In early 2005 I invested about 40K into gold option contracts. I used cash advances from credit cards and then paid off the cards from the sale of our house in 7/05. We then moved to Utah and had financial issues. We filed C7 on 1/9/08. I thoug...
You need to contact a bankruptcy attorney immediately; as the asset was not disclosed in your bankruptcy. It is likely that you will have to re-open your bankruptcy case and exempt the $14,000 (or what the value would have been at the time of filing) to the extent that you can exempt it.See question
Hello. I live in Florida. When I filed my bankruptcy petition my statement of intention said I wanted to reaffirm my mortgage. I changed my mind and stopped making payments before my case was closed. I never signed a reaffirmation agreement for th...
No you aren't, the Statement of Intention does not dictate what debts survive the bankruptcy. If no reaffirmation agreement was signed then it was not reaffirmed and it did not survivie the bankruptcy.
The lender would still have the lien against your home, and can foreclose. But you wouldn't be liable for any deficiency.See question
I live in Ohio. My Lawyer filed a chapter 7 Bankruptcy for me---now i do not want to go through with it. I don't want to go to jail for not showing up. My lawyer says he will charge me for filing a paper with the court. Can I file this myself? ...
You need to discuss the decision to dismiss your Chapter 7 with your attorney. In order to voluntarily dismiss you ahve to Show Cause as to why the Court should grant your dismissal. A debtor does not ahve the unilateral ability to dismiss their bankruptcy once filed. Also, keep in mind that even if you do dismiss, hte bankruptcy is on your credit report adn will stay there despite the dismissal. It may be in your best interest to proceed with your Chapter 7.See question
I filed Bankruptcy in Oct 2010. I received my discharged paper in Jan. 2011. This month my husband got a paper from the IRS saying we owe $1,ooo, because a w-2 was not filed and they send a letter to see if we agree or disagree. We agree with the ...
I'm a little confused of what your actual question is. But, if you're asking whether or my your 2010 tax refund is subject to your bankruptcy, from the facts you've provided, the answer is no. Since you filed back in October 2010, you were not entitled to a tax refund for the 2010 year until 2011. As such, your 2010 tax return is not an asset of your bankruptcy estate. You should be receiving your tax refund and it should not be witheld.See question
is this true? Chase holds our mortgage How do we start the process of reaffirming? Is it too late to reaffirm this mortgage loan?we received poor advice from our bk lawyer when filing. FHA evidently requires that we reaffirm loan before refi....
This is not true. First, debtors (at least in Washington) do not reaffirm debts secured by real estate. It just doesn't happen. If a debtor chooses, they can continue paying the mortgage after the bankruptcy, but that's it. Also, as the previous attorney noted, if you're refinancing this means that you are paying off your old loan with a new loan. As such, why would you reaffirm a debt that you will be paying off?
It sounds to me as though there is a miscommunication somewhere.See question
The Trustee mentioned it should be in part B.
Yes, you need to list the asset in Schedule B and exempt it in Schedule C. You should do it immediately.
Hope this helps!See question
I have filed chapter 7 bankruptcy in NJ and had finaced a car through a credit union in Massachusetts. The credit union's collection dept has been calling me...aqe the rules governing credit unions different than the rules governing other types of...
Regardless of what state you file in or what state your creditor is in, once you file for Chapter 7 bankruptcy the Automatic Stay immediately goes into effect and your creditors cannot contact you to collect. You want to ensure that you properly listed them as a creditor. If you did, and they are violating the Automatic Stay, you should contact a bankruptcy attorney.See question
Should I walk away from the house since 1st & 2d mortgages were discharged in CH 7.
As you may already understand, you are no longer personally liable for those mortgages. You can continue to try to make payments on the mortgage or continue living there without paying the lenders, but at some point they will eventually foreclose. If you vacate the property, you could be creating additional risks for yourself, as the house is still legally yours until it is repossessed by the lender. Either way, it would be in your best interest to ensure that the property has insurance. If your insurance payments were made through your mortgage payments, and you're not making those payments anymore, it's likely that the lender is not paying the insurance company and that the property is currently uninsured.
You may wish to consult with an attorney in your area to receive California-specific legal advice.See question
! week ago was my Thirty (30) days after the Notice of Default When can I expect a "Notice of Sale." and will it be taped to my door or mailed to me. I know a lot of people are in foreclosure but I live in a condo complex and I am not keen on my ...
It really depends on the lender. Some lenders will issue the Notice of Sale immediately after the 30 days have passed, others don't do anything for months. I've seen both scenarios. If and when the lender does decide to issue the Notice of Sale, it wille posted to your front door.See question
Tenant vacated premises and per USPS, left no forwarding address. In order to comply with my obligations regarding return of deposit, how do I provide proper notice to tenant?
It is only your responsibility to send the secrity seposit to the last known address which in this case appears to be your property. Keep the mail, don't open it, and if and when the issue arises, you have proof that you complied with WA law.See question