In Florida motor vehicles only carry a $1,000 exemption. However, HSA and IRA are fully exempt. Would I be allowed to sell a vehicle with $20,000 equity in it and move that money into an HSA and IRA account?
Yes, you can most definitely do that and no matter what we say you will probably do it anyway. Having said that, here is a couple of things that will happen to you if you file bankruptcy:
1. Trustee or a creditor will object to your discharge.
2. Trustee will get that money one way or the other because it is considered a fraudulent transfer.
3. If the Trustee or the Bankruptcy Judge really want to teach you a lesson, they may refer you to the U.S. attorney and the Federal Government may consider providing you free room and board for a few years at tax payers expense.
I hope item # 3 will discourage you from doing anything and you will consult with a local bankruptcy attorney. They usually give a free consultation.See question
I allowed a family member to stay in my home for the past month (to get back on her feet), but she has overstayed her welcome and refuses to leave. She's not a tenant, does not have a lease, and has never paid rent to live here. She's currently in...
First you will need permission from the bankruptcy court. Once you get that, you will have to file an ejection action in county court and get an order ejecting her.See question
My bankruptcy attorney refuses to file any motions I need filed. So I am doing them. Do I still list him on the Certificate of Service and mail him a copy since he is the attorney of record?
Abraham Lincoln said it best: A person who represents himself has a fool for a client.
Bankruptcy is not something one plays with. If your attorney is not providing you the services that you "believe" he should provide, get a second opinion from another local bankruptcy attorney. They will give you an unbiased opinion as to whether your bankruptcy attorney is a "dunce" or whether you are expecting too much for what you have paid him for the simple chapter 7 bankruptcy case.
The minimum your attorney needs to do is as follows: file all the required schedules with the court, attend the Meeting of Creditors; advise you to do the predischarge counseling; possibly review the reaffirmation agreement for your car, and get you a discharge of your debts if everything else works out well. Everything else is outside the scope of the retainer.
Calling your mortgage company, doing the loan modification, calling your car company and making a deal, etc. etc. is way outside the bankruptcy representation. I hope this helps. If you are in the Southern District of Florida, the attorney is allowed to charge you $2500 for the MMM; $100 costs for the DMM portal, and $300 to be paid to the mediator. As part of the MMM, he will speak to the lender if needed. I hope this helps.See question
According to the court’s guidelines, does their Motion have to submit/include everything, #’s 1 thru 8 in Section C if they have a Foreclosure Summary Judgment, on only #8? Also, do they have to submit/include everything under Section A. Contents...
First, if you have filed your Chapter 7 on your own, and the reason you filed was to stop a foreclosure sale, it is quite possible that you may lose your home even prior to getting a discharge in your case. I would suggest that you find a bankruptcy attorney in your city to guide you.
Second, there is a great possibility that the bankruptcy Judge will grant the lender relief from the automatic stay especially if it is a homestead property that the Trustee does not want to administer. If there is a foreclosure judgment then there is even greater possibility that the lender will get relief from stay. Some Judges may grant relief, however, will not allow the lender to schedule a sale date for 90 days or so.
Third, you can and should file an objection to the Motion for Relief if you think that not all the requirements are met by the lender. Each district has its own requirements. You may want to read the Local Rules of your district. I have filed objections based on faulty affidavits, faulty allegations in the motion, amount of debt that is reflected on the motion, etc. etc. If you file an objection that does not make sense, the Bankruptcy Judge may get angry at you, especially if you or a spouse has filed bankruptcies before to stop foreclosure sales, etc.See question
I been waitting on the lawyer to move on this i paid in full like 8 months ago and nothing. Everytime i call them or email them they never call me back. When they do its a new person working on my case? What can i do
If you have paid me in full, and you have given me every document that is required, I can file your Chapter 7 case in 52 minutes or less if it is a simple case. If it is complicated, then a couple of hours. If your attorney is not calling you back, and you are having a hard time getting hold of anybody in the attorneys office, it is time to find a responsive professional to take care of you. Even assuming that this attorney is an extremely busy attorney, he or she owes you a duty of a call back.
