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
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