I last filed Bankruptcy May 13, 2008 and it was discharged August of 2008. I am aware that the law is to wait 8 years from last filing. May I just file again now and tell creditors that I have filed, then discharge after May 13, 2016?
A chapter 7 cannot be filed until 8 years after the prior filing of the chapter 7 in which you were discharged. You are eligible to now file a chapter 13 with perhaps a low payment, but your plan would be at least 3 years.See question
Am i able to add the student loans or not? I don't want to file with him if I am able to do so and prefer to find another attorney.
Student loan debts cannot be eliminated in bankruptcy, as a general rule. All creditors must be listed, but student loans cannot be discharged in the usual case. There is an exception to establish "undue hardship". But this would involve suing the student loan creditors in the bankruptcy case to determine that you have an undue hardship. The case law makes it very tough to establish undue hardship. You should discuss this issue more fully with your attorney.See question
I'm recently divorced. My home irecently foreclosed on. It has 40,000 dollars in equity. My income is approximately 1700 dollars per montmonth. my vehicle was recently repossessed. I'm having a really difficult time making ends meet and credit car...
Based on the facts you have provided, with your income and assets, it does appear a chapter 7 would make sense for you. However, you should first consult with an attorney to make this evaluation.See question
I bought homes in early 2000, first using them as homestead and then converting them into rentals. After 1-2 years of stay each home became a rental. So, the loan applications for mortgages originally stated as primary residences, but the tax fi...
Mortgage secured debt is routinely discharged in chapter 7 bankruptcy. You would surrender your interest to the bankruptcy trustee who could attempt to sell the properties. All creditors have a right to object to discharge. Your question seems to go to this issue, which would involve whether the actual loan applications were fraudulent. But you are permitted to move, so that by itself would not be unusual. Whether the debt is consumer or non-consumer brings in other issues which should be discussed with your attorney(you might not be required to file a means test, for example). You should have good records as to receiving and spending the rental income.See question
I was in a car accident in Feb this year. In the state of Florida is this type of settlement exempt from Bankruptcy? The accident settlement is not finalized and the bankruptcy has not been started yet- is is just being talked about as an option.
There is no specific exemption in Florida to protect the proceeds of an accident case. If you receive the settlement prior to filing bankruptcy, you will have to disclose the settlement. You will have to account for how you might spend the settlement funds.See question
I have fallen six months behind on my mortgage payment due to surgery that had me out of work for 3 months. We were just served foreclosure papers today. I will have the funds available this Friday to pay the mortgage and make it current. Once I...
Lenders usually will permit you to reinstate the mortgage. However, you also will not have to pay court costs and legal fees of the lender. You will need a written reinstatement letter from the lender. Also, you do not want to ignore the deadline of 20 days from service to file a response at the courthouse. You should consult an attorney to protect your interests.See question
The mortgage served foreclosure papers and need to respond please help
"In Rem" means the lender is only seeking relief against the property so it can foreclose. They are not seeking a personal money judgment against you. If you are not attempting to retain or stay in the property, this may be a good idea so you no longer have any risk or responsibility as the owner of the property. You may want to consult with an attorney to be sure that what the lender is doing and to review the foreclosure papers.See question
A collection company took me to court in 2002. We actually agreed to a settlement at court, and I paid off the debt two months later. The debt collection company informed the court the debt was paid. Since this debt is 13 years old, can I get it r...
You cannot erase the public record. However, from your question I am not sure if a Satisfaction of Judgment was filed in the public records. This should have taken place after you settled.See question
I told him I filling BK7 and was discharged , I no longer owned the property Trustee sold the property to investment company and he said by law the mortgage companies need served me this documentary i told him I need to speak With my attorney and...
By discharging the debt you cannot be sued for money. However, in a foreclosure, it is possible there remains a need to serve you in the foreclosure so that the bank can obtain good title after the foreclosure. An attorney would need to review all of the documents recorded involving the property.See question
defrauded me and others and is now in jail. These records are from seven years ago. I do not know the exact amount of what I lent to the above individual, who borrowed money from me and then did not make promised mortgages. Will I get dismissed...
It is true that an individual filing bankruptcy has an obligation to preserve records to show what happened to his or her assets. But a transfer or loan from 7 years ago should not be a problem for you. A trustee in Florida, which can use the state fraudulent transfer laws, generally can look back 4 years.See question