Once the case is filed with the bankruptcy court, and everything goes smooth, you should receive your discharge in 90 to 100 days from date of filing. Sometimes cases do get delayed because of documents, etc. But that delay is usually about 30 to 60 days. I know there are some Trustees who will try to delay your case longer sometimes for good reason at all...like in one of my cases a particular trustee delayed one case for almost 6 months, and then abruptly decided that there was nothing to administer in the case. Of course my Client was not happy. But it was my job to calm him down and let him know that there is nothing to worry in his case. The Client was Ok with it after speaking with me.
Ask for a refund, and then find another professional in your city.See question
Or is there any way to have the amount reduced?
I have several clients whose wages were being garnished either by the IRS or Department of Education. I have filed these Clients in a Chapter 13 bankruptcy with a 5 year plan. The automatic stay prevents all creditors including the government from garnishing your wages as long as your are in a bankruptcy.
Remember, just because you file a Chapter 13 it does not mean that your student loans will get discharged. There is a special procedure for that. Meanwhile, you can talk to the student loan people and see if they have a program to defer your student loans.See question
If i filed ch 13 a month ago and paid my attorney his down payment and now because of an unrealistic expectations in ch 13 need to convert to a ch 7, and i will be about 10-20 days late paying my attorney his additional ch 7 attorneys fees and he ...
I would not withdraw from a case just because it takes the Client two weeks to get the money together, and I doubt your attorney is withdrawing for the money. If that is indeed the case contact me, and I will assist you with your Chapter 7 case.
The case proceeds as usual whether you have an attorney or not. If you do not have an attorney, you are still responsible for filing all the required documents timely. If you do not do so, the Court will dismiss your case. Of course, you can always file a motion to reinstate the case, etc. etc.See question
If i hire a ch 7 attorney, and i satisfy the means test, regarding the schedules and the trustee, and judge, including first meeting of creditors now set for 10 days away, does my now having an atty convert to a ch 7::: 1. Do any schedules change...
Abraham Lincoln said it correctly when he said "a person who represents himself/herself has a fool for a client." Chapter 13 is very complicated, and if you convert to a Chapter 7 improperly or too early, you are putting yourself in the Lion's mouth. The lion here is the Chapter 7 Trustee. If he finds something wrong with your case or he finds an assets in your case, he will go after that asset with a fury like you have never seen before....even though you filed your bankruptcy pro se.
May I humbly suggest that you meet one of the local bankruptcy attorneys in your area. Most of them give free consultations, and it may be worth your time to learn more how the Chapter 13/7 process works.
I recently had a judgment passed against me by a collection agency representing Discover Card for less than $5000.00. I don't have a job currently but I expect to be employed soon, at the very least a part-time job. I'm willing to pay a yet to b...
If they just got a judgment, it will take a few months before they start garnishment activity. The first thing they go for is your wages. Since you are unemployed, this does not matter. The second thing they go for is your bank accounts. Even if you do not have money in the account it gets frozen and causes you inconvenience. It will take them a little more time to get to your car. You may want to consult with a local bankruptcy attorney. Most of them do give free consultations. This way you will be prepared when the garnishment activity starts.See question
The letter was addressed to the court house and I received a copy. It regards an old debt that I have been unable to pay since I went out of business in 2010. I am 70 yrs old and have only my social security to live on. What are your advice as to...
If your only income is from Social Security, and you have no "non-exempt" assets, there is nothing that a creditor can take from you. However, you may still want to consider filing a bankruptcy and getting a discharge of your debts so that these creditors stop sending you papers or harassing you. After all there does come a time when a person should be allowed to live in peace. Creditors are usually unrelenting in their harassment, and they do not care if your a 70 or in ill health. Their main job is to collect on a debt. I hope this helps.See question