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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
I want to file bankruptcy and not lose my home or car. I have a student loan and credit cards for debt. That's all.
Your home is likely exempt from creditors as your Florida homestead. You can only protect $ 1,000 in equity in a car based on the exemptions from creditor limits in Florida. You should consult a local attorney about the details of your case.See question
I am currently in a Chap. 13 and my auto lease was paid in full through my plan. It is important to note that the co-signer was not included in the BK. It has been about 6 months and I just received a notice from the creditor stating that there ar...
You were paying the lease through the Plan? This issue could vary by local practice, and if you have an attorney in your chapter 13 case should of course consult with that attorney. There is generally a co-debtor stay of consumer debt but the creditor can file a motion for relief of stay to pursue the co-debtor unless the plan provides for 100% payment. You might need to modify your plan to make provisions to pay the mileage fees.See question
I own a home that my son is leasing to own and is actually paying the mortgage payment. The home is also inverted so i owe more than what it is worth. I then own a mobile home in a retirement neighborhood which i owe no money on. If i file Chapter...
You can only have one homestead and it must be the property that you own and where you reside as your homestead. You should consult an attorney about your options including a possible chapter 13 bankruptcy.See question
My chapter 7 was finalized and I received my official discharge on Nov 14, 2016. I filed my taxes this year (2017) as normal. I only made $13,000 for the entire year. My refund was mainly earned income credits and child tax credits. I was told ...
Generally the right to receive a tax refund is an asset that the Chapter 7 bankruptcy trustee can take. If you filed bankruptcy on November 1, the trustee is entitled to 10/12 of the refund. However, you might have a personal property exemption that you can claim. Additionally, in Florida, the earned income credit portion of the refund is exempt from creditors and the claim of the trustee. The trustee probably will get back to you on this issue. However, you also have the right to file a motion with the court to have the trustee refund the moneys to you if they are exempt. You might have to amend Schedule C of your bankruptcy to list the portion of the refund that might be exempt.See question
Bankruptcy court order limited defenses on the breach of a Bankruptcy Court approved stipulation. Is there any case law to back that up and if so, can anyone offer help on which case law? Is providing judicial notice enough?
This question is beyond a request that can be answered on AVVO. This is not a forum for legal research and case law. It is not clear from your question what type of stipulation is in the bankruptcy court. The parties to the stipulation know they are bound by its terms-though if a bankruptcy case was dismissed without a discharge the stipulation might no longer have an effect. An attorney would need to review what is taking place in both state court and the bankruptcy court.See question
I don't think I qualify for bankruptcy I have 68 k in credit card debt I don't have all the paperwork to do chapter 7
I believe you posted another similar question. Not sure why you say you do not have the paperwork to file a chapter 7, paperwork can be obtained. Perhaps your income is too high and only chapter 13 would be an option. You should personally contact a local attorney to discuss options and fees. Those details are not appropriate for this forum. Fees for settlements can also vary and should be discussed directly.See question
I owe around 68000 on credit cards not sure I wanna do bankruptcy will the creditors or collection companies ever accept half the amount Creditors I owe bank of America Discover AAA CHASE SEAR CITI AND CAPITAL ONE WHAT KIND OF ATTORNEY SHUD I ...
Creditors do vary on what they accept as a settlement. If a debt has already been sold to a debt buyer the percentage might be lower than with the original creditor. Lump sum payments if possible can also be an incentive for a better deal. A better result might also take place if you utilize a bankruptcy attorney. You should have a full consultation as to a possible settlement plan or bankruptcy.See question
I am not sure if there is something I was/am supposed to do or file following the judges Order granting My Motion to Avoid Lien. My chapter 7 case has been discharged and closed. But I don't want to have a problem when I go to sell my house in s...
You can obtain a certified copy of the order from the clerk of bankruptcy court. That order must be recorded in the public records of the county where you own your homestead. Record at the same place that deeds are recorded.See question