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Juan Antonio Perez Jr.

Juan Perez’s Answers

174 total


  • If I sold my house and rec'vd money back do I have to show that if filing bankruptcy? It hasn't been placed in my bank acc.

    $23,000 credit card debt, personal loan and a reposed vehicle. I work a temporary job that will end in November. I lost my husband to cancer and without his income I became unable to keep up with my bills. I live with someone right now until I ...

    Juan’s Answer

    It will depend on the amount of the home sale proceeds.

    If the amount is larger than Indiana exemptions allow you to protect, you may have other options such as using the funds to purchase another home, spending the funds on other household necessities, or using the funds to settle your debt.

    You should meet with a bankruptcy attorney to go over all the options.

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  • Do I have to pay the missed payments from the previous chapter 13 bankruptcy before refiling?

    Had a chapter 13 bankruptcy dismissed 5 months ago for missed payments. I would currently owe 22,000 if I was still paying. Do I have to pay the 22,000 to refile for a second time chapter13?

    Juan’s Answer

    No, you would not have to make up the shortfall. You may face other hurdles in refiling, such as needing a motion to extend the automatic stay in the new case, and potentially having higher payments in the new case than the old (particularly if your goal is to cure a mortgage, and there are now more arrears). Consult with a bankruptcy attorney about the new case and they will assist you with all of this.

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  • Will filling Bankruptcy be the best option for someone like me?

    My job just informed me that, we did not get the grant and the program that I work for has ended as of June 30th 2015. I can't return to Grad School in August because I can't afford it. I have 40k in student loan debt, 28k in hospital debt, only ...

    Juan’s Answer

    Bankruptcy can certainly be an option for you. There are several factors to consider, including assets, timing of when to file, and the likelihood that you might continue to incur more debts (medical or otherwise) while you are unemployed.

    The best way to get the full picture is to sit down for a consultation with a local bankruptcy attorney.

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  • How do I get money that the IRS took from me for money that my ex husband received for a home buyers credit?

    My ex husband and I filed our taxes together after we separated and he received a first time home buyers credit that I was not aware of until the IRS started taking it from my tax returns. I lived in Kentucky and he bought the house in Virginia, s...

    Juan’s Answer

    I've changed the practice area in your question from Bankruptcy to Tax, as it is not really a bankruptcy question. I believe there is a process for you to challenge this as an "Injured Spouse", but you will likely get more complete answers from the tax folks.

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  • Why won't my lawyer call back or file my bankruptcy paperwork?

    A lawyer has my money and hasn't returned my calls for three months and the paperwork has not been filed

    Juan’s Answer

    Make an appointment to meet with the attorney. There may be more to the issue than simply an unresponsive attorney. There may be a misunderstanding or your attorney may not be getting your messages.

    Once you have exhausted every possible way to work things out directly, then you can file a complaint with the state bar. Those are taken very seriously, so it is best to be certain you have legitimate complaint before going that route.

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  • National Data Center - Case Closed date - Chapter 13

    We are waiting for confirmation from mortgage final cure. I just noticed today that in the National Data Center it shows Case Closed 5/8/2015. What happens now? Will they stop our garnishments. We have paid all our debtors. Does this mean its...

    Juan’s Answer

    You should contact the attorney that represented you in the Chapter 13 so they can look at the actual docket in the case, and see what is on file with the court.

    If the case has closed, it is likely all over. But you should have received the discharge order, etc.

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  • Can bankruptcy plans be placed on hold due to job loss?

    I am currently in a Chapter 13, and recently lost my job. I was having my wages garnished. If I lost my job, can the current plan be placed on hold or do I just need to let it get dismissed and file again?

    Juan’s Answer

    Talk to the attorney representing you in the Chapter 13.

    By "wages garnished" I assume you mean a wage order for your payments to the trustee. That will stop paying due to your unemployment, and eventually the trustee would file a motion to dismiss for non-payment. However, if you can get back to work in relatively short order, most Chapter 13 cases can be rescued and dismissal avoided.

    Whether that is an option is very case-specific, so talk to the attorney representing you in the Chapter 13 about your job loss.

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  • I am looking to file bankruptcy, wanting to know what information would be required to bring in for consultation?

    I would like to know price range for filing bankruptcy? Does how much debt you have play a factor in the price?

    Juan’s Answer

    In my office, the only documents I ask a potential client to bring to the first consultation is a recent pay stub. As long as you know the approximate value of assets such as house or cars, and the approximate loan amounts against those, the rest of the details can be gathered later.

    For me, the amount of unsecured debt owed is not really a major factor in my determination of fees. In my office, we set fees based on the expected complexity of each individual case. Once I have a full consultation with the client, I give them an exact fee quote that covers all of the costs associated with filing, from start to finish.

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  • Can I file bankruptcy?

    I had taken out $50,000 worth of private student loans from a bank. Due to various factors I defaulted and those loans were bought by a collection agency. Can I file against those now that they are being collected on?

    Juan’s Answer

    Private student loans are non-dischargable in bankruptcy, but they can still be dealt with in Chapter 13 Bankruptcy.

    I would recommend you seek counsel from a bankruptcy attorney that has experience in dealing with student loan issues specifically.

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