Hi, my question is, I filed bankruptcy (Chapter 7) and included the rental property where I am living. I wanted to know since there was an automatic stay and since I am still living there, of course a new months rent has been added. Do I need to f...
The court will not discharge rent that comes due after your bankruptcy filing. You cannot add it in to your ongoing Chapter 7. If you do not pay the rent due since you filed, your landlord will wait until the stay is ended and begin eviction proceedings.See question
I'm scheduled for a dispossessory hearing on May 26. The other party are squatters in my house and I want them gone. I wanted to hire an attorney to represent me at the hearing. He refused because the defendant was in Chapter 13. Can he do that?...
If the defendant is in a Chapter 13 bankruptcy, you cannot continue with your dispossessory without having a Motion for Relief from Stay granted by the court. You would be better off hiring an attorney to file that motion for you. Contact another one--just because one turned you down doesn't mean they all will.See question
Is there a form that needs to be submitted to my employer so they will know not to honor a wage garnishment request after I have filed bankruptcy or do I just tell the human resource department?
It sounds like you are doing your bankruptcy yourself. You may need to retain an attorney to make sure all aspects of the garnishment are covered. It's not a do-it-yourself job.See question
I understand that certain people qualify to have their ch. 13 switched to a ch. 7 if they are having problems with payments. But a disqualifier is that the individual could not have filed a Chapter 7 within the last 8 years...That makes me sad. ...
There are no exceptions to the "8 years filing date to filing date" rule. I'm assuming your previous Chapter 7 wasn't dismissed, but was discharged and closed. You need to be speaking with your attorney.See question
I have an active Ch. 13 case. I lost my job last July. I was granted 3 months no payments. The problem is this: I only receive child support (only income to live on) and I can't make full payments monthly toward bankruptcy. I had read online t...
As Mr. Ashman said, you need to contact your attorney. If you do not have one, you may have waited too long.
You might be eligible for a plan modification, but only your attorney would know all the facts and circumstances to determine if this is possible.See question
could lawyer refuse to give me any refund because i signed those papers even though he did not file
Yes, the attorney can keep the fees if you signed a contract making the full fee non-refundable. My contract provides that a portion of my fee is non-refundable if they change their mind before signing. That covers the work I do before signing. If I haven't done anything on their case (meaning no document preparation and no significant phone calls or e-mails exchanged) when they change their mind, I will usually refund their payment, as my consultation with them is free.See question
I'm planning on filing bankruptcy. Alot of Inquires have really hurt my score over the years. When you file chapter 7 does it get rid of these as well. thanks
Bankruptcy will not remove the inquiries from your credit report. It will help you get a fresh start, however. Contact a local bankruptcy attorney to help you through this process and make sure it is done correct.See question
lost job now have one trying to get back rolling again
We might need a bit more detail to answer this. Yes, if it's your car, you can generally get a tag for it. If you aren't going to be able to make payments (and keep them current), the car lender can repossess the vehicle. They don't have to negotiate, but usually will talk to you about it unless you are in an active bankruptcy (then they talk to your attorney).See question
I am almost 24 months into a chapter 13 bankruptcy. I am interested in getting a secured credit card for rebuilding my credit. I understand that it is allowed but only if the balance is low. I also heard you may apply for a card without notifyi...
You may be thinking that because it's secured, you aren't incurring new debt. However, NO credit is allowed while in bankruptcy without court approval. You also are supposed to be putting all disposable income toward the bankruptcy--you shouldn't have enough extra income to fund a secured credit card.See question
I remarried Sept. 6th and already changed my last name with social security but nothing else. Can I still file bankrupt with my old last name. The line of credit was in both of our names.
When you file for bankruptcy, you must list all names you have used in the last eight years, including your current (new) last name. If you have no joint debt with your new husband, his credit shouldn't be impacted by a bankruptcy. Please call an attorney to set up a consultation--most offer one free consultation.See question