Carl G. Archer's Answers

Is it necessary to amend the bankruptcy schedule to list any new debts incurred during bankruptcy and before the case was final?

No. Just be aware that any debts incurred post petition will not be discharged.

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How long do I have to file an appeal in a Chapter 11?

Is this for an 11 or a 13? If it's for an 11 you most likely should have a lawyer (unless it's an individual 11, and those are not common). If it's for a 13 you should find yourself a lawyer because appellate work is tricky and it might be your last chance to correct a ruling you think is in error. To answer your questions, you file the notice of appeal on the docket, and then proceed with the appeal. If you are out of time you can ask for them to consider your appeal out of time but it's...

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Chapter 7 Valuation of Home

I agree with the prior attorney's answer, but I would just add it may be worth trying to find out if it's not too late to move to a Chapter 13 bankruptcy if you want to keep the home.

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Can I include the lawyer's fee in the bankruptcy filing?

This is theoretically possible in NJ. However, no competent lawyer would allow this to happen because once a debt is discharged you no longer have a contractual duty to pay it. If you hear from a lawyer who will take anything less than full payment before filing the case, either it's a scam or the lawyer has no idea what they're doing. Run, don't walk, away.

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What gonna happen to my income tax refund after I file for bankruptcy?

It is entirely possible, but not a certainty. An attorney would need to review your paperwork to give you any certainty on the matter.

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How do i get a POA for mom to sell assets, dad has dementia. can she legally do this without him?

I think you're asking us whether Mom can get a POA so she can sign on behalf of Dad and transfer assets. I gather by the way you've described your father that you don't think he has the capacity to understand what is going on, or what he would be signing. What you're proposing, then, is at best highly questionable and risky activity, and at worst it is outright fraud which could lead to civil or criminal liability. You may be able to utilize a guardianship proceeding to get done what you...

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Bankruptcy - Recording at bankruptcy meetings

I believe, as with other taped proceedings that may end up with a transcript, that you can request the transcript from the Clerk's office. I speculate that the procedure varies from court to court, but that they would know primarily what to ask you for, and how much it would cost, among other details.

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Reopening a bankruptcy? Can it be done?

The previous answer is correct. It might be worth having an attorney look over any papers you have from your first bankruptcy just to make sure, just in case you don't know what to look for or if someone is trying to enforce a debt from back then.

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I need to file a chapter 7 and i feel like my case is so complicated but have no other way out.

While it is difficult to tell based solely on what you have said here I would imagine you could file a 7. The rules are complicated but bankruptcy attorneys are experts in navigating them. There is a good chance we could navigate the exemptions and disclosure requirements to your advantage. Many bankruptcy attorneys including myself offer free consultations- so if you contact one if us you should be able to find out for sure without charge.

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Bankruptcy Trustee's Request for Statements of Closed Bank Accounts

There is no way a lawyer could be expected to answer questions involving such variables without examining an entire file. It depends on the actual nature of the payments, who the trustee is, what they think is going on based on their questions at the 341 meeting, and other factors. If you're doing this alone you're wading into some awfully murky waters. Consult an attorney immediately.

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