Can I file this in my home state, using a home state bankrupcy attorney? How long is the process and the cost?
Bankruptcy is applicable nationwide, regardless of the state of filing. Generally, you can file in the state you live in or the a state where your assets are located.See question
I'm attempting to buy a home that was part of a bankruptcy which closed 6 weeks ago. The lawyer, trustee, and a judge have reviewed my offer. The owner has final approval and we've agreed to the additional costs needed to cover her debts. We also ...
There's too many permutations of what occurred regarding the property during the bankruptcy to make assumptions and attempt to identify particular risks. A house is a significant enough purchase that you ought to spend a few hundred dollars and get advice of a qualified bankruptcy attorney who is fully informed of all circumstances and capable of representing your interests if necessary.See question
I received a title loan a few years ago, but I can't pay it. I had filed chapter 13 bankruptcy (but got it dismissed a few months later)...so my loan was put in bankruptcy status with no payment needed at this time.
A title loan without the car is just an unsecured loan. Unless there's something more complex you haven't mentioned, I would expect this among the sorts of loans discharged in chapter 7.See question
I filed Chp 7 myself 2yrs ago. March last year will be 2yrs from discharge date. There was a forgotten medical bill along with a few new and old creditors (originated before I filed) that need to be added. I would like to avoid filing Chp 13. What...
It's possible that if your case was no asset and there was never a claims deadline, the creditors are discharged anyways already. Have a local attorney review and if that's the case, also send a letter to the creditors noting the applicable cases that make that so.
In any event, this is an area where local practices very. Act only on the advice of someone practicing in the same court as the case was pending.See question
Good afternoon, have a few months left under a Chapter 13 bankruptcy. Currently the biweekly payments are payroll deducted. If I change jobs, I understand, as long as I continue to make payments, then I should be able to obtain a discharge. I ...
A lot of the answers you seek are dependent on the terms of your confirmed plan and other case factors. You ought to seek advice from your attorney, if you have one, or consult with one locally. Every court and trustee handles post-confirmation issues a little differently, and generic national advice isn't ideal for this sort of matter.See question
I received a civil summons that I need assistance with. They actually have all the documentation, so I can't dispute that I owe. It appears this debt is 3 years old. I don't know if the statute of limitations comes into play, but I would like to...
Is the creditor Portfolio Recovery Associates, LLC? If so, the creditor is a debt buyer, and there's some very rigorous statutory requirements that exist under NCGS §58-70. Oftentimes there are effective legal strategies to defend that sort of suit. Feel welcome to reach out to me if you'd like to learn more about this possibility.See question
We want to move due to employment and our house is in our chapter 13 bankruptcy.
Generally, yes with court approval. Depending on the particular facts, e.g. how it's being treated in the plan, whether the plan has been confirmed, how much equity (or negative equity) is in the house, presence of certain subordinate liens. etc, it may be easier or harder, or a good idea or a bad idea. You need to consult with your attorney about this carefully.See question
Just received a civil summons from a law firm representing Discover card for a principle balance of $7,026 and accumulated interest of 7,658.00. Attached with the documentation was a default judgement filed in May of 2007- stating I didn't show up...
1- you'll want to research the old judgment to see how they claimed to the court that they served you. If the court entered a judgment, discover surely claimed service.
2- An account with a $5k limit can grow to $7k from default rate interest prior to judgment. This is not odd.
3- the statute of limitations is 10 years on renewing a judgment, which they appear to be within.
If you could prove defective service, the original judgment is void and that's a defense to renewal. Don't underestimate how difficult that argument is.
Alternatively, you could seek bankruptcy relief. Or, you could do whatever you did for the last ten years for another ten years.See question
I want to file chapter 7. I live in a condo alone that my boyfriend rents in his name. The rent is 795 a month. I understand I have to state this on income form. I pay all the utility bills which are in his name. Will he have to be involved in ban...
You're correct that they'll need to be some disclosure of the household budget structure. Assuming there's not money owed between you, i.e. he's not your credit and you're not his, it wouldn't typically be the case that a significant other would be involved in a bankruptcy case. There are some special cases, so I would urge you to seek competent local representation to make sure what you have in mind to do will accomplish the objectives you desire.See question
In bankruptcy court a Judge made decisions sua sponte, which was inappropriately done and I want to appeal. I read some cases where the debtor requested a hearing first. To clarify sua sponte a Judge can issue an order sua sponte on things you did...
There's no BAP in the 4th circuit. Appeals are to the US District Court.See question