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Peter Alan Behrmann's Answers
- 106 Legal Answers
- 4 Legal Guides
3
Attorney answers:
Can I claim bankruptcy after wining a settlement from the US Government?
Just because you received a settlement does not mean you can no longer file bankruptcy. The bigger question is how much of the settlement can you keep and still file bankruptcy. Since you live in FL, FL law will control. Your best bet is to get in to see a bankruptcy attorney ASAP, before you spend or move any of the settlement around.
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3
Attorney answers:
Personal Bankruptcy and Corporate Liability
First I am assuming that Capital One is suing you, not your Corporation. So if you file bankruptcy, the corporation is listed as an asset of your bankruptcy. You then have an amount of assets you get to keep. You keep these assets by applying the proper bankruptcy exemptions to those assets. If you are able to exempt the entire value of your corporation, you will get to keep the corporation. If you cannot exempt the entire value, your trustee may liquate the asset to pay off your debts.
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3
Attorney answers:
Foreclosures and bankruptcy
The underlying debt (The note) has been discharged, but the creditor still has a lien on the collateral (The Mortgage.) Since you are in default, then they can foreclose, but they can never claim that you owe them any money. That would be a violation of the bankruptcy discharge, for which you could file suit against them! Keep in mind that the property is still in your name until they do foreclose, you should keep insurance on the home and keep the lawn cut to not get lawn cutting fees for...
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4
Attorney answers:
Chapter 13 Bankruptcy
I you are in a Chapter 13 Bankruptcy and your Chapter 13 plan is curing your arrears, you are current on your current payments and current on your Chapter 13 plan payments, the stay should never be lifted. Mortgage companies only file motions to lift the automatic stay when you are behind on your payments. If you were to get a Motion to lift, you should immediately call your bankruptcy attorney.
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1
Attorney answers:
Was i taken by this lawyer? I taught we made an agreement for a payment plan in front of the judge..
Not seeing what you entered into this is just a guess, but my assumption is you entered into a consent judgment that contained the repayment terms. If this is the case, this is still a judgment, and can still be on your credit report.
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3
Attorney answers:
What happens if I have a money judgement that is covered under 13 but I need to go chapter 7?
If you have a judgment against you, that was covered in your “Property Settlement” of your judgment of Divorce, this “Property Settlement” obligation is only dischargeable in a Chapter 13 Bankruptcy. If you change to a Chapter 7 bankruptcy, the obligation as to the “Property Settlement is not discharged. You should probably find a way to stay in your chapter 13 if his is what your question was referring too.
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4
Attorney answers:
How much would it cost to change my attorney? chapter 13
In Detroit you just need to find a new attorney that would like to take your case, and then file a stipulation of new counsel. The new attorney will bill the Chapter 13 plan for any work they do; the old attorney will also bill the plan for what they did. Before you try to switch, attempt to resolve the issue by explaining your issues with your current attorney.
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3
Attorney answers:
Our home is being foreclosed we want to file bankruptcy but my husbands name is on our daughters deed How will that affect her?
Here is what I tell all of my Bankruptcy clients. “Just tell me everything and let me sort it out for you.” You just need to tell your Bankruptcy attorney everything and let them list it all properly for you. Long story short, if the home has a mortgage on it for more than the home is worth; most bankruptcy trustees are not interested in the home unless the mortgage is not current. You probably have nothing to worry about, but tell your attorney and let them protect it for you.
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2
Attorney answers:
My wifes ex husband filed bankruptcy and defaulted on a credit card that he took responsibility for in the divorce settlement
Your wife may have a cause of action against her ex; however that does not relieve her responsibility to the joint account that she held with her ex. If she was joint signor on the account she is still personally responsible for the debt to the creditor.
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3
Attorney answers:
Chapter 13 attorney for the Debtor has filed an application for compensation after the close of the case.
A Debtors attorney can file a Fee application in a Chapter 13 Bankruptcy to be paid from the distribution to the unsecured creditors. All of the creditors get an opportunity to review the application and object if they do not feel the services were reasonable. If this is something you are considering doing, I would recommend that you hire a creditor’s attorney to do this for you. Also, the Chapter 13 Trustee may object if they feel the services were not reasonable. $12,000 does...
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