Skip to main content
No photo

Theresa Homady’s Answers

10 total

  • Do I need a lawyer for filing ch 13,

    I was informed a paralegal can do it & achieve the same results

    Theresa’s Answer

    I suppose you could file a Chapter 13 for yourself or have a paralegal do it, but that is really a bad idea. The person who told you the results would be the same is no friend. Chapter 13 cases present challenges that just cannot be handled by a paralegal who cannot even go into court with you. Their sole role would be as a petition preparer. You wouldn't trust your life in the hands of your doctor's secretary or your car repairs to the kid who pumps gas, so why would you trust your financial health and life with someone who cannot even give you legal advice when the going gets rough. The minimum term for a Chapter 13 is three years, the maximum is five years, that is a long time to struggle with all the pitfalls that can occur in a Chapter 13 without good legal advice. Your money would be better spent by hiring a competent attorney who can get you through the system as smoothly as possible.

    See question 
  • I filed and recvd a disch Chptr 7 in 2003. I filed Chptr 13 in 2006 and intentionally dismissed this month.

    When will I be able to file Chapter 7 again? 8 years from my filing date of my first Chapter 7 which was filed in 2003? That would mean that I would be elilgible this month. Does the Chaptr 13 that was dismissed affect the waiting period? Pl...

    Theresa’s Answer

    Your eligibility for a new Chapter 7 would be 8 years from the date the first Chapter 7 was filed. The intervening Chapter 13 does not prevent that 8 years from running. However, if your 13 was dismissed for certain reasons, the court may have imposed a 180 bar to refiling, so check the dismissal order. The second thing you should know is that a motion will have to be filed to reinstitute your stay in the new Chapter 7 case, or it will expire 30 days after you file, which could have an adverse effect on your case. This issue requires a filing of a motion and the motion must be heard within 30 days of filing, not something easily done by a pro se debtor, so please consult a bankruptcy practitioner.

    See question 
  • My chapter 7 was discharged 3 years ago and unemployment said that i owed 3000 and it was my fault they said and i put them in

    my bankruptcy and they said the never got the papers so the put a tax lien on me after 3 years was it dischargeable or not they never said it wasnt

    Theresa’s Answer

    The overpayment of unemployment is generally dischargeable. If you make a claim for unemployment sometime in the future, they may try to set off the overpayment against that claim, but that can be challenged. You should contact your bankruptcy attorney or an attorney who does bankruptcy to contact the unemployment office and provide documentation of the bankruptcy, the fact that they were listed and, if not listed, the attorney can write a letter indicating the debt is discharged if this was a no asset Chapter 7 case. You must fight this as their position is just wrong. Just because this is a government entity, this does not make them right.

    See question 
  • What happens to the real estate that was included in the discharged Ch 7 bankruptcy? What will this look like on credit report?

    Could not sell house before bankruptcy was filed. Could not make any payments. House is still in my name. Got foreclosure papers recently.

    Theresa’s Answer

    If you did not reaffirm the mortgage debt during your Chapter 7 bankruptcy, your personal liability on the loan was discharged in your bankruptcy case. The lender can foreclose on the property, but cannot seek a deficiency judgment or costs against you as a result of the foreclosure action or a later deficiency if the lender sells the property for less than you owe. The Chapter 7 bankruptcy discharges your personal liability on all debts, even ones that are secured by property, so the lender only has the ability to take the property, but cannot seek reimbursement from you for any loss they sustain. However, if you reaffirmed your debt on the house, you assumed personal liability for the debt again. In that case, you should consult an attorney about your options.

    See question 
  • What happens to the deeds of the properties after the chapter 7 discharged? Can I file Ch13 on property that was retaine

    I filed C7 and discharged in VA in 06/09. Several properties were included. I kept one of them which I am now realizing was a mistake(not able to refi, mod loan). One was foreclosed on, one was short sold, and one is still sitting and deeded to ...

    Theresa’s Answer

    Generally, as long as you have not reaffirmed the Deed of Trust/Mortgage on this property in your bankruptcy, you can surrender it to the lender by signing a deed in lieu of foreclosure or allowing the bank to foreclose. Without the reaffirmation, you will have no personal liability relative to a deficiency if the bank sells the property for less than you owe on it, or for the costs of the foreclosure. However, if you did reaffirm, then that gives you personal liability again on the debt. You should make an appointment and speak to your bankruptcy attorney who can give you more specific information for your jurisdiction.

