If I file for chapter 13 bankruptcy, will that prevent my water and electricity from being disconnected
If your purpose of filing is to keep utility service, you may be stepping into an unforgiving area of law. Yes, utilities must be continued if you file, although you could be required to place a reasonable deposit for continued service. If the bankruptcy ends, a deposit is likely required from any provider, to start new service. An experienced bankruptcy attorney should be retained before you file.See question
When I went to school and took out these loans, I did not know my child's health condition would deteriorate to the point I could not work. Can I discharge these loans in bankruptcy or at least get the interest stopped? At 8% interest a year, I ...
Your particular facts should be reviewed with an attorney who has experience in successfully discharging student loans. Recently a person discharged their loans after it was shown they became disabled and would be unable to work in the field they had received loans for. Even so, your facts may be one of first impression, meaning the particular issues will be closely looked at, and are not readily predictable.See question
The debt is eligible under either chapter. We had an attorney file as debtors in a chapter 11 but the cost of it has been very daunting and he has been unresponsive to the US Trustee. If we get new counsel, can they convert it to a 13? We aren't e...
Yes, the debtors can request of the Court, or consent to conversion from ch 11 to ch 13, provided you are eligible to be in ch 13. You must meet the conditions for conversion, which your attorney can review. It is not an absolute right.See question
I took a California title loan with a Texas title I have filed a chapter 13 bankruptcy in Texas how long do I have before I get my vehicle back???
If you did not have possession of the vehicle upon filing chapter 13, more facts are required to answer. There is no set time, other than to return the vehicle to you. It could be immediately. Were you the legal owner upon the date of filing, or had the vehicle already been duly sold before filing? Where was the vehicle, where is it now, who has custody of it, and when were interested parties made aware of your filing? Does your Chapter 13 plan and your conduct provide adequate protection to the lender? The answer will also depend on the procedures and relief allowed by the bankruptcy court you are in. You should ask your attorney for their evaluation of the facts.See question
I need to file bankrutpcy and was wondering if i could include Pay day loans? if so, how old do they have to be before they can be included?
The debt must exist before filing. Extreme caution must be used if a bankruptcy is filed soon after a debt is incurred, because your conduct can violate other rules. You would be wise to consult with an experienced bankruptcy attorney, many offer an initial consultation without charge.See question
I am newly divorced.
There are numerous questions about your financial affairs, which should be considered in determining if a chapter filing could or should be made. Often filing chapter follows a divorce, although there are so many possibilities in your question, that a detailed analysis should first be made. You would benefit from conferring with an experienced bankruptcy attorney.. Many practitioners offer an initial consultation without charge.See question
I have had several BKs (7 2005, dismissed, 7 2008 dismissed, 7 2008 discharged and 13 2011 dismissed. The first two dismissals were because I filed myself and made mistakes. The 2011 dismissal was due to attorney errors. I have again filed recent...
You must show your ability to comply with the bankruptcy code in the present filing, together with your intent to comply in good faith with all requirements. You have to convince the Court that your prior history of filed cases were also filed in good faith (for good reasons). For example, your present case should comply with all requirements, such as timely plan payments and timely required appearances and reports. You are in federal court, and strict good faith compliance is required with applicable rules, or your history of dismissals may show otherwise.See question
My brother borrowed $140,000 from me many years ago to pay back debt, however, he disappeared with the money and my house was foreclosed. I have made numerous attempts to approach him and be amicable but he will not listen and is rude and aggressi...
The facts you have stated show this is likely not theft, because you voluntarily provided the money. More facts are required to determine if you can do anything, such as, when did this occur. What was agreed on, and, were the terms written down and signed by the parties? You are generally required to bring a legal action within a specified time period, pursuant to the statute of limitations, or the matter is barred from enforcement. You may have some other ways to offset this loss, with certain fact situations, and you would be wise to consult with an experienced attorney. You can lose your rights by delay or by doing nothing.See question
I am filing Chapter 13. I went to the attorney's office and neither attorney was there as promised. I was met by an assistant that gave me a bunch of papers to fill out. She also quoted prices to me that were not what the attorney told me on the p...
When you don't have a good feeling, you should search until you do. Since you have reached out without success for explanations, you should consider conferring with another qualified attorney, until you have confidence in the relationship. As my colleague has said, the next 3-5 years may not go well if the beginning is unhappy.See question
I filed a small claims suit against someone who later filed bankruptcy and listed me as a creditor before the suit was able to make it to court. The debt to me has been discharged. The court has notified me that there will still be a hearing regar...
You are asking if to pursue the Small Claims action, because that Justice of the Peace court wants a hearing. That case may be simply be dismissed for want of prosecution. With the facts of your post, you are not to continue litigation, other than to notify the small claims court of the bankruptcy, or, if you wish for you to dismiss that legal action without prejudice to refile. The Justice court may be informal enough for you to just call their clerk to drop the case. To proceed in any other manner invites financial disaster to you.See question