1. i have called my lawyer on multiple occasions in filing a voluntary dismissal of a chapter 13....everyone in the office is giving me the run around stating some one else has to do the paper work...am I able to do it myself? 2. Was it appropria...
My experience has been that judges are very concerned that people who file for bankruptcy have proper representation and are treated correctly.
I have been in court when a letter by the debtor is treated as a motion to dismiss the case or discharge the attorney or both.
Judges are also concerned that a debtor paying money for fees not be fleeced by the attorneys.
To answer your other question--a plan for payment of creditors must be submitted in a Ch 13 bankruptcy.See question
I was an independent contractor for many years and I did not file taxes. About three years ago the IRS filed tax returns for me. They were garnishing my wages at the rate of $500 per week. I went to a certified public accountant who was able to f...
The bankruptcy code establishes what taxes can and can not be discharged, not the IRS code.
The general rule is that income taxes can be discharged if: 1) the tax is more than 3 years old before the BKC is filed; 2) the return was filed more than 2 years before the BKC is filed; and 3) the IRS assessed the tax owed more than 240 days before the BKC is filed.
However, recent cases have construed the BKC Code to mean that the taxpayer must have timely filed their returns. Some federal districts follow the rule that being just 1-day late filing the return disqualifies the taxpayer from having the tax discharged. You need to find out whether or not the courts in your jurisdiction follow that ultra-strict rule.
Other districts do not follow that rule, so it may come to pass that the conflict will be taken up by the US Supreme Court, so keep your eyes and ears open.
IF your district does not follow that rule then getting into bkc now while the issue is open there may be a good idea, or you may find out that YOU will be the test case the IRS takes up to establish the rule there, and if your tax obligation is the only reason for filing then you will have hurt your credit score and incurred legal fees for no good purpose [filings of bankruptcy are reported on credit reports for 10 years]See question
I have a claim that by itself is worth less than $5,000. However, I want to seek punitive damages that would result in the claim exceeding $5k. I know that you need leave from the court to amend the complaint before being permitted to allege puni...
There are only 2 trial courts in Florida: Circuit and County. It just so happens that in County Court cases where the principal amount of the claim is more than $5,000.00 are governed by the Civil Rules of Procedure and cases of $5,000.00 or less are governed by the Small Claims Rules. Otherwise, same County Court judges, same clerk, same courtroom, just which set of rules to go by.
You have no choice but to file under Small Claims Rules. If the judge gives you leave to amend to add punitive damages your case stays under SCR, because it is the principal amount of the claim which governs.See question
My sister asked me to cosign for a renting lease. She has an eviction on her record (questionably evicted in Tampa though. There was a shooting that hit the wall of her place but the landlord refused to let her move early with her children so she ...
Any agreement you and your sister make is enforceable, but only as between the two of you. The two of you can not make a contract that affects your landlord's rights.See question
Ex boyfriend took $15000.00 then filed chapter 13. Can I get money back? He and wife got divorced with plan to get back together and he would file bankruptcy then took $15000.00 from me and Went back to ex wife
A creditors meeting is a short 5-10 minute event at which time the bankruptcy judge is not present. Instead, the Trustee asks a number of questions and, yes, creditors can also, but since the time is so limited you would want to make a thorough inquiry at what is called a 2004 examination.
If you believe you have grounds to show fraud, deception, or similar misconduct, then you would have to file an adversary proceeding--it is a law suit within the bankruptcy--in which you would try to show that due to the misconduct the obligation to you would not be discharged in the BKC. Your ex might claim that it was a gift, or a business investment the two of you were going to get into.
This is a complicated, highly technical procedure, not a do-it-yourself project. Consult with an attorney right away to determine your remedies, if any.See question
I was pulled into court this week for my ex-husbands Dr. bills from 10 years ago. I am a single mother and only bring home around a $1000 a month. I figured bankruptcy would be my best option. But the attorneys that i spoke with only stop the garn...
I am sure I am going to be blasted by other attorneys when I suggest you use a bankruptcy petition preparer, which is bankruptcy code reference to a paralegal. Some are terrific and some are terrible. However, if yours is a simple case it might be the way for you. They can not go to court with you because they are not attorneys, but maybe that is better than your getting bled dry.
OR, you can find the official forms with instructions on-line for FREE on bankruptcy court websites.
OR, maybe you can get a legal aid attorney? Or local bar association referral? In my area membership in the Palm Beach County Bar Association requires me to take a case for free once a year.
Also you should know that you may be able to get the filing fee for the bankruptcy waived by the Court, or paid by installments of 50% with the filing and the rest in 30 or 60 days.
I do not know Indiana law, but in my jurisdiction the wages of a head of family can not be garnished. Have you looked at that?
Also, you may not have any money taken away from the garnishment. A look at Indiana Code Title 24
http://codes.findlaw.com/in/title-24-trade-regulation/in-code-sect-24-4-5-5-105.html shows that the amount that can be garnished is the lesser of 25% of take home pay or the difference between take home pay and 30 hours x Federal Minimum wage, whichever is LESS. The Federal minimum wage is $7.25/hour which is $942.50 per month. Depending on what your wage deductions are you may find that none of your wages can be taken.
I also noted from the Indiana statute that you can ask a judge to reduce the % from 25% to a lesser amount.
But I am not an Indiana attorney and do not know how the courts have applied the statute so for that you should confer with an IN attorney. You may find out that you have nothing that can be taken from you so that you do not have to go into panic mode.See question
So the tenant was served Friday with the paper stating he was being sued for eviction and had 5 days to respond to the summons. He has since packed his belongings and moved out. Is there any further action needed? Does he still have legal right...
Your tenant has the legal right to return until such time as he is served with a Writ of Possession.
Even under a statute that allows a landlord to presume that the tenant has abandoned the premises if the tenant is gone for 14 days, you would still have to wait.
Look, you have already paid the filing fee, the fee to have a summons issued and the fee to have the tenant served. The remaining fee is $90 to the sheriff. It is easy for me to spend your money but you would be better off finishing up the job--presuming that tenant does not respond to the summons, you will get a default, judgment and writ served in another 2 weeks, or so.See question
Today I was served with a lawsuit filed by a credit card company. I have been planning to file for bankruptcy but was saving the money needed to do so. I now have 20 days to answer the complaint. If I file for bankruptcy now, will it stop the l...
My colleagues' responses are all correct, so let me address a matter not raised: to file a bankruptcy you must first take a counseling course, which can be done on-line. Takes about an hour, you put your information into the database and then a counselor reviews it. A certificate is issued which must be filed with the initial bankruptcy papers filed. Costs range from $50 to $9, depending on which service you use. So, this is something you can do now to get ready for when you file the BKC.See question
Filed a motion for modification in child support because my daughter turned 18 and graduated high school in May 2017. I made a big mistake on my financial affidavit due to not putting down enough of my debt. I am doing this Pro se due to lack of ...
You do not need court permission to file an amended financial affidavit. You can just file it.See question
I received a letter from the Mandarich Law Group stating my account has been sold to them to collect $1,314.36 for their client LVNV Funding, which I do owe, but do not have the funds to pay. Do I still have options to make payment arrangements o...
If you set up payment arrangements then a law suit would not be filed, and you avoid also being held responsible for the court costs.
More likely, the law firm represents LVNV Funding and does not, itself, own the account. And LVNV will sue on that amount of money. That is what they do.See question