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
Does a Trustee during a Ch.7 341 Meeting request to see bank statements? If so, do they want to see the statements up until the date you filed the petition or up until the date of the meeting? Thanks!
Bankruptcy trustees will always want to see your bank statements through the date of filing your bankruptcy petition. The number of bank statements for the months prior to filing the bankruptcy petition will vary per trustee. The trustee usually will not ask for additional statements for after the date of filing the case. Newly acquired assets are not part of your bankruptcy assets, but new deposits might raise an area of inquiry as to the source of the funds. Generally the trustee will want to see the bank statements in advance of the 341 meeting.See question
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