After being denied an emergency payment from GCCF in Nov. of 2010, I couldn't pay my bills and I filed for bankruptcy in Jan of 2011. It was discharged in April 2011. June of 2012 I apply in the DWH economics settlement. May of 2016 I get a settle...
Any possible asset at the time of filing the bankruptcy should have been listed in your bankruptcy petition. A major question would be whether you listed your claim when you filed bankruptcy. If you did, and the trustee did not preserve his rights to asset the claim, you would be in a better position now to object to the trustee claiming any interest in the property. If you had not listed the claim, under a doctrine called judicial estoppel you would have a major problem trying to keep these funds. You should retain an attorney to review the many issues involved with your case.See question
On December 6th, 2016, I had my 341 meeting in the state of Florida, which is where I live currently. I was told by the attorney presiding on the case, and the trustee that I would be receiving my discharge letter in the mail 60 days, after the 34...
Creditors and the trustee have 60 days after the meeting of creditors to object to your discharge, unless an extension is requested and granted. After the 60 days and if no objection was filed, the clerk of court will proceed to issue the discharge and mail it to you. The time period after the 60 days just depends on the time for the clerk of court to take care of filing the discharge. The time period is generally a short time but can vary.See question
I've paid 80% of the fees in 3 out of the 4 months requested. I followed up on the case and was told remaining money must be paid prior to file. This was never stated or written in contract
Bankruptcy attorneys in chapter 7 will typically require full payment prior to filing the case. Otherwise, the attorney just becomes a creditor. In some parts of the country I believe attorneys in chapter 7 are not even permitted to recover the pre-bankruptcy fees after the case is filed.See question
I'm currently in a chapter 13. The meeting of my creditors is in about 3 weeks. Meanwhile, my closet flooded and damaged a great portion of my clothes. I have renters insurance and filed a claim. Am I required to report this to the trustee?
Insurance recovery is an asset subject to the claims of a bankruptcy trustee. There are differences between chapter 7 and chapter 13. In a chapter 13 you would not lose the insurance money, but it may affect how much you have to pay in the plan. Assets and claims acquired after you filed the chapter 13 bankruptcy might lead to an increase in your chapter 13 payments. You need to discuss this matter with your attorney if represented.See question
I'm a US citizen living in Florida. There's a strong possibility that I'll be moving to an EU country (probably Spain) before the end of the year. After moving, I want to file for chapter 7 bankruptcy. Can I hire a lawyer in the US to do that for ...
Bottom line as others have indicated there are serious issues whether you can legally or practically file bankruptcy after you move to Spain. There might be issues you have now about filing bankruptcy relating to income or assets. But if possible it would certainly make sense to investigate filing bankruptcy while you are still in Florida.See question
I am currently being represented by an attorney to assist me with my bankruptcy. Prior to retaining him, I had mentioned that I was on the deed of my childhood home since 2010 without my prior knowledge. He told me that would not have been an issu...
You must list and transfer of property made within 2 years prior to filing of bankruptcy. However, the bankruptcy trustee can also ask you about any transfers in the past 4 years. The trustee could seek to recover the property unless you wait 4 years from the transfer. Your family might have a defense. You should seriously consider whether you can file any bankruptcy.See question
Can a company just change its name or startup an identical company to escape debt ? Is there anything to prevent you from doing this? For example if you sign a long term lease for an office building and business is not doing well, can you just m...
You need to consult an attorney. The attorney would tell you about fraudulent transfers, piercing the corporate veil and alter ego--about ways you could be also creating a personal liability for itself as well as liability of the new company.See question
I had a business fail but did not declare bankruptcy. I had some debts I could not pay and were written off as bad debts, uncollectable on my credit report. Do I have to still pay the amount? If yes can I try to negotiate the amount remaining?
The creditor might be taking a tax write-off. The debt is still valid as to you, subject to defenses you might have. If the debts are old you might have a statute of limitations defense even though the negative item remains on your credit report. You should consult with at attorney about your options with negotiating the debts.See question
Owe goverment around$7000
Federal income taxes at times can be discharged in bankruptcy. There are numerous factors to determine if you meet the test to discharge taxes. At a minimum, your tax return must have been filed three tax years ago. For example, for income taxes for 2012, the tax return was due April 15, 2013. If that return was timely filed, you might be able to discharge your taxes with a bankruptcy filed after April 15, 2016. This is just a short-hand explanation, so you need to consult a bankruptcy attorney regarding your specific facts.See question
I have three judgments recorded against me in Florida due to a failed business. They are record in the county where my homestead property is located. They each have gone just past the 10yr mark. I want to sell my home, but concerned I would los...
In Florida a certified Final Judgment creates a lien on non-homestead real property for 10 years. The judgment can be recertified. There is a procedure where you can close on your homestead without paying the judgment liens with a special recorded affidavit and service on the creditor. The judgment itself is valid for 20 years but there is a procedure for the creditor with a new law suit to continue the judgment. If you sell your home and use the proceeds to buy another Florida homestead the proceeds of the sale remain exempt. As you can see there are a lot of variable and more details to be discussed with a local attorney.See question