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A little over a year ago I gave up my business to take care of my father who was in hospice for a little over a year. During that time I became further in debt. I am living with family, forfeited my car, and eliminated any luxuries or monthly paym...
Once the creditor gets a judgment, they will proceed to collect on that judgment. Unless you pay it or work out a short term payment plan that the creditor agrees to, generally they proceed to garnish.
There's really nothing for the judge to consider. If the debt is owed and a judgment is entered, the creditor is entitled to garnishment. 25% of after tax wages.See question
I just recently filed bankruptcy and have furniture from Aarons that i have been paying on for over a year now. Can i stop making payments until my court date? I have definitely overpaid for this furniture and for it is worth. Are they allowed to ...
You must "include" Aaron's because you must list all debts and leases.
Because it is a rental agreement, your choices within the bankruptcy will be to keep the items and continue the rental, or to turn in the items and owe nothing further.See question
I have been in a chapter 13 bankruptcy for 3 years now. I recently had a baby and decided to file chapter 7 after my lawyer said i was qualified. We went to court and it was denied because I had a previous chapter 7 and wasnt eligbilty for another...
Eligibility to convert a case to Chapter 7 is based on the date of the filing of the original Ch 13. So if at the time you filed the Ch 13 you were not eligible for Ch 7, then that case can never be converted to Ch 7. The correct action would have been to dismiss the Ch 13, and file a new Ch 7 case under a new case number once 8 years had passed since your first Ch 7.
If the attorney was aware of your prior Ch 7 and did not advise you that conversion was not an option, they should be able to offer you some options. Perhaps they can refile you a new Ch 7 for a reduced fee by crediting what you paid for conversion towards a new case? Discuss with the attorney you have, or feel free to hire another attorney if you are not confident in that attorney's work.See question
I paid a lawyer...I filed bankruptcy....I took the classes. But on this overpayment debt..the State of Indiana contested the debt...my lawyer went to court....both sides argued...the trustee said the debt WOULD be discharged..and it was... NOW......
That is correct.
The rules (US Code) say that penalties to the government are not dischargable in Chapter 7. So by enforcing the penalty, the state is following the rules.
You were overpaid for unemployment benefits. By filing bankruptcy you got out of having to pay that back. If the state had been able to prove fraud, or if you had not filed bankruptcy, you would owe all of it back PLUS the penalties; but because they were not able to prove fraud, the bankruptcy got you out of having to pay back the overpayment. Now you only owe the penalties.
Thank your attorney. Most of these unemployment adversary cases go the other way.See question
I filed bankruptcy....the unemployment people(Indiana) said I owed them $8750..The entire debt was discharged...now they write me a letter saying that they still intend to collect $2500 of the debt that that was discharged because they are saying ...
11 USC 523 (a)(7):
[A debt is NOT discharged in a Ch 7 bankruptcy]..."to the extent such debt is for a fine, penalty, or forfeiture payable to and for the benefit of a governmental unit, and is not compensation for actual pecuniary loss."
I hired and paid for a lawyer to represent me in Federal Bankruptsty court. He flew off in his convertible Mercedes as I pulled up to Ferderal BK court. I represented myself. I was granted chapter 7 BK 7-15-14. I was awarded SSDI on 9-3-15. Re...
Did you get to the hearing late? That's the only valid reason that the attorney would already be leaving when you arrived.See question
Sue a bankruptcy trustee? My wife and I had filed for chapter 7 back in July 2016. We were told by our lawyer that our tax return would have to be handed over to the trustee for assets. We had done so and finally received our portion of our tax re...
No need to sue the trustee. If you've really made every effort to communicate with the trustee and are not getting any response, you can contact the United States Trustee's office for your Region. They oversee all the panel trustees.
In Southern Indiana, that's Region 10, and the Indianapolis office:
Office of The United States Trustee
101 West Ohio, Suite 1000
Indianapolis, IN 46204
Phone: (317) 226-6101
Fax: (317) 226-6356
The contact should really be coming from your attorney, not you directly, so please make every effort to contact your attorney first.See question
I filed my bankruptcy in July 2016 , i know in the state of indiana trustee cannot take eic, what about child tax credit also don't trustee have to pro rate what they take.
NO. Only EIC is exempt under Indiana law. Other credits are not. There will be a proration of the refund and any other exemption you have claimed will also be applied.See question
I hired a firm for bankruptcy they were bought out by another attorney. I never could get the 335 together for the filing fee and now I am being garnished and have health problems and the firm never did anything but send me one rough draft and sai...
Have you spoken to the new firm? Have they given you an explanation of your options?
Three years is a very long time to wait to file your case, and an attorney is entitled to keep earned fees. Sending you a rough draft probably involved a lot more work than you are realizing. By the time a draft is prepared, the attorney has already collected and reviewed all your documents, ordered credit reports, and drafted everything for your case. At that point the case was nearly ready for filing, so the bulk of the work would have been done.
My office took over another firm's cases a few years ago, but we did not receive any money from the other firm. In our case the other firm was going out of business. So we agreed to help their clients by finishing up their cases at no additional cost. This means in many cases we did the work for free as long as the client proceeded with their case in a reasonable time. Are you certain that the new firm actually received your money? If not, you maybe need to contact the old firm.
Again, most bankruptcy cases are filed within 6 months after a client pays. If a client disappears for 3 years, I would close their file. That is a very long time to take.See question
I have had to file chapter 13 twice. The second one is due to my first aty passing. I have been in the second one for over a year and it's still not confirmed due to the mtg company mishap. My aty has field for a motion of comp. but the # is not w...
You should probably get a second opinion from another local bankruptcy attorney if you are concerned about any of this. Someone will need to review the docket on the case to see if the issues you are worried about are actual problems or routine matters for your case.See question