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Lysbeth Goodman

Lysbeth Goodman’s Answers

337 total


  • Can you file ch. 13 if you have no disposable income or very little left? Owe $70,000 in credit cards and 2nd mortgage.

    My second mortgage was discharged $124,000 and owe $70,000 in credit cards. Have next to nothing left over disposable. Own 2 houses trying to save them both, one is rental and the other we live in. Is there a minimum you must have left over wit...

    Lysbeth’s Answer

    Yes, with difficulty. Chapter 13 is sometimes used to pay debt that cannot be discharged in chapter 7 (taxes, dui, etc.). here is no requirement that any % of unsecured debt be paid and often unsecured creditors get 0% in chapter 13. Look at your assets that are nonexempt - your rental house, for example. Is there equity in it? If so, you would have to pay the nonexempt value through the chapter 13.

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  • Can't pay for rent to own purchase and also lost it. they want it back and threatened to file stolen property report

    will i be arrested am scared

    Lysbeth’s Answer

    I need more information. What kind of property, how and when did you lose it or was it truly stolen? How much is owing on it and what is the fair market value of the item today. If it was a ten year old computer by Compac it is worthless and your difficulties may be slight. If it was a 2009 automobile with at lest $20,000 owing on it, you need to hire an attorney experienced in either criminal or bankruptcy law immediately.

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  • My mortgage company is asking to take us ouy of chapter 13. I haven't been paying the trustee the $975.00 a month as was agreed.

    My husband and I are both unemployed and I am the only one getting benefits. I get $359.00 a week. My lawyer is not a help and if I come up with some money that would help. Well if I had an extra $3000.00 don't you think I would be in this shape...

    Lysbeth’s Answer

    First, figure out whether you are paying debt in the chapter 13 that would be discharged in a chapter 7, such as unsecured debt - credit card debt to debt to friends/relatives). If you are, you should either go into a 7 or amend your plan because of changes in your finances. See if you are paying through the chapter 13 for things you don't need or want - boats, furniture, jewelry extra cars or new cars, etc. If so, surrender the items you do not absolutely need and amend your plan to pay less.

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  • Should I ask questions at the creditor's meeting?

    I am attending a creditor's meeting tomorrow. My ex husband has filed for Ch 13. I have questions about the validity of his expenses, the dates of his transfers, and want to ask for proof of those, as well as other questions. My question is this....

    Lysbeth’s Answer

    Because the 341 hearings are so numerous these days, the available tme fpr asking questions is very short. You should plan to ask your most important questions first and in concise language. Don't assume the trustee wil have investigated anything. If you have been cut off by the trustee or debtor's lawyer, you can set up a "Rule 2004" examination later, specially set. It is like a deposition and you can go on for at least an houir, but you have to pay for the court reporter.

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  • Successor creditor calling relative after previous creditor notified of correct phone number.

    A couple of months ago, a creditor called a relative of mine about a debt I owe. The relative gave me the message, and I both called the creditor and sent a letter (with a tracking number + proof of delivery) giving my correct phone number, but al...

    Lysbeth’s Answer

    One tactic you can use is to request to be put on "correspondence status" which means no phone calls. visits, etc. Only written communication. That also indicates that you have spoken with a lawyer.

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  • How can my dad pay for a bankruptcy lawyer if he needs to file?

    My mom is in hospital, and my dad has just found out that their finances, which she "handled," are in the toilet. She evidently has a credit addiction of some kind, and could not refuse offered credit, and ran up the cards repeatedly. They have at...

    Lysbeth’s Answer

    Firstly, make a chart of assets and value of each, debt and amount of each. Write up a monthly budget of what comes in and what goes out and where it goes. Contact the county bar association and ask for a free consult with an attorney. The attorney will be able to help you if you give them the asset/debt chart and budget. Chapter 7 would help a lot with the credit card debt but probably won't do much for your mortgage situation (although getting rid of the credit card debt frequently frees up money for dealing with the mortgage debt). You might also contact a debt counseling agency to get a different perspective. Paying for the attorney is sometimes a problem and I recommend to my clients that they ask the family for help first. THen seek help through county bar association programs for "pro bono" cases.

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  • What is the difference between a law suit and a motion for summary judgment in lieu of a complaint?? are they same thing?

    what is the difference between a law suit and a motion for summary judgment in lieu of a complaint?? are they same thing?

    Lysbeth’s Answer

    A lawsuit describes legal proceedings which (hopefully) result in resolution of a dispute or grant of a request. There are many types of motions within a lawsuit and a motion for summary judgment is a request for a judgment without trial because there are no disputes as to the critical facts. This motion substitutes for a trial so testimony is done via declarations of witnesses/parties. The judge reads the declarations, reviews the legal argument documents filed by the parties and (sometimes) comes up with a ruling. Sometimes the ruling is that not all the critical facts have been determined so that a trial is needed anyway. So a lawsuit and motion for summary judgment are not at all the same.

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  • Bankruptcy chapter 7 & rule 524

    bankruptcy rule 524 states that fedral courts have sole jurisdiction of interpreting/issuing/applying rule 524 & that state judges have no jurisdiction to alter modify/annual 524 matters already decided in 524 dicharges in the past wether or not p...

    Lysbeth’s Answer

    What you describe is more accurately the Supremacy Clause of the U.S. constitution which states that certain matters are only to be decided by federal courts (federal taxes, mililtary, bankruptcy and others). Section 524 of the Bankruptcy Code governs discharge of debts in bankruptcy and provides for an injunction preventing certain activities to collect debts which have been discharged and similar behavior. Having said that, as a practical matter, if someone begins a court case in state court in violation of the bankruptcy discharge and no one objects or moves the case to bankruptcy court, the state court could issue an order. If no one raises the jurisdiction issues and all parties go along with the state court order, then the state court order would, by default, be the governing order. That does not make the state court order valid, just recognized as the law by all parties. Most state court judges have enough sense not to decide an issue that is governed by bankruptcy law, but there is always an exception.

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  • I was in bankruptcy and my case was dismissed because I lost my job and couldn't pay my chapter13 so I don't know what to do

    what can i do to if anything, without a job

    Lysbeth’s Answer

    • Selected as best answer

    You might qualify for a chapter 7 which will discharge your debt (with some exceptions - student loans, recent taxes, etc.) and not require payments. If you file a chapter 7 you cannot file another one for eight years. There are many ramifications of filing a chapter 7 so you should get some legal advice about the possible outcome of your decision. If you have no secured debt (car, mortgage) or student loans or recent tax debt, you might be able to survive without filing any kind of bankruptcy. If you won't lose any assets by staying out of bankruptcy (there is no property that a creditor can seize) that might be preferable.

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  • What schedules are needed for emergency chapter 7 filing

    Credit counseling done. What are minimum mandatory schedules for emergency chapter 7?

    Lysbeth’s Answer

    You might want to think about an emergency chapter 13 rather than chapter 7. Generally you cannot get out of a chapter 7, so by fiilng one, you have submitted all your assets to the jurisdiction of the court and a trustee takes over, so you risk losing assets that could have been protected by pre-bankruptcy planning (moving non-exempt assets to exempt status). In chapter 13, you can dismiss the case and the trustee does not step in and take over your assets. The requirements are the same.

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