-
Sign in with:
- Sign in
- Register
- Are you a Lawyer?
Norma Nodal Duenas's Answers
- 97 Legal Answers
- 3 Legal Guides
3
Attorney answers:
Filed chpt 7 to stop sale of home. There is a stay But the creditors posponed the sale for 27 days. What can I do?
From what you stated I am assuming you are talking about a notice that has postponed the sale of your home due to the chapter 7 bankruptcy filing. It is very common for mortgage companies to postpone the sale to a specified date and then revise the date and postpone it to a later date if the home is still part of the bankruptcy estate. When you file for bankruptcy, the automatic stay prevents the foreclosure of your home until a motion to lift stay is granted. Until the bankruptcy case is...
Selected as best answer
3
Attorney answers:
Schedule 1 current income - form for ch 13 bankruptcy
If you did not make any income from the business then there is nothing to disclose on this form as income. On the other hand if you made income but the costs resulted in you being negative then you should disclose the gross income on schedule I and then list your expenses from the business on schedule J.
Selected as best answer
3
Attorney answers:
Statement of Financial Affairs - bankruptcy chapter 13
You should disclose this side business regardless of it making or not making business. The Statement of Financial affairs requires that you disclose any business in which you were an officer, partner, sole proprietor or were self employed in the last 6 years. It does not limit this to those businesses that were profitable.
Selected as best answer
2
Attorney answers:
Question re: discharge of equitable distribution payments upon bankruptcy
This will depend on whether you are filing for Chapter 7 bankruptcy or whether you are filing for Chapter 13 bankruptcy. In a Chapter 7 bankruptcy you will not be able to discharge this obligation regardless of whether it is considered a property settlement agreement or it is considered in the nature of support. If you file for Chapter 13 bankruptcy you may be able to discharge the obligation if the bankruptcy court finds that it is not in the nature of support payments but rather a property...
Selected as best answer
3
Attorney answers:
Chapter 7. If my sole prop biz will have to stop operating if I file ch.7, Is it also true that trustees often allows biz to run
Whether you can continue to operate the business after filing will depend on your particular facts. If the assets from the business are exempt in the bankruptcy then this will depend really on the area in which you file your bankruptcy. Many bankruptcy trustee's allow you to continue to operate your business but some make require that you carry insurance as part of doing this. From my experience the trustee's in the Riverside area have allowed debtor's to continue to operate their business and...
1 lawyer agreed with this answer
3
Attorney answers:
Can you file for brankruptcy with invalid social security number?
You should not use an invalid social security number to file for bankruptcy. It would be fraudulent to misrepresent to the court your identity using a social security that was not issued to you. If you are able to obtain an ITIN number. then this can be used to file your bankruptcy case. There are some potential risk with filing a bankruptcy case in which you acquired the debt using the social security from another person or a fake number. This information will likely be disclosed as part of...
1 lawyer agreed with this answer
4
Attorney answers:
Payday loan company attempting to sue me for bank fraud on closed account after i filled for bankruptcy..what do i do?
First the attorney that is contacting you to collect on the debt should not be calling you. They are violating the law by contacting you about a debt when there is a bankruptcy case pending. Unless the court has granted a motion to lift stay then the contact by the creditor violated the stay.When you file a bankruptcy case there is an automatic stay that is put in place that prevents creditors from contacting you to collect on the debt. The creditors recourse is to file an adversary proceeding...
2 people marked this answer as helpful
3
Attorney answers:
Can Undocumented Alien File Bankruptcy
The bankruptcy code does not limit the filing of a bankruptcy case to legal residents. There is nothing in the bankruptcy code that prohibits an undocumented resident from filing for bankruptcy. If you do not have a valid social security number then you can use a IRS issued ITIN number to file for bankruptcy. Whether it is advisable to file if you are not legally here will depend on your circumstances and whether the debt was acquired under your social security or someone else's. Although...
1 person marked this answer as helpful
5
Attorney answers:
Can I ask the court or attorney for more time to respond to suit, but then never respond and just file bankruptcy chapter 7/13?
Yes you can as mentioned before ask for an extension of time or file a general denial which will set a trial date for the case. Also keep in mind that many creditors don't file a default judgment right away. It is risky but some creditors take up to a year almost to obtain a default judgment against you. If they have not obtained a default judgment against you then they cannot move forward with collecting the debt via a wage garnishment or levy on bank account.
1 person marked this answer as helpful
2
Attorney answers:
Filing for Bankruptcy
Even if they obtain a default judgment you can still file for bankruptcy. Once you file for bankruptcy it stops further legal action on the case. The automatic stay starts at the time of filing your bankruptcy case is filed and prevents any further legal proceedings. Until you file your bankruptcy case the creditor can proceed to obtain a judgment and also garnish your wages. Once you file the case you can stop any further legal action in the case and even if they have began to garnish your...
1 person marked this answer as helpful