K. Hunter Goff's Answers

BK discharged 03/2009 property have a sale date of 9/07/10 the bank received the bk documents from court and reschedule the sale

You have 10 days from the sale date to raise a legal argument disputing the sale. After the 10 days, if you have no legal basis to dispute the sale, you should be ready to move. I assume you were Discharged from a Chapter 7. To buy more time you may file a Chapter 13 case and propose to catch up the arrears through a Chapter 13 plan.

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Can a foreigner living in the US on a visitors visa file for bankrupcy in the US?

These appear to be two different questions. First, a non-US citizen may file for bankruptcy relief in the US to discharge debts acquired from a US based creditor. Second, attorney fees are generally dischargeable in bankruptcy. However, there is case law around the country interpreting Sec. 523(a)(5) and 523(a)(15) to deem these debts non-dischargeable under certain circumstances. You really need to consult a bankruptcy lawyer in your area to address your individual facts and circumstances.

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Are my IRA accounts protected in a civil law suite in the Florida?

Florida Statute 222.21(2)(a) provides that any money or other assets payable to participant or beneficiary in a qualified retirement or profit sharing plan is exempt from all claims from creditors of the beneficiary or participant. Florida Statutes specifically include under the protection umbrella pension plans designated for teachers, county officers and employees, state officers and employees, police officers, and firefighters. The debtor's IRAs are exempt from creditors, but at least one...

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A collection agency is trying to collect from a JC penny credit account that my late wife had and I didn't know about.

Contest the debt in writing and ask the collector to show you the proof they have that you are liable, ie., a signed cardholder agreement???

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Filing chapter7, have not paid car note in 1 yr credit report states a charge off i still have car, can i reaffirm and how?

While you will probably not be able to reaffirm the car, you may want to redeem the car. If the value of the car is significantly lower than the amount you owe on the loan, a redemption will allow you to pay only the market value of the car to keep it. In a redemption, you usually must pay the lender the market value of the car in a lump sum payment within 30 days of the Order on the redemption being entered. If you are unable to come up with the lump sum amount, there are places that...

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I'm being taken to court by capitol one form a credit card from 0ver 4yrs ago. Ive offered them payments and to settle out court

If the debt is over 4 years old it may be barred from collection by the Statute of Limitations. You need to be careful though, because if you pay on the debt now you could forfeit your SOL argument. Your options range from answering the lawsuit and raising valid defenses to the debt to filing bankruptcy and discharging that and other debts you may have. You really need to consult an attorney on this.

My mortgage has been discharged in Chapter 7 bankruptcy in FL? Why I am needing to appear for a motion of summary judgement?

If you discharged your obligation for the mortgage in your bankruptcy case, you are no longer legally liable to that creditor. The foreclosure lawsuit will proceed, however, in State Court, so that the lender can remove your name from the deed and resell it at some point. Because you discharged the debt, the foreclosure lawsuit proceeds as an in rem (against the property only, not you personally) action. Whether or not you appear at the summary judgment hearing, or any proceeding relating...

Cant afford anything, need to stop paying credit cards to free up some money for rent....

Yes, the debt you owe on the car can be eliminated, along with your credit card debt, when you file bankruptcy. Filing for bankruptcy will also prevent wage garnishment. There is no minimum required debt that a person must have to file for bankruptcy.

How do i know when to appear in court?

You should receive a summons, however, some of my clients never receive a summons and come to me after the judgment has been entered to find out how they can eliminate the debt through bankruptcy and avoid a wage garnishment. Go to the Clerk's website for the county where you live and search your name and address to see if there are any pending suits against you and, if there is a pending suit, you will be able to determine at what stage the proceedings are. I'm assuming you live in...

Northern CA CH-7-Post Discharge Question

The Trustee has no basis to object to your planned vacation. However, I object to you going to Disneyland in CA! Being an Orlando, FL resident, may I suggest you go to Disney World instead??? Either way, enjoy your family vacation!

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