I currently have credit card and an education loan debt that I am unable to pay. I live abroad and do not currently work. I co-own a house with a family member in FL and we are concerned that the house may be in jeopardy. Please advise. Many t...
You will need to consult an attorney about the home. Real estate that is not your homestead is subject to the claims of creditors whether or not you file bankruptcy. A judgment creditor can put a lien and levy upon non-homestead real estate and a bankruptcy trustee can liquidate non-homestead property. Your family member should certainly be in touch with a local attorney.See question
I own my home I only owe $6,000 on the mortgage but the home in 1998 for 96,000 it is now worth 170 I owe 65001 seven different credit cards and have paid until the minimum have gotten too hot I can't afford can I keep my home
Your Florida homestead is exempt from the claims of your credit card companies. There are some exceptions that could create a problem with the homestead protection which could change this general rule but you should obtain a consultation with a local bankruptcy attorney to review your situation to be sure.See question
Receiving letters of threat by attorneys to garnish wages. There was a hearing i did not attend.
A creditor cannot garnish your wages until it sues and obtains a Final Judgment. The judgment creditor can then try to garnish wages. You may have a defense to garnishment of wages if you provide the majority of the support for a dependent. The repo creditor certainly can sue, though sometimes the creditor waits a long time, even several years, to file suit. (As long as within the statute of limitations.)See question
I filed chapter 7 and was awarded discharge. I recently received notice from the judge appointing an attorney to represent the Trustee. I called and was told by the Trustee thst she was suing a large Toyota Dealership here where I live for violat...
A claim for damages for violation of the automatic stay should be your claim, not the trustee's. If the trustee is suing for a claim for improper collection practices that took place prior to your filing bankruptcy, then this would be the trustee's claim.See question
I am a single mother, self-employed and filing for bankruptcy. I am paying for my home on time with a mortgage for thirty years. I have a vehicle which I use and pay on time. There is another vehicle which I got under my name for my 22 year old ...
All assets titled in your name must be listed even if you claim an asset is not really yours. Sometimes there becomes an issue with the trustee when you make a claim that the asset does not really belong to you, called "bare legal title". This can be a real problem and issue if you have equity in the vehicle. However, based on the amounts you have listed, the trustee would not take action against an upside down or underwater vehicle. There could be an issue if you are paying for your son's insurance. You should consult an attorney to review the facts of your case.See question
Hello. I have a home that I included in and surrendered in a chapter 13 bankruptcy in 2012. I vacated the property in 2013. I'm still in and making payments on my bankruptcy. However, the mortgage company released the lien and charged off the debt...
If the mortgage is a first mortgage I seriously doubt whether the mortgage lien was actually released. A charge off is not the same as a release of the lien. The Release would have been recorded in the public records of your county. You should see an attorney and review what actually has taken place.See question
We are in the process of loosing our business in Florida with an sba loan. The collateral is our home and business equipment. If we file bankruptcy on the sba would it effect our other business in Tennessee.
All assets must be listed and disclosed in a bankruptcy case. The consequences to your Tennessee business could greatly vary. You should consult an attorney to discuss issues in a possible Chapter 7, 11 or 13. The starting point analysis is clearly there will be an impact on the Tennessee business if you file bankruptcy.See question
Basically I had a business that just suffered and I stayed at the dance too long and racked up credit card debt. I reached the point I need to file chapter 7 bankrutpcy. The thing is 75% of my debt is with the bank I have been with for 20 years. C...
Yes, you can switch banks. Y:our current bank might have a right of set-off against the funds in your bank account. As to any retirement account, any transfer should be a direct rollover so you do not mix the funds-don't commingle. (I have heard the suggestion that this transfer could be viewed as a fraudulent transfer to avoid your bank creditor. However, I have never seen this argument actually raised in court) You are correct that full disclosure is essential.See question
Can a bankruptcy filed the day before a divorce hearing by one of the parties stop the divorce proceedings?
That is a complicated question. There would not be a stay on a divorce itself. But property issues are more complex because assets could be subject to the bankruptcy so the stay could apply.See question