The answer might depend on local practice. You might need to look at the option of converting to Chapter 7 instead of a hardship discharge in chapter 13.See question
Can I (as guarantor) set statutory demand for bankruptcy aside when debtor is negotiating with creditor on repayment?
The question is not clear as to what you have in mind. I assume you are a guarantor for another party who filed bankruptcy. Is that other party an individual or corporation, and what type of bankruptcy? There is an automatic stay preventing the creditor from suing the debtor. In chapter 13 there is a co-debtor stay on consumer debt. When you say "set statutory demand", you need to clarify what you mean.See question
I own a home and claim homestead exemption on it I bought the apartment as an investment property because I already own a home. I want my parents to claim homestead exemption on the apartment. What do I need to do?
It is illegal to claim two homesteads. Only the owner can claim homestead.See question
I have 6 months remaining in plan. 100% to Unsecured. All creditors have been paid at 100%. Balance in hand is just sitting there. Since everything is paid at 100% and now has a $0 balance, will the Trustee contact attorney to allow me to stop pay...
You should contact your attorney to contact the trustee. The trustee has so many cases that its office might not notice for some time that all creditors have been paid. You should be able to proceed to arrange to stop paying and obtain an earlier discharge.See question
Hello. I am trying to file for bankruptcy. My concern is that i gave my name to my brother so he could buy a car under my name bc I had good credit back then. After paying it off it was transferred to his mom who eventually ended up selling it to ...
When did the transfer take place? You do have to disclose transfers of assets that were in your name. It is in some ways good news that there is no longer a debt on the car (this was a fraudulent loan). As for the chapter 7 trustee, the trustee might want the car. But if you never put any money into the car, there is a concept called "bare legal title" that I have litigated. The argument is that since you did not put any money into the car that was never really yours.See question
Had an attorney whose parallegal wasn't dilligent with our modification. She was.not prepared. Mortgage company agreed to renegotiate. This was about 1 yr. ago. Since than the attorney no longer does bankruptcy. File was transferred to another off...
You need to consult an attorney about your options in a possible new chapter 13 or in state court. Are you obtaining a discharge in the current chapter 13? Are you still trying to save your home? If you do not obtain a discharge, you still owe all of your debt.See question
Can the Question on the Means Test for a Vet, asking if part of the debit was incured while in Serv./War be technically discriminating? Can a Trustee rule against a state statue; ie, 2015 Florida title XV Chapter 222 para. 222.18 Exempting dis...
There are 2 separate questions. The means test issue has nothing to due income is exempt from creditors. Pension income as well as veterans disability income are exempt from creditors in Florida. But these sources of income are still included in your budget for purposes of the means test and what you are able to pay to creditors if you file bankruptcy.See question
I called Equifax for a onetime credit report to present to the bank for a loan. They tried to sell me a membership but I clearly stated I only need this for now, but thanks. Eight months later my credit card company informed me that Equifax has be...
If this is a common problem there might be an attorney who handles class actions who is willing to sue on behalf of all individuals such as yourself who were misled in the same way.See question
My bank account was recently garnished for an old credit card judgement. I had funds from my wages and & tax refund was deposited in to that account. I have a hearing next week & I believe I can prove my case for head of family. I was wondering ...
The tax refund money is not exempt unless it is from the earned income credit. (not a child credit, but the actual earned income credit). It is possible you can argue a " first in-first out" theory. When was the refund deposited? How much in paychecks were deposited after the refund was deposited? Did you spend from the account enough to argue the refund was spent and only payroll is left in the account?See question
Just completed Chapter 7 and received a motion for award of fees to Trustee's Counsel $10,000.00 who pays this money?
Typically in an asset chapter 7 case, the trustee has collected assets for the benefit of creditors. The attorney is seeking court approval for an award of attorneys fees from the funds the bankruptcy trustee collected. You would not be separately responsible for these fees. But an attorney should still review the actual pleadings in your case to see if something unusual took place.See question