I received unemployment and not have to repay the amount it too high. If I go through with bankruptcy can the unemployment be put in the claim as well? There was also a lien put on it for non payment.
For the most part, Pennsylvania unemployment overpayments are dischargeable in bankruptcy unless they were the result of fraud (e.g., intentionally failing to report income). The state may object to the discharge in fault cases, although it does not always do so. You should discuss the matter with your bankruptcy attorney and be sure to list the overpayments in your schedules as a general unsecured debt.See question
First mortgage 74,400. Home Equity Loan 34,500. Home value in excess of 200,000. My wife was ill and ran up the balances on her credit cards. He name was on the deed to our home. When she failed to pay her credit cards, the companies sued he...
The Pennsylvania Statute of Limitations on most consumer debts, including credit card debt, is four years. However, once a creditor has a judgment, the Statute no longer applies. The Statute of Limitations is often confused with the time limit on credit reporting. Generally, a creditor can report judgments and other negative information about a debt for seven years. However, even if a judgment falls off of your credit report, it will still show up on a title or judgment search.
Is your wife the only one on the deed or are you both on the deed? Also, are the debts solely in your wife's name or joint debts? In Pennsylvania, the doctrine of tenancy by the entireties protects the joint property of a married couple from the individual creditors of one spouse. (It does not protect them from joint creditors.) If you have joint property held as tenants by the entireties, but the debts are your wife's alone, there should be no enforceable liens.
If tenancy by the entireties does not apply (or even if it does), then debt negotiation may be a good option. Often creditors are willing to settle debts for far less than the balance. Once the debts are settled, the creditor must mark any judgments as satisfied. I suggest that you speak to a local Pennsylvania attorney who handles debt negotiation and debtor defense to review your options. Debt settlement can have tax implications, which you will want to discuss with your attorney.
Finally, I should mention that it is sometimes possible to strip off liens in bankruptcy. Although you may have too much equity in your home to file under Chapter 7, Chapter 13 bankruptcy may be an option. Of course, bankruptcy will not help you refinance in the short run. Nonetheless, it may be something to consider if other solutions are not available.See question
My work has more shut downs I can't afford the car anymore I'm worried that they will call my work and garnish my wages that's what the bank is telling me that's what they are going to do
I agree with my colleagues. Assuming you work for a Pennsylvania business, there is no wage garnishment for this type of debt. Moreover, if a debt collector is threatening wage garnishment when it is not available, it may be a violation of the Fair Debt Collection Practices Act ("FDCPA") or other consumer law.
If the creditor repossesses the vehicle and obtains a judgment, it can attempt to levy personal property, such as money in a bank account. However, you may have some protections, depending upon your circumstances. I suggest that you speak to a local attorney familiar with debtor defense and bankruptcy, so you can explore all of your options.See question
My husband and I filed chapter 13 bankruptcy in 2012. We have exactly 2 more years till it will be paid off. He unfortunately passed away 2 weeks ago. I am disabled and cannot work and receive Social Security. I do not know what to do. He had life...
I am very sorry for your loss. You need to sit down with your bankruptcy attorney right away to discuss your options. I would not assume that you will lose anything. There are often options in Chapter 13 for keeping assets that are not available elsewhere. Also, there may be other options, such as dismissing your Chapter 13 case, converting the case to Chapter 7, debt negotiation, foreclosure defense, etc. Your bankruptcy attorney should be able to recommend the best course of action for you.See question
Purchased land in 2007. Have made every payment since then on time. No success in selling the property since 2012. Am considering stopping payments once I retire. Would like to understand my options and potential impacts.
If you stop payment on a mortgage loan, the bank will eventually foreclose, and the property will be sold at a sheriff's sale. Although very rare in Pennsylvania, the bank can seek a deficiency judgment for the balance remaining on the loan after the sheriff's sale. If you own other real property, and the bank does pursue a deficiency judgment, the judgment could become a lien on that property. You should speak to an attorney to make sure your assets are protected before stopping payment on your loan.
There are some options, such as a modification of the loan, refinancing, a deed in lieu of foreclosure, or a short sale, all of which require the cooperation of the bank. (A short sale or deed in lieu may have tax consequences.) Bankruptcy may also be an option, depending upon your financial situation, but I doubt that it will be necessary if this one loan is your only problem debt. I suggest that you sit down with a Pennsylvania bankruptcy attorney to discuss all of your options.See question
If the house was surrendered in a bankruptcy and there was a mortgage who would have the deed. Can he sell it if deed is in banks name
You are following up on your question of earlier today. Deeds are recorded at the office of the recorder of deeds for your county. (Some counties have this information online.) You may also wish to check with the Court of Common Pleas for your county to see if a foreclosure action has been filed, and, if so, the current status.
