I received a chapter 7 discharge over 5 years ago. I was just sued today for all cash loan I received over 7 years ago. I thought I had personally settled this debt and I did not list it on my BK. Now this guy is coming after me because I did n...
The vast majority of chapter 7 cases are what we refer to as "no-asset" cases. In a no-asset case, a creditor can be notified of the bankruptcy and will be discharged despite not being originally included. There is no special form to notify a creditor but I suggest you do it in writing and keep some record. After notifying the creditor, you should respond to the lawsuit (file an answer) and inform the court of your bankruptcy. That should take care of it.See question
Employer filed Chapter 13 BK in August of 2012 and has a plan paying $1,879 a month until 8/17. Employee was not given notice as a creditor and did not know of the BK filing. Employee has worked since before August 2012 and is a current employee...
In order to be discharged in chapter 13 the debt needs to be listed in the bankruptcy. Creditors can be added for about 4 months after the filing. The court records contain the exact deadline. At this point it will be too late to add a creditor.See question
My Bankruptcy was discharged in May, 2013. My mortgage loan was transferred to another servicer in July, 2013. I did not reaffirm the mortgage in the Bankruptcy but the new servicer modified the terms of the loan in August, 2013 to make it more a...
The credit reporting laws essentially say that any reporting must be truthful and accurate. The law does not require reporting. That means the lender could report but can't be forced to report.See question
Help I am afraid to be sued or a lien against my house..
Creditors do have the right to sue you but typically they will try other collection tactics first. That means they will call you and send you dunning letters, sometimes for months. Eventually they may hire a lawyer to sue you. If they sue you and win (they almost always win) they would be able to put a lien on your house. A bankruptcy can discharge the debt which means you do not owe the money. No calls, no lawsuits, no liens.See question
do i have to repay? does it go under the bankruptcy? we own two homes, one of which is going into foreclosure and the main one that i'm currently living in that i don't want to lose.
There is no simple answer to your question. There are a couple of possibilities. The bankruptcy rules allow you to continue to perform under your current plan despite his death. You will want to review the medical bills to see if they are in your name or his. You do not automatically inherit his medical bills, you need to discuss the extent to which you are responsible for his medical bills with a probate attorney. You may want to dismiss this case and consider filing a new bankruptcy. In a new case you could ask for forgiveness of any medical debts in you owe. Another idea is to convert this case to chapter 7. There are several limitations to conversion so be careful if you choose that option.See question
I filed a ch. 13 and representing myself. I took the credit counseling course and got the certificate after i filed my case. I then filed the certificate. At the time i didnt realize this was supposed to be done before the case was filed. But no o...
There are many requirements in chapter 13. One of the requirements is that you complete an approved credit counseling course prior to filing bankruptcy. If the certificate is dated after the petition, it will come up. Expect Martha Bronitsky to file a motion to dismiss your case. Watch the mail. Chapter 13 is not a DIY project.See question
Bankruptcy for personal debt, credit cards car loans.
The short answer is yes but need to qualify for bankruptcy. Contact a lawyer for more information.See question
The property qualifies for lien strip it is just being done one year later. What are the chances of getting accepted.
The first question is was the property worth less than what was owed on the first mortgage on the date you filed chapter 13? If the answer is yes, then you will have a couple motions that you need to file before you can file a motion to strip the 2nd mortgage. Generally you will need to file a motion to revest the property and a motion to modify the plan. Chapter 13 is not a DIY project so you should consult an attorney to get these motions filed.See question
Me and my wife recently fell on hard times and in order to find work I had to move to Maryland. My wife has stayed in California at our apartment and will soon be moving in with her daughter. We havent deciced if she is going to move to Maryland y...
The short answer is yes, you will qualify as separated for the means test. You do not need to file divorce or legal separation papers to be separated for purposes of the means test.See question
I owe back taxes, have a payment plan in place with IRS and owe for the following year and I'm paying as much as I can but since the IRS adjusted my current withholdings through my employer I can barely get by. Any help would be so appreciated.
Bankruptcy can discharge income taxes and some other types of tax but there are specific rules. The first question is what years do you owe for and did you file tax returns for those years? Were the returns filed when they were due? Generally we get transcripts from the IRS to help answer some of these questions. Many lawyers offer a free consultation which is the best way to get some answers about your taxes.See question