Does an unemployment overpayment have to be paid back in after a chapter 7 discharge?

Absent fraud, an overpayment of unemployment benefits should be dischargeable in Bankruptcy. However, beware of the doctrines of setoff and...

Is it a bankruptcy flaud?

Bankruptcy fraud requires that the omission of information be intentional. If your friend was unaware of the deficiency in his documents at the...

In a chapter 13 bankruptsy, can I include college tuition in my Schedule J budget?

In the Eastern District of Michigan, the answer would be no. However, as the other practitioners have mentioned, the answer differs depending on...

My wife owes for a credit card from previous marriage nonthing we have in her name no bank accounts no cars

It sounds as though your wife is effectively "judgment proof". This means that even if the credit card company were to sue her and obtain a...

What happens to a mortgage company that violates a chapter 13 automatic stay?

First of all, I suspect your attorney is proceeding appropriately. This may be a situation in which he or she can seek to have their fees paid by...

Can I file bankruptcy and not lose my property? I rent & live in CA or stay with parents when in CO. I rent out my proerty loca

Your question will be tied heavily to where you file and where you reside. The laws that allow you to protect property vary from state to state. ...

I look online to check my bankruptcy file it said "waiting to close" called my lawyer

I agree that you do not need a lawyer to send a tax return to the trustee. However, if the trustee has kept your case open (ostensibly for a tax...

BK7 DISCHARGED AND COLLECTORS? TODAY I RECEIVED A $116.849.63 COLLECTION LETTER FOR PAST 3 YEARS I STAY IN THE HOUSE AFTER BK7?

Collection of a discharged debt is unlawful. However, if the mortgage company is merely providing you notice, it may not be construed as a...

Not generally. If the cash advance was taken within a certain time before the case is filed, and totals more than a certain amount, then it might...

My grandma is 74 she owns her manufactured home and the market value is 40,000.00

First of all, your grandmother will be best served by hiring an attorney to represent her. But if she is willing to risk losing her home without...