I file for bankruptcy?

Answered 11 years and 6 months ago by Ronald Karl Nims (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Bankruptcy
Yes, it would stay tomorrow's trial but it could be brief. If you're a tenant at sufferance, you don't have a lease and the landlord can end your stay at any time, so you'd only gain a couple weeks.
Yes, it would stay tomorrow's trial but it could be brief. If you're a tenant at sufferance, you don't have a lease and the landlord can end your... Read More

How do I protect a separated spouse's assets in bankruptcy?

Answered 11 years and 6 months ago by Richard N. Gonzales (Unclaimed Profile)   |   10 Answers   |  Legal Topics: Bankruptcy
Be prepared to pay a very experienced attorney for his or her advice. Your question is fraught with issues, but they can be overcome.
Be prepared to pay a very experienced attorney for his or her advice. Your question is fraught with issues, but they can be overcome.

Will getting married on the day I filed for bankruptcy affect the outcome of my bankruptcy?

Answered 11 years and 6 months ago by Ms. Susan Green Taylor (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Bankruptcy
Do you have a lawyer? Primarily, both incomes (if you both work) must be considered on Schedule I, even if not on the means test.
Do you have a lawyer? Primarily, both incomes (if you both work) must be considered on Schedule I, even if not on the means test.

If I file for bankruptcy will it affect my wife?

Answered 11 years and 6 months ago by Joseph Francisco Botelho (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
No, if you file for bankruptcy and you do not file jointly with your wife, your bankruptcy will not affect her at all. There are some considerations though that you should consider. If you jointly have any debt with your wife, your bankruptcy will not wipe out your obligation to pay. If you own a home with your wife and she is on the mortgage, your bankruptcy will not remove her obligation to pay. Most married couples have joint debt, filing bankruptcy of one spouse while not filing for the other, does not actually get rid of the debts of the couple it only remove the obligation to pay for the person who file for bankruptcy. But your wife's credit history report will not be affected by your bankruptcy, by a joint debts will not be discharged from her credit history report either. 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 #bankruptcy  #lawyer  #FallRiver  #Chapter7  #chapter13  #debt  #debtsettlement  #foreclosure  #attorney   #cantpaybills  #lawsuit  #court  #bankruptcycourt  #eviction  #lostmyjob... Read More
No, if you file for bankruptcy and you do not file jointly with your wife, your bankruptcy will not affect her at all. There are some considerations... Read More

What can happen to my sister if she fraudulently applied for credit cards and is not able to pay them back?

Answered 11 years and 6 months ago by Richard N. Gonzales (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Bankruptcy
She should be okay. Hire a very experienced BK lawyer. I would suggest a Chapter 13, but I would need more information. Good luck!
She should be okay. Hire a very experienced BK lawyer. I would suggest a Chapter 13, but I would need more information. Good luck!

What is the bankruptcy rule for marital property?

Answered 11 years and 7 months ago by Bruce Chandler Barnhart (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Bankruptcy
A bankruptcy discharges liabilities of the party filing bankruptcy. If your spouse filed an individual bankruptcy, her bankruptcy would have discharged her liabilities, but not your liabilities. If you are liable for one of her debts, the creditor may sue you.
A bankruptcy discharges liabilities of the party filing bankruptcy. If your spouse filed an individual bankruptcy, her bankruptcy would have... Read More

What is the bankruptcy rule for marital property?

Answered 11 years and 7 months ago by Mr. Daniel J. Winter (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Bankruptcy
You need to call a lawyer here in Illinois. Bankruptcy filing only eliminates that person's liability, not the spouse's. You may need to file for bankruptcy as well.
You need to call a lawyer here in Illinois. Bankruptcy filing only eliminates that person's liability, not the spouse's. You may need to file for... Read More

Can a credit union garnish your wages for an unpaid signature loan?

Answered 11 years and 7 months ago by Alan Emmerson Ramos (Unclaimed Profile)   |   12 Answers   |  Legal Topics: Bankruptcy
They can if they obtain a judgment in court.
They can if they obtain a judgment in court.

Can a credit union garnish your wages for an unpaid signature loan?

Answered 11 years and 7 months ago by Nicholas Carlos Best (Unclaimed Profile)   |   12 Answers   |  Legal Topics: Bankruptcy
If they sued you and obtained a judgment for it... yes.
If they sued you and obtained a judgment for it... yes.

Can a credit union garnish your wages for an unpaid signature loan?

Answered 11 years and 7 months ago by Ralph L Williams (Unclaimed Profile)   |   12 Answers   |  Legal Topics: Bankruptcy
Yes, but this must have obtained a money judgment from the Court first.
Yes, but this must have obtained a money judgment from the Court first.

Can a credit union garnish your wages for an unpaid signature loan?

Answered 11 years and 7 months ago by attorney Stuart M. Nachbar   |   12 Answers   |  Legal Topics: Bankruptcy
Yes they can.
Yes they can.

Can a credit union garnish your wages for an unpaid signature loan?

