Vermont Bankruptcy Legal Questions

It depends on which bankruptcy chapter you file and the exemptions available under applicable laws pertaining to your case. Exemptions are "protections" for value you have in certain assets such that they are "exempt" from collections.  Every state has different exemptions amounts available. 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.  In a Chapter 7 case, the Trustee can sell any assets that are not fully exempt.  In a Chapter 13 case you keep control over all your assets and do a repayment plan to your creditors. You should consult with a 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

You can file another Chapter 7 case now, assuming you are eligible (pass the means test, etc.).  But chapter 7 is not a temporary thing.  You can't back out once it is filed.  Sounds to me like you want to do a Chapter 13 case where you can seek to dismiss your case should you decide you no longer need it.   You should consult with an experienced bankruptcy attorney in your area to evaluate your options. 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

debt negotiation with your creditors is certainly one avenue to explore, but you are in a prime position, due to your income,  to file another bankruptcy case at this time, so you should also have a consultation with a bankruptcy attorney in your area to see if it makes sense to file another one at this time. 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

There is too much information missing to answer your question, but the short answer is that there is no limit to the number of times a person can file bankruptcy.   There is, however, a limit to whether one can receive a discharge in a bankruptcy case depending on if one was received in a prior filed case, and when that prior case was filed. See my recent article on how many times you can file a bankruptcy and how long in between each one you need to wait. Without knowing what chapter your prior case was, whether you received a discharge, and what chapter you're contemplating filing now, it's not possible to more accurately answer your question. As far as what assets you will or won't lose, that depends on which Chapter you file, the value of the assets, and what 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 available. 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. ) 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 your son has completed his 10th grade, the school should provide him with his official transcript. Regardless if there is money due, the school cannot hold up your child's education due to an unpaid bill. They can go after you for the legal fees, but would be unjust to hold back the transcripts. Although you may have to take them to court to get them to move forward in providing the transcripts, legally the transcripts are for educational purposes and to demonstrate what your child has done in school on an official level, they're not to be used as blackmail to keep until you they receive payment. Your ex-husbands chapter 7 bankruptcy filing should not interfere with you receiving your child's school transcripts, even if there is still money owed. Although if the contract you signed with the private school when enrolling your child did have a stipulation that they could withhold transcripts until all monies due are paid, this may stop you from receiving the transcripts until the debt is paid. I have responded to your inquiry according to the laws of Massachusetts, where I practice. 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 & ASSOCIATES, LLCAttorneys At Law www.massachusettslawyeronline.com 126 Shove Street Unit 202 Fall River, MA 02724 Office: 888-269-0688Cell: 508-801-6747FAX: 877-475-8147 Twitter Facebook  ... Read More

To answer your question more correctly, I'd like to ask a few questions first. Do you know if they file chapter 7 bankruptcy or chapter 13 bankruptcy, your question really doesn't refer to it and from your question sounds like bankruptcy hasn't received yet. If the bankruptcy does proceed they've surely will put what they owe you on their bankruptcy and what they owed you will be discharged in a chapter 7 bankruptcy. Since this is a timeshare and nine actual piece of property that you own, you should really contact the company that sold you the timeshare. A timeshare is not a legitimate interest in a piece of property, you don't partially own it, it's just renting. I have responded to your inquiry according to the laws of Massachusetts, where I practice. 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 & ASSOCIATES, LLCAttorneys At Law www.massachusettslawyeronline.com 126 Shove Street Unit 202 Fall River, MA 02724 Office: 888-269-0688Cell: 508-801-6747FAX: 877-475-8147 Twitter Facebook  ... Read More