In general, for most debts, you cannot be jailed.
There are. some notable exceptions, for example child or spousal support can result in a finding of contsmpt. But to be jailed for contempt you must be able to purge the. contempt. So if you are unemployed, you can never get there.
Do not write to the creditors. That may restart the statute of limitations, restarting the time to bring a civil suit.
Best of luck, but I think it is unlikely that you will be jailed.
In general, you should not need to reopen.
Just send notice, and go from there. Go to court, and quote this language.
An unlisted debt is discharged, even though not listed, under 11 USC §523, as the section reads that that a debt is discharged, unless the debt is not listed, and either fraudulent, or not notified in time to file a proof of claim. Since in a No Asset Chapter 7 Bankruptcy case, there is never a call for a proof of claim, there is no deadline for adding a creditor, as they...
Unsecured creditors go on Schedule F.
Schedule D is secured creditors- creditors who still have a right to repossess or foreclose on someting.
Schedule E is priority creditors- this is a special class of creditors as defined by the code. Generally, some taxes, spousal support and child support, but there are some other things that go there also.
Schedule F is unsecured creditors- everyone else, including credit cards, medical bills, student loans, collectors, old leases, broken contracts,...
This is not an easy area of practice.
There is not a document that tells you everything to do.
Most, but not all, Bankruptcy lawyers will take your case and finance the fees through the Chapter 13. If you need a waiver of the filing fee, then you probably should not file for a Chapter 13.
I have been practicing Bankruptcy for 15 years. In my years, I have not seen more than 1 or 2 successful Chapter 13s that were filed without a lawyer.
Remember, you will be held to the same standard as a...
It is VERY important that you pay your HOA dues. Failure to pay HOA dues can result in them suing you or just simply placing a lien on your property pursuant to the Virginia HOA laws.
You have a right to an accounting, and if they are not willing to provide you with an accounting, you can sue for an accounting. You will have to pay for the attorney fees and costs, and probably for the accountant to review the documents to make sure they are correct.
It may be more expensive than it is...
The answer depends on a number of factors.
The major factors are equity and currency of the payments.
Equity is the amount of value left in your house after satisfaction of existing liens. For example, if your house is worth 100,000 and your mortgage is 110,000, then you have no equity. If your house is worth 100,000 and you owe 90,000, you have 10,000 equity.
In general, the less equity, the less likely the Bankruptcy trustee will take the house.
The issue with being...
You can only be charged with fraud on a payday loan if the account was closed at the time you did the payday loan.
The Virginia Payday Loan Act specifically states that you cannot be charged with a crime unless the account was closed at the time of the loan, and pursuing a criminal charge (or threatening so) is a violation of the Payday Loan Act and the Virginia Consumer Protection Act.
You should seek a lawyer to assist you with this as soon as possible.I recommend that you find someone...
Actually, the thought that you should contact them is NOT a trap.
You should send them a dispute letter, and tell them that the debt is beyond the statute of limitations, and that you think it is improper for them to take any further action.
Samples can be found here: http://goo.gl/1cqf90
This is an issue of debt collection and student loan law.
US Federal student loans are by statute, never too old to collect. They can do nasty things. But this is not a US loan. It is therefore subject to...
Checks are generally not a problem.
You should send a notice of the Bankruptcy to the creditor who claimed that the check is still outstanding.
Checks are dischargeable in Bankruptcy, so don't let them buffalo you into paying.
It is not a crime to not pay, and that is one of the more popular blog topics I have written about.
read more here: http://goo.gl/xH9Yzh
I have a different point of view. A chapter 13 MAY be a solution, but it is not the only solution.
The first question I have is what assets do you have?
Do you own a house?
Do you own a car?
Do you have a bank account with more than a modicum of money in it?
Anything else of value?
It is POSSIBLE that you are administratively insolvent, and that even if they sue you, that they cannot get any money from you involuntarily.
The other aspect if this is that because this is a PRIVATE...