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Robert E. Lee Wright's Answers
- 10 Legal Answers
- 0 Legal Guides
2
Attorney answers:
How do I protect myself from credit card debt incurred by my husband?
If this is truly a "joint account" (meaning you actually signed something to open it) then you are probably on the hook. A divorce judge could only apportion the debt between you and your husband and might give you a lien on his assets in case he fails to pay the debt. Whether or not you are considering divorce, you should contact a local bankruptcy attorney for advice. They may be able to give you some other options after reviewing all of the facts in your situation and will likely give you an...
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3
Attorney answers:
A married couple filed bankruptsy. The wife will not give the husband any information on contacting their lawyer! please help.
You or your brother can get the information by calling the bankruptcy court's toll-free VCIS (Voice Case Information System) at (866) 222-8029. Although it is pretty self-explanatory, here is the link to their website with instructions on how to use the number: http://www.mieb.uscourts.gov/caseInfo/vcis.html If your brother never signed anything then the case has not been filed for him. (If only his wife filed, he can still use VCIS to look up her information.) Your brother needs to look...
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3
Attorney answers:
Can I get spousal support and child support since my soon to be ex filed bankruptcy?
First, just because he's filing bankruptcy doesn't necessarily mean he won't pay the mortgage or other bills. You need to determine whether he intends to keep the house. Second, you can always go to court to seek support, regardless of what bills he is paying.
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3
Attorney answers:
HOA settled with previous homeowner on an 18k lien. How long does previous owner have to pay?
Just make the offer. Any liens will attach to sale proceeds.
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5
Attorney answers:
Dischargeability
People file bankruptcy to discharge (wipe away) their debts. If a debt is "non-dischargeable" it does not get wiped away. Child support and spousal support are two types of debt which do not get wiped away. There are other types of debts which do not get discharged. Liens on property (mortgages, car loans, etc.) may remain even though the underlying debts are discharged. This means folks have to pay to keep the asset securing the loan. However, the amount they have to pay to keep them...
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4
Attorney answers:
Want to sell house I co-own with ex-boyfriend who fiiled ch. 13 approx 24 mo ago. Do I need a bankruptcy att or real estate att
The answer depends on whether there is "equity" in your home (i.e., it is worth more than you owe) and what his plan provides. Sounds like there probably is equity. In that case, your ex would likely have claimed an "exemption" for his equity in the home. If he is not able to exempt the entire amount of his equity, he will have to account for the excess in his Chapter 13 plan. Bottom line: the bankruptcy court will have to give him permission to sell his interest in the home and his...
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4
Attorney answers:
How does filing bankruptcy effect a divorce both in a business,home settlement and support?
The bankruptcy code provides a priority for spousal and child support as well as property awards. It is not clear from your question whether you have already been awarded your share of the property you each acquired during the marriage. Since you describe yourself as a "soon to be ex wife," I presume your divorce is not yet final and no property division has been finalized. Generally, a divorce has no effect on your right to receive support, for you or the children, or to go to the divorce...
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2
Attorney answers:
Notice of pending action service of process
You are being served with notice of a lawsuit of some sort. You are most likely named as a defendant in the case. If you don't call and arrange to receive a copy of the paperwork, the other side will have to effect "alternate service" or the process server will try to find you again. While nobody likes to get sued, it could be embarrassing to be served with the paperwork when you are not expecting it. You may want to call and arrange a time for the process server to deliver the papers to you....
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3
Attorney answers:
FORECLOSURE IN MICHIGAN , WE LEFT RIGHT BEFORE WE GOT KICKED OUT, TRIED TO KEEP THE HOUSE, FILED CHAPTER 13, DISMISSED , BY THE
I would follow the advice of your attorney who has more facts and knows your circumstances. The debts on the house should be discharged in a chapter 7 along with the other debts unless you reaffirm them. Call your attorney to ease your mind.
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2
Attorney answers:
Can a company seize a car on a deceased person?
This is not really a bankruptcy question, but generally speaking, they can levy on the car if they got a judgment against her for the credit card debt prior to her passing. Once a creditor obtains a judgment on a debt, they can seize personal property to satisfy it by "levy of execution."
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