We're in foreclosure and are no longer paying the mortgage. In filing Chapter 7, can we list the mortgage payment on Schedule J even though we're no longer paying the mortgage? Can we list any future expenses such as rents since we would have to b...
I have to respectfully disagree with my colleagues. Schedule J should disclose a listing of your actual expenses. Although an estimate of those expenses that are not always the same is appropriate, listing a "place holder" amount for an item you are not actually paying anything for is not appropriate. I would recommend listing the estimated rent in response to question number 24, as an expected increase in your expenses.See question
i owe 68,000.00 in parent plus student loans. I am currently paying $400 a month and they just raised the amount to $538. I receive a pension and social security.
Unfortunately, the Federal Government is, to my knowledge anyway, the ONLY creditor that can reach your social security benefits for repayment of a debt. These are otherwise protected forms of income. Your federal student loan obligation is treated the same as a federal tax obligation. My clients never like to hear this, but a deferral or income based payment plan are probably your best options; or your kid(s) might have to pay the bill themselves.See question
Who is responsible when an elderly person has accumulated a great deal of credit card debt. My mother has terminal cancer and we are trying to get her affairs in order.
This is more of an estate question than a bankruptcy or debt question. However, I can provide you with some information that I hope will be helpful.
The simple answer is "it depends". If your mom has assets that will be administered through probate, then her estate will be liable for the credit card debt. If not, then the debt is hers and passes away with her. Also, a surviving spouse who can show that the/she did not use or benefit from the credit card is also not liable for payment of the unsecured debt.
For a more complete answer, I recommend that you pose this question to an estate and trust attorney.
Good luck and I will pray for your family to stay strong and united though your mom's illness.
Karina LucidSee question
1. When filing jointly are the debtors required to take the credit couseling course together or seperately? Meaning two certificates submitted or one? 2. When calculating the payment arrangement for the Chapter 13 do most lawyers use a progra...
1. You actually need 4 certificates: 2 pre-petition credit counseling certificates (1 for each debtor); and 2 post-petition financial management course certificates (1 for each debtor)
2. There are guidelines but most bankruptcy attorneys use software. That said, the software makes assumptions that you often have to adjust for. It's not just a matter of "plugging in the numbers".
I hope this helps.See question
My SSDI check barely covers my normal living expenses ie., rent, food, eletric etc. My medical bills are out of control and I need to clear my debt. Most of my debt is medical. I've been disabled since birth (born with 2 forms of COPD. Had lobecto...
Most attorneys will take a payment plan. However with only SSDI income and no real property or other assets, you should qualify for pro bono, free, legal assistance thought LSNJ.ORG.
Good luck!See question
My husband and I are looking to file for bankruptcy.
You should make sure that whoever you call offers a free initial consultation. Also, be sure your attorney educates you as to the pro's and con's of filing for bankruptcy in order to be sure it is the right/best option for you.
Best of luck!See question
I hired a lawyer due to my Finical situation that has caused me to file a chapter 13 Bankcruptcy to get my family and I back on our feet. I paid over 900$ and I was told lies and misinformed about a number of things that never happen at all. Now h...
This question is an ethics or legal malpractice question, not a bankruptcy question. You should re-post under the appropriate topic and see if you can get advise from malpractice and/or ethics attorneys.
If you have question(s) specifically about your bankruptcy matter, please post those here. :-)
Best of luck!See question
and how long after that you have to move out of the house?
The short answer is that if you have already filed for bankruptcy and you have already been told the trustee intends to sell your house, the trustee has to now get a realtor and market the house. You will be notified of the contract with the realtor. The realtor has to be hired by the trustee which requires court approval. You will be notified of the "retention" of the realtor. When the trustee gets an offer she or he wants to accept, the contract has to be approved by the court. You will be notified of this as well. If the sale is approved you will receive notice of the proposed closing date. I'd say that's your last day to "move out" ... you have to be out by the closing. If you have questions along the way and you are not represented by counsel I suggest calling the trustee and seeing if they are willing to guide you a bit as a courtesy. If you have an attorney all of this information should come from your attorney.
Best of luck.
Karina LucidSee question
When I started my business I used personal credit but the business pretty much failed but I figured out to pursue something with a better prospect. My business is a corporation. My business is now making some money but I'm still not able to pay...
There are too many unknown factors to properly address your inquiry on this forum. An individual with primarily corporate debt can file an individual chapter 7, 11 or 13 case. It depends upon a large and varied number of factors which of these firms of relief, if any, is best and most appropriate for your personal circumstances. My guess is that you are confused because your situation has too many factors you are not equipped to assess properly on your own. I agree with those that have already posted answers and I would also recommend that you retain counsel for this. Most bankruptcy attorneys offer a free initial consultation. Perhaps you can choose one or two local attorneys and take advantage of the free consultation to help you decide.
Best of luck!
Karina Lucid, Esq.
1 car that has value of $8630-- ( column for Specify law providing each exemption ) 11 U.S.C. § 522(d)(2) , 11 U.S.C. § 522(d)(5), 11 U.S.C. § 522(d)(5), 11 U.S.C. § 522(d)(1) & ( column for Value Of claimed exemption ) Do I us...
Yes. You have to list each exemption separately.See question