I recently filed Chapter 7, and listed Verizon which is one of my creditors, but they in turn, referred the Account to Diversified Consultants, I How do I add this creditor as well as others that will surface. I listed everyone that was reflected ...
Verizon is already on notice even if they hired Diversified Consultants as a collection agent. You can mail a copy of the bankruptcy 341 notice without an amendment. However, if a creditor sells an account, the actual creditor has changed. If sold prior to filing the bankruptcy, you would need to amend. Finally, if any concerns, certainly then you can amend. You would file with the local clerk an Amendment to your Schedule E/F to add the creditor and file a certificate that you mailed notice to the creditor. You would have to follow the procedures in the Middle District for amendments to add a creditor.See question
Me and spouse filed bankruptcy in florida last month. Just discovered my estranged father quit claimed his house to me and my brother, who lives in that state also, without my knowledge but he is still living in the house. He done this before I fi...
You are obligated to amend the bankruptcy. Your attorney will need to discuss the options depending on the actual facts and the local trustee and judge. Perhaps there is no equity. There is a concept called bare legal title which some judges accept and others do not. Also, did the deed place the property in your name or did it only provide you a remainder interest reserving what is called a life estate? You need to review these issues with an attorney.See question
I am divorced and my ex-wife had been awarded exclusive use and possession of our home to raise our kids in. Long story short, she screwed up, stopped paying the mortgage, we were facing foreclosure but managed to get a loan modification. About ...
Your ex-spouse's bankruptcy has nothing to do with whether you are directly obligated to the bank. If you signed the promisory note, you are responsible and can be sued by the bank for a deficiency judgment after foreclosure. Your wife might have agreed to indemnify you or hold you harmless in a marital separation agreement of Judgment of Divorce, but the divorce does not change any direct obligation you might have to the bank.See question
I have a large amount of unsecured debt in my name only. I'm married and my husband has no unsecured debt. I'm on disability and can no longer afford to pay my credit cards and my husband is not willing to help me. I'm concerned how, if I declare ...
You have a lot of issues and planning with your assets and should consult with an attorney. Note you can only have one Florida homestead and issues should be reviewed if you are moving. There is also a concept called tenancy by the entireties which can protect your joint property when you do not have any joint debt. There is an appearance before a bankruptcy trustee in every case.See question
Chapter 7 has been filed. Since filing I have been offered a job, that would be slightly over the means test per month, but would only last 3 months. After that I currently have no job prospects. Would this mess up my chapter 7 case? I have not ha...
Based on the information you provided this should not make a difference in your chapter 7. The trustee will ask you at the meeting of creditors if any changes and you can answer that you received a temporary job.See question
have a bankruptcy against me
If your sister loaned the money, and you should have a promissory note, a lien would be valid. If your sister did not provide the funds and you just want to put a lien on the title to protect it from creditors, this is a fraudulent transfer. The lien can be voided and your bankruptcy can be denied.See question
I AM OVERWHELMED WITH BILLS 4 CAR REPO AND NOW MEDICAL BILLS 10 K I AM FINANCIALLY STRAPED AS I AM ON SOCIAL SECURITY AND WORKIN PART TIME CAN YOU HELP ME
As a Hollywood bankruptcy attorney, I can say that most local attorneys will provide a free consultation. You can review your situation in person. A chapter 7 might make sense for you to eliminate your debt. Note that creditors cannot seize your social security even if they obtain a judgment.See question
The property is homesteaded and the HELOC was discharged in my ch. 7 bankruptcy. I believe I am allowed to reopen my bankruptcy chapter 7 case in order to file a "Motion to Avoid Lien" based on the HELOC's incorrect legal description, am I correc...
A Motion to Avoid Lien is based on a bankruptcy statute where you can avoid a judgment lien that impairs your homestead. This motion is not a basis to set aside of avoid a consensual lien such as a mortgage. Mortgage lenders also have certain rights to reform a mortgage. Further analysis would be needed to review whether you can reopen your case for purposes of filing an adversary complaint to determine the validity of the heloc.See question
If family court decides that husband should pay for wife's attorney fees and husband files for bankruptcy after this court decision, are these fees dischargeable?
It depends, but probably not. This depends on the reason the judge made the award of fees. Generally if it is related to issues of child support or alimony, if the judge finds that based on difference in income that the spouse needed the fees for representation, then the fees would not be dischargeable.See question
I have worked and not yet gotten paid....do I still have to claim that as part of my income when considering the means test?
The means test includes income received during the 6 calendar months that ends with the last day of the month of the month prior to filing. If you file bankruptcy on April 15, use the 6 months through March 31. However, if you are self employed and you are owed money, this is an account receivable which is an asset. If you are an employee and head of household than could be treated as exempt wages.See question