As previously mentioned, surrendering a house does not remove the debtor's name from the title. Therefore, the deed would not be in the bank's name, unless the bank foreclosed and then purchased the property at a sheriff's sale or your husband executed a deed-in-lieu of foreclosure. Assuming that the deed is still in your husband's name, he is free to sell the property in the same manner as any other sale (or seek a short sale or deed in lieu). Of course, the mortgage must be paid from the proceeds of the sale. Many realtors have experience with post-bankruptcy clients.
You may want to speak to a bankruptcy attorney who can explain this process to you.See question
My husband has received several papers about backs taxes he owes on a house he surrendered on a bankruptcy about 5yrs ago. The bankruptcy was discharged he thought he was done. These notices started and the original lawyer said to diregard the not...
Surrendering a home in bankruptcy discharges your personal liability for the loan. It does not remove you from the deed. You still own the home until the deed transfer to a new owner through sale, foreclosure, short sale, or deed in lieu of foreclosure. Property taxes continue to accumulate until the deed transfers to the new owner. Typically, any property taxes owed on the home will be paid from the proceeds of the sale.
More often than not, the surrendered home is in foreclosure at the time the bankruptcy was filed or will go into foreclosure at some point thereafter. In a foreclosure, the deed will transfer after the sheriff's sale.
Note also that the owner is responsible for keeping the surrendered property up to code until the deed transfers. Also, it may be wise to keep homeowners insurance on the property. The bank may place a policy on the property if the owners allow their policy to lapse, but it may not cover the owners' personal liability for any injuries on the property or damage to the owners' personal possessions.
If this is a situation where a foreclosure is stalled or has never been filed, you husband may want to look into a short sale or deed in lieu to get out from under the house. In any case, he will need to see what is happening with this property. I suggest speaking to a local Pennsylvania bankruptcy.See question
I filed for bankruptcy in December 2015. Shortly afterwards, the delinquent credit items were removed. Except for one collection item on Trans Union. I contacted the collection agency they said that they will submit that it was included in my bank...
Under the federal Fair Credit Reporting Act ("FCRA"), both creditors who report false information to the credit bureaus and the credit bureaus themselves may be liable for damages, punitive damages, and attorney's fees. Failing to note a debt as discharged in bankruptcy and reporting a false collection status are common violations of the act. It sounds like you have taken the correct first step by disputing the entries. However, to succeed in any FCRA case, you must show proof that you disputed the debt with the credit bureaus prior to filing any lawsuit. Therefore, I advise my clients to dispute the entries via mail sent with delivery confirmation, rather than relying solely on the credit bureaus' online dispute methods. Also, it is important to keep copies of everything. I suggest that you speak to a local Pennsylvania attorney who handles FCRA cases.See question
I am currently trying to pay crippling student loan debt ( faithfully and always on time I might add) given to me by The Art Institute of Pittsburgh. They provided me with a degree but are now saying the degree was given to me in error and that I ...
Unfortunately, for-profit colleges have left many students with a mountain of debt for little value. The federal government and states have been more aggressive lately in going after fraud in these institutions. In fact, EDMC reached a large settlement with the federal government last year that included loan forgiveness for some Pennsylvania students. Even if the terms of the settlement do not apply to your situation, you may have another cause of action. I suggest that you speak with a local Pennsylvania attorney who handles student loans, education litigation, or complex civil litigation.See question
My divorce was finalized a year ago as a non-fault, but today she had sent me a text saying her credit is bad do to the engagement ring. The debt has gone above 7 years statue of limitation and is still unpaid, and neither one of us has ever call...
The Pennsylvania Statute of Limitation that applies to most consumer debts of this type is four years. Assuming that neither your ex-spouse nor you made a payment in the last four years (and the creditor did not sue and obtain a judgment), the debt is most likely barred by the Statute.
Negative information can remain on a credit report for up to seven years. However, "vulture" debt collectors (debt collectors who attempt to collect debts barred by the Statute of Limitations) often try to get around this restriction. Such debt collectors sometimes “re-age” debts by reporting a false last activity date on the debtor's credit report. Their purpose is to keep the negative information on the report longer or to make it appear that the Statute of Limitations has not yet run. Perhaps your ex is dealing with this type of collector. If so, as my colleague mentioned, your ex may have a claim against the debt collector or creditor under the Fair Credit Reporting Act.
Your ex should seek the advice of a consumer attorney who handles debtor defense. As to whether your ex can seek compensation from you, it is unlikely, unless you have a provision in a property settlement or divorce decree that required you to pay the debt. Nonetheless, you may wish to discuss the matter with a Pennsylvania consumer attorney.See question