Motion for damages for violation of the stay and discharge of a bankruptcy case

The stay resulting from a bankruptcy filing is automatic; it is imposed even if you are not aware of it, however, generally, a debtor must...

Bankruptcy Adversary and Damages

Federal Rule of Bankruptcy Procedure 7054 incorporates into Adversary Proceedings Rule 54 of the Federal Rules of Civil Procedure regarding the...

Supreme Court's Opinion in Ransom v FIA Card holds that if there is no lien financing or lease expense associated with a vehicle, then you do NOT...

Will filing a chapter 13 bankruptcy stop or slow down a commercial evicition process?

The reach of the automatic stay of the Ch 13 case depends upon who the tenant(s) is/are on the Lease. If the tenant is an individual, then, yes,...

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Do I need to file a claim of exemption if I'm filing for bankruptcy?

An additional perspective to my colleagues' responses -- The bank accounts listed on Schedule B as assets will result in the automatic stay...

I am filing chapter 7 in NY. A paralegal is helping me. But we have a question. Where do we list a personal injury claim?

All personal property assets must be listed on Schedule B; in particular, I believe B-20 addresses "contingent and unliquidated claims". More...

Does a condo owner have to pay condo fees due after date of bankruptcy filing?

Debts for condo fees arising before the date of the filing of the Ch 11 case can be discharged; has a Lien been obtained for these pre-bankruptcy...

I was just served for past HOA fees that were incurred after my discharge.

As others have responded regarding the non-dischargeability of this debt, I will address a possible action if you are sued and a judgment is...

Find a different, better address for the creditor. Look at a past billing statement; Google the creditor; get a credit report. Mail the Notice of...

Can attorneys fees and interest continue to accrue for HOA fees when making a payment arrangement to pay the arrears?

Yes, interest and attorneys fees can both accrue on an unpaid HOA obligation. Any agreement that you entered into already may contain provisions...