    See question 
  • Hi

    Hi, I filed bankruptcy in 2005 and it is all finalized. I still see the creditors on my credit report? Are they obligated to remove this since it is on my Bankruptcy? I am trying to get a house and this is making it all but impossible. Do you...

    Theresa’s Answer

    The creditors you discharged in bankruptcy can still appear on the credit report but must have a notation that there is a zero balance and the debt was discharged in bankrutpcy. They are not allowed to report a balance due after the bankruptcy discharge. You can dispute this with the credit reporting agency, and must send all information to them to support your position. They have 30 days to verify the information with the credit and let you know whether the trade line will be changed. If it is still there and reported incorrectly, I suggest you consult an attorney in your area who specilizes in the Fair Credit Reporting Act so he/she can take action on your behalf.

    See question 
  • How long after I and my soon to be ex-wife file the chapter 7 bankruptcy can i finalize my divorce from her?

    How long after I and my soon to be ex-wife file the chapter 7 bankruptcy can i finalize my divorce from her? We both agree to the bankruptcy and the divorce, so can we get the divorce done before the Bankruptcy is 100% finalized? I live in Pa.BTW

    Theresa’s Answer

    The answer to this will depend on whether there are assets that need to be distributed in the divorce. If this is just a divorce, with no equitable distribution claims (property claims), then you could probably finalize the divorce after the bankruptcy is filed but before it discharged. However, if there is property to be distributed or questions of alimony, then you cannot pursue the divorce action while in bankruptcy.

    See question 
  • Filed a 13 in 02 made a 7, discharged in 03. filed 13 again in 08 it was dismissed, tried a 7 trustee said it would dismissed

    Filed a 13 in 02 made a 7, discharged in 03. filed 13 again in 08 it was dismissed, tried a 7 May 09 trustee said it would dismissed. Can I convert back to a 13 before it is dismissed?

    Theresa’s Answer

    Since your Chapter 7 was filed more than 4 years ago, and your last Chapter 13 was dismissed without receiving a discharge, you could convert your present Chapter 7 to a Chapter 13. If your Chapter 7 has already been dismissed, depending on when in 2002 your Chapter 7 was, you could refile in 2010, after 8 years have passed since the filing of the first Chapter 7. The 8 years runs from date of filing to date of filing.

    See question 
  • What do mortgage lenders look at when homeowner is filing Chapter 13 and is in arrears? How do you get them to reaffirm?

    Sadly, first husband died. Got behind in mortgage. Just remarried (months ago) and he's working. So he has income. My grown daughter wants to move in to help as well. She, too has a good paying job. The two of us could carry the mortgage and daug...

    Theresa’s Answer

    Generally speaking, you do not want to reaffirm a mortgage in your bankruptcy case. Filing a Chapter 13 bankruptcy will allow you to propose a plan to help you catch up on your mortgage payments, as well as continue to make your regular monthly mortgage payments. Your plan will be for no less than 36 months and no more than 60 months, and usually the missed payments are added together and divided by the number of months in your proposed plan. For instance, if you are $5000 behind and you propose a 60 month plan, you would have to pay approximately $84 a month over 5 years to bring the mortgage payments current, in addition to paying your regular mortgage payment each month. The income from your spouse as well as your daughter can be used in proposing your plan to the court. If you propose a plan that will guarantee to the lender that the mortgage will become current over the length of the plan and can show that you have the resources to pay your plan payment, then the mortgage company cannot object. By the way, there will be no interest due on the missed payments.

    See question 
  • I got a summary statement for my chapter 7 discharge. I have a question about a reaffirmation agreement that i signed.

    Back on 7/28/09 i went to a reaffirmation hearing and the judge gave me until aug 28,09 to look at other options. If my bankruptcy discharges now, can i still surrender my truck and get a used car that i can afford. The judge has not approved the ...

    Theresa’s Answer

    While I do not practice in your state, the general law is that you can revoke your reaffirmation any time before discharge and still surrender your vehicle. In this case, it looks like your judge has not approved your reaffirmation yet, so you can file a notice that you revoke and get all the protection of your Chapter 7 bankruptcy when you surrender the vehicle.

    See question