case was dismissed. Is there any law that prevents debtors from filing Ch 13 just to Stay the levying process? It seems pointless to file third wage garnishment if the debtor can just refile over and over for the same case. What can I do? Thanks ...
In addition to possible stay relief, as mentioned above, there is also a provision of the bankruptcy code (Section 109(g)) which allows for the dismissal of a case with a 180 day bar to refiling if it appears that the debtor has no interest in actually seeing the Chapter 13 process through to completion. This provision requires some party to raise it. In many cases, the Chapter 13 trustee will seek such a bar to re-filing but it may take several cases before that happens. Each Trustee is different.See question
soon to be ex-wife got her ch7 discharged a year ago, moved out of home 2 yrs ago, left me 2 car loans, home loan and our son to support.
The Ohio exemption statute allows a debtor to exempt one item or parcel of real or personal property used as a residence up to a value of $21,625. So, you could claim that amount as exempt. Your ability to retain the land and mobile home would also depend upon what Chapter you file and whether there are valid liens/Mortgages. A Chapter 7 Trustee only wants to sell assets that can generate funds to pay unsecured creditors. If the value of the land/home is less than the balance on the Mortgage and your exemption, a Chapter 7 Trustee likely would have no reason to sell it. If there would be funds available, a Chapter 13 would allow you to retain the land/home if you could otherwise meet confrimation requirements.
The Cleveland Bar Asociation has a referral service if you need local advice/representation.See question
She has about $55,000 with a debt relief agency. Am I liabable if we get a divorce?
Marital debt is not really the issue as that is not really a term that is used outside of divorce court. The answer depends upon how the business is set up. Is it a sole proprietorship, a corporation, LLC, partnership, etc? If your wife has set up the business as a separate entity, in most cases, only the business is liable for business debts. Your wife or you would be personally resonsible for any debts that you personally guaranteed. This would involve the execution of a guarantee agreement with one or more creditors. Many creditors will require personal guarantees for small businesses so you should see if you have signed one. Absent a personal guarantee, you likely cannot be held personally liable for business debts. The divorce should not affect your liability directly--you are either liable or you are not. But, you should certainly address the business debt in the divorce, make sure you are not personally liable, or, if you are, make sure your wife assumes responsibility for the debt, etc. If you are already liable to a business creditor, your divorce cannot change that--the creditor can still look to you even if you and your wife agree that it should be her responsibility, but it should be addressed in the divorce regardless.See question
I took out 35,000 home equity loan at 12.75, iniatially it was suppose to be about 8.00, but after the checks was cut, we went ahead and signed contract. We had bills that needed to be paid. Now balance is around $30,000 at a fixed rate for ten ...
Read all of the papers again. In almost every case, a home equity line of credit is secured by a second mortgage from the start.See question
My ex-husband recently filed for BK and listed me as a co-debtor to several business-debts of which I was unaware, all of which were supposedly incurred during our marriage. I have a restraining order against him to protect me and my kids so (for...
There is a bankruptcy rule--Rule 2004, which allows you or your attorney to file a motion and obtain a court order requiring the turnover of whatever documents you list. You would not have to deal directly with your ex-husband. It could be ab attorney to attorney exchange. But, you would really need your own attorney to assist you.See question
Filing a non-consumer chapter 7. (Primarily business debts) The business debts are more than half of total debt. Is the means test required to be submited with the petition? Is the 50% rule the test?
The phrase "primarily" not defined in the Bankruptcy Code, but most courts seem to give it a common definition--more than half. In addition, most courts would hold that that means more than half in amount of debt, not number of creditors. The means test form, 22B. must still be filed, but you would simply check the appropriate box and you would not have to complete the balance of the form.See question