There are many excellent bankruptcy attorneys in the Elizabethtown area. You should contact one immediately to discuss your options. Yes, it is quite possible to file a Chapter 13 to deal with the arrearage on your mortage that did not reaffirm in your Chapter 7. There are some issues that the attorney you choose will need to consider in evaluating your potential Chapter 13 case.
Mr. Price is correct, both incomes are counted for the means test calculation to determine elgibility for Chapter 7 bankruptcy or to determine your minimum payment in a Chapter 13 bankruptcy.
There has been an argument made by some attorneys that unemployment income is paid to states, and consequently persons, through the social security act, and consequently, should not be counted as income on the means test. This argument is made because the bankruptcy law exempts social security income...
You need to contact your attorney and inquire into the possibility of this new medical debt being added to your bankruptcy. Your attorney will discuss this with you and what is required to do this. Take all of the papers your have received on this medical debt to your attorney. Generally, the Bankruptcy Court in the Western District of Kentucky will consider motions to add medical debt incurred after the filing of the bankruptcy.
I agree with most of what has been posted by the other attorneys... I would add that you need to call your current bankruptcy attorney and meet with him or her immediately. The possible divorce and separation are very important issues that your bankruptcy attorney needs to know about immediately so they can help advise you how to handle the matter.
Just because a bankruptcy is filed and a discharge received, does not mean that any lien on real estate is automatically "gotten rid of" or released. Generally, a separate motion or proceeding is required to be filed to ask the bankruptcy court judge to release the lien. So, there are ways to accomplish release of the lien in bankruptcy.
The bankruptcy attorney that you employ should be familiar with these court proceedings to ask for the lien release and will be able to assist you with it.
If you have an attorney, let them know that you will be going to the County Clerk's office in your county and applying for a duplicate title. Be sure and take with you to the County Clerk's office your last registration receipt from where you or your daughter licensed and paid property tax on the vehicle. The Clerk will need that to prepare the application for duplicate title. There is a small fee to apply for the title, less than $10 I believe. If you don't have an attorney, be sure and...
Please schedule a meeting with your bankruptcy attorney as soon as possible. There are many issues to discuss that only he or she will know how to answer due to their knowledge of the facts of your case and the specific requirements of your district !
I suggest that you schedule an appointment as soon as possible with a bankruptcy attorney to discuss your options. We offer a free, no obligation 1 hour appointment to discuss your financial situation. We do handle cases for folks that live in Warren County, Kentucky. Please call our toll free number, 1-888-651-9353 if you would like to meet with us !
As Rob says, yes, you can defend the lawsuit yourself, but you should be cautious in doing so. You may make statements in a written answer that would be used against you later by Capital One to obtain a judgment. The wiser course of action would be to employ an attorney. There may be legal aid clinics or offices in your area that would represent you for little or no fee. You should check with an attorneys office in your area, they can usually give you the names and contact info for any such...