The step daughter is emailing and texting occasionally, she is asking how I will repay the money to her step mom and sometimes not in a very nice way. I just want this harassment to stop. What action can I take? Is this legal for her to do this?
Once your step daughter, or any creditor, receives notice of a bankruptcy filing and the automatic stay is in effect, they must stop contacting you or attempting to collect on the debt. If the debt is discharged, they cannot continue to seek repayment. If your step-daughter continues she could face severe penalties in court.See question
My family dentist turned me into collections. The last time I was seen was over 4 months ago, and I paid my portion up front of what my insurance wouldn't cover. We received absolutely no notification that we owed anything at all, no statements we...
A business or collector is not required to notify you that they have hired another company for billing, collections, or accounts receivable. The only time they need to notify you is when a lawsuit or collection action has been filed which gives you the right to respond and/or claim exemptions.See question
On my schedules, do I need to disclose the fact that I'm filing a Federal litigation case, even if there is no monetary award I'm expecting/seeking? Thanks.
You need to disclose all judicial actions or potential judicial actions. In some cases a trustee might even hire an attorney if the potential value is enough to warrant pursuing the asset. For a chapter 13 I fully agree, you NEED to hire an attorney for a 13, no question. They are (can be) very specific and very challenging even for experienced attorneys. A lot goes into getting a Chapter 13 plan approved.See question
I am filing for Chapter 7 bankruptcy but have a start up that currently has no value as its just starting. Do I have to include that start up in the bankruptcy petition and if so could you point me to the statute that says so? Thank you.
As the other attorney mentioned any interest in a business must be disclosed. If you own a solo business that is not incorporated, you can include the assets of the business and use that as the value. If you do have an entity (LLC or INC for example) then it needs to be listed on the statement of financial affairs. In my district that is entry 18, as well as schedule B and C disclosing the entity as an asset, You can usually use the value of the assets as the value of the LLC if you have few or no clients, plus anything in your bank accounts. You can then cover the value as an asset in Schedule C.See question
I'm trying to settle homeowner fees with an debt collector, the assessment he sent in the law suit paper work differs from what he is sending through email (added interest, and attorney fees) In the the law suit it states "The association seeks a ...
You will legally have to pay either (1) the judgment amount; or (2) at this point you would have to agree to a negotiated amount. Finally (3) alternative is to file for bankruptcy and discharge the back HOA fees, but you would still be responsible for future HOA fees from the date of filing forward.
I highly recommend speaking with an attorney. The attorney can walk you through the above three options, and help you negotiate a settlement and payoff outside bankruptcy if you choose to go that route. If the assessment is massive and not negotiable on the opposing side, then a Chapter 7 or Chapter 13 can help you wipe out entirely, or pay off, some/all of the HOA fees.See question
I attempted to set up a plan with the hospital but they would not accept the amount I could offer. It went to collections. I have read I can negotiate payments or a lump sum pay out but it also sounded like I needed to negotiate how it is written...
Usually the fastest way to deal with any debt issue is going to be a debt settlement or negotiation, or a bankruptcy. The viability of both options needs to be discussed with an attorney, so that you can be fully educated on your options of Chapter 7 and Chapter 13 (based on whether you qualify for one or the other), and whether you have the funds or will soon have the funds necessary to do a debt settlement or negotiation in the near future, which could save you from a bankruptcy.See question
Back in 2007 during my divorce my ex wife got awarded $6000 in attorney fees. She had not made any effort into collect these fees until now 8 years later. Is there a statue of limitation on this? Is a parenting plan considered a written contact?
I agree with the other attorneys. A judgment can be collected anytime within 10 years of the judgment being entered, and that period can be extended an additional 10 years (20 years total) upon motion and notice.
However, an award of attorneys fees unless considered punitive related to a crime, is dischargeable in bankruptcy, and can be completely eliminated if the debtor qualifies as such.See question
If i filed ch 13 a month ago and paid my attorney his down payment and now because of an unrealistic expectations in ch 13 need to convert to a ch 7, and i will be about 10-20 days late paying my attorney his additional ch 7 attorneys fees and he ...
Typically in my jurisdiction the case would proceed normally. In a chapter 7, after the conversion, once the updated schedules are in the only typical remaining tasks are to submit your requisite documents to your trustee, and then attend the 341 hearing.
If need be the case might be dismissed or closed, but you should be able to reopen or vacate the dismissal once the new attorney is found. Try to work with your attorney however.See question
files a TRO for civil harassment against me without my ever knowing it to prevent me from attending coming, will this prevent me from attending the hearing. If she does this before the hearing and I never get notice of the TRO? Do I have a right t...
First, from this it looks like you do have notice of the TRO.
In any event, a court hearing is always an exception to a TRO, and you may attend. However, I highly recommend hiring an attorney to do so for you, as making a scene or showing up unprepared will have no benefit.See question
action against debtor? I read LBR 3015.1 b3 where it states the creditors are to receive a copy of the plan 28 days b4 meeting. In the debtors filing she put the last 4 digits of my case no as an account #. Since she never owed me $ but I a suing ...
If you were never a creditor then there is no obligation to provide you with a copy of the proposed plan. You must be an actual creditor or have an actual case against the creditor at the time of filing.See question