Answered 11 years and 7 months ago by Seth A. Schoenfeld (Unclaimed Profile)   |   12 Answers   |  Legal Topics: Bankruptcy
Yes, if they get a judgment.
Yes, if they get a judgment.

How do you obtain a no position letter to purchase a vehicle and what criteria needs to be met?

Answered 11 years and 7 months ago by Richard N. Gonzales (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
I have never heard of that document.
I have never heard of that document.

How do you obtain a no position letter to purchase a vehicle and what criteria needs to be met?

Answered 11 years and 7 months ago by Ronald Karl Nims (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
Apply for the letter from your Chapter 13 trustee. The criteria differ from trustee to trustee, the best way to find out is to consult your attorney.
Apply for the letter from your Chapter 13 trustee. The criteria differ from trustee to trustee, the best way to find out is to consult your attorney.

How do you obtain a no position letter to purchase a vehicle and what criteria needs to be met?

Answered 11 years and 7 months ago by Bruce Chandler Barnhart (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
In Nebraska, you need to court approval to borrow money for the purchase or lease of a vehicle. Contact your attorney for the filing of a motion to borrow for the purchase of a vehicle.
In Nebraska, you need to court approval to borrow money for the purchase or lease of a vehicle. Contact your attorney for the filing of a motion to... Read More

What criteria needs to be met to obtain a no position letter to purchase a vehicle?

Answered 11 years and 7 months ago by Dorothy G. Bunce (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
I would need to have some context to answer your question. Are you currently in an active bankruptcy? If so, what chapter and how long has your case been active? These details do make a difference in how you would proceed.
I would need to have some context to answer your question. Are you currently in an active bankruptcy? If so, what chapter and how long has your... Read More

What happens after the mortgage has been paid in full after a Chapter 7?

Answered 11 years and 7 months ago by Dorothy G. Bunce (Unclaimed Profile)   |   9 Answers   |  Legal Topics: Bankruptcy
Really? You think that the mortgage has been paid in full because your obligation to pay it has been discharged? This isn?t Christmastime & somehow you think Santa has paid off your mortgage? If people got a free house by filing bankruptcy, why wouldn't everyone file bankruptcy? Now that I have dumped a bucket of water over your head, understand that although you don?t owe anything on the mortgage, the property does owe the debt. Don?t pay the mortgage and the property pays with its title going back to the lender through foreclosure.... Read More
Really? You think that the mortgage has been paid in full because your obligation to pay it has been discharged? This isn?t Christmastime & somehow... Read More

Is there hope for closure in a chapter 7 bankruptcy?

Answered 11 years and 7 months ago by Dorothy G. Bunce (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Bankruptcy
If you are talking about your tax refund, the Trustee can take all tax refunds owed to you on the date you filed, just as if it was money in a savings account. If the Trustee gets more than one tax refund, it is because YOU DIDN'T FILE YOUR TAXES ON TIME. In any event, why would you continue to over withhold taxes from your pay?... Read More
If you are talking about your tax refund, the Trustee can take all tax refunds owed to you on the date you filed, just as if it was money in a... Read More

Can I sell my house if I did not sign a reaffirmation on it after chapter 7 bankruptcy discharge?

Answered 11 years and 7 months ago by Richard N. Gonzales (Unclaimed Profile)   |   15 Answers   |  Legal Topics: Bankruptcy
Yes. But the lien may still need to be paid. You have no PERSONAL liability, but the lien is still valid (barring other possible defenses, like the statute of limitations).
Yes. But the lien may still need to be paid. You have no PERSONAL liability, but the lien is still valid (barring other possible defenses, like the... Read More

Can fraudulent punitive damages be dismissed in a bankruptcy?

Answered 11 years and 9 months ago by attorney Stuart M. Nachbar   |   8 Answers   |  Legal Topics: Bankruptcy
No. Probably not.
No. Probably not.

Can fraudulent punitive damages be dismissed in a bankruptcy?

Answered 11 years and 9 months ago by John F. Brennan (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Bankruptcy
Usually not but an attorney would have to examine the details.
Usually not but an attorney would have to examine the details.

If I am at Bankruptcy 13, which I filed for myself only last 11/09, and two months ago, I got separated with my husband what should I do?

Answered 11 years and 11 months ago by Richard N. Gonzales (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Bankruptcy
Someone should keep making the payments so you receive your discharge at the conclusion of the case.
Someone should keep making the payments so you receive your discharge at the conclusion of the case.

If I am at Bankruptcy 13, which I filed for myself only last 11/09, and two months ago, I got separated with my husband what should I do?

Answered 11 years and 11 months ago by Jeffrey P. Heineman (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Bankruptcy
You should speak with your attorney or pay for a consultation. Without knowing more about your assets, debts, and what you are in a Chapter 13, you may or may not want to dismiss it. However, if you are simply a Chapter 13 due to your joint income, then you very likely will want to dismiss.... Read More
You should speak with your attorney or pay for a consultation. Without knowing more about your assets, debts, and what you are in a Chapter 13, you... Read More
Bankruptcy
Nebraska

Helpful Resources