Received a summons to court for an old debt (2014).
You can settle prior to a pretrial conference. You can contact the attorney for the creditor and try to make an arrangement. If an arrangement cannot be made you will need to attend the Pretrial Conference.or a default and judgment will be entered against you. Be sure any agreement is in writing. Note that a 2014 would not be considered old or beyond a statute of limitations.See question
I am a 23 year old female. I was hit by a car back in 2013 and was unable to pay the medical bills totalling 19,000. they are sending me letters for me to pay. I am unable to pay. I have no job at this time. It is difficult for me to find w...
You should be able to obtain a free consultation from a local bankruptcy attorney. I am assuming that you have not been able to obtain a personal injury injury to try to collect as a result of your car accident. A chapter 7 bankruptcy can eliminate your medical bills..See question
I am currently in chapter 13 bankruptcy and I would like to file for social security will this make a difference to the chapter 13
This might be an issue of local practice, but there is clear higher court authority throughout the country that Social Security income is NOT required to be used to make your payments in chapter 13. Not only does social security not count in the formula means test, it also cannot be held against you as available income in a chapter 13. I have taken this position successfully in Broward County, Florida.See question
I have an auto loan in the total of 42,000.00 and around 9,000.00 in credit card debit to various creditors. I live in Florida and wanted to know what my options would be on filling for bankruptcy the car is around 400.00 a month and credit cards ...
A chapter 7 might be advisable for you. You can surrender the vehicle and discharge the balance that you would owe the car finance company. You should consult an attorney regarding your personal circumstances.See question
I lived in Florida from June 2013 until August 2014, then in California from August 2014 to August 2015 when I moved to Tennessee for 4 months, and then I moved back to Florida in December 2015. I want to file bankruptcy but I don't know which Sta...
You can file bankruptcy in Florida after you resided here for 91 days. Since you have not resided here for 2 years, we have to consider where you resided the 180 days prior to the two years before you file bankruptcy. It may well be that you can use Florida exemptions. But there are many issues that would be fact specific to your case. How long have you owned your home? You abandoned the property as homestead then moved back? These and other issues should be discussed with a local attorney.See question
We filed Bankruptcy Chapter 7. The case was discharged and closed on 31 October, 2014. Our VA Refi is held up because one of the debtors discharged still shows up as a final Judgement on our county court records.
There are actions you can take to resolve this matter. In Florida a recorded certified Final Judgment creates a lien on real property. Since you are refinancing, I assume you owned your home when you filed bankruptcy. A motion to avoid lien during the bankruptcy allows you to obtain an order that says the judgment lien does not attach to your homestead. Your case is closed, so you should be able to file a motion with the bankruptcy court to reopen your case to obtain this order. Finally, a real estate attorney could help you with a procedure involving providing a notice of refinancing on the homestead to the creditor which is filed in the public records.See question
I have a lien on a car and would like to give it back to the financial company. I have little finances aftet divorce and my ex leaving the country for brazil in order to avoid paying permanent alimony. He is an american.
I agree that you can contact the finance company to arrange for them to take pack the car. They will sell at auction and you would be responsible for the deficiency, the difference between what you owe and what they sell it for at auction.See question
I am trying to avoid losing my homestead exemption which has various rules around rentals and leases, e,g. they are not allowed.. I bought a condo (Title is in my name only) and my girlfriend plans on moving in soon. She plans to make my hom...
You will not have a problem continuing to have your homestead protection.See question
We were going to file Chapter 13 bankruptcy however, have decided no to do so. Our income is back to where we can pay some bills but it will take us some time to get caught up. In addition, we have a vehicle that we would like to see about having...
Debt settlement or chapter 13 bankruptcy? This question should be reviewed on a case by case basis. Avoiding a bankruptcy is certainly a goal. You should be careful of debt settlement firms who might charge high fees as they hold your money as you make a monthly payment to them. Typically, if you are able to settle one creditor at a time with a lump sum discount, then you can have savings in the long run. Sometimes the amount of debt is too high to make this approach practical, so a chapter 13 ends up being the better result.See question
Why? Filed Chapter 7 and was discharged (3 years ago). Hired the worst attorney, my fault. Second mortgage supposedly stripped- Discharged letter received from trustee Now i did a Title search to find out where i stand in order to possibly ...
Traditionally a chapter 7 would discharge the debt on a second mortgage but the lien remained. The second mortgage would have to sign a release to be able to sell or refinance. There was a period of time during the last 2-3 years or so where in Florida debtors could file a motion to strip a second mortgage. A separate order would be retained and recorded in the public records. If this took place then the second mortgage would not have to be paid. There should be no reason why a chapter 7 trustee would have to sign any papers to sell if your chapter 7 is closed and you had listed the property as homestead. You need to consult an attorney to review what took place and what needs to be done now.See question