From beginning to the time my bankruptcy was actually filed, it took almost 2 years. My first lawyers went out of business and the second one was not very speedy. During this process my wages were garnished. Now that everything is finished they wi...
I rarely do this, but I have to point out that the answers below are wrong. It is fundamental to the law in chapter 7 or 13 cases that the debtor is able to recover wages that were garnished in the 90 days prior to the date the bankruptcy was filed, as long as the debtor can claim the funds as exempt under 11 U.S.C. section 522(d)(5). The debtor must do this by filing a lawsuit in the bankruptcy case before the case is closed, unless the creditor voluntarily returns the funds due the the threat of such a lawsuit. Your lawyer should know all about this -- it is routine.See question
I have missed 3 mortgage payments of 329.each. due to a breakdown and hospital ized 3 times in past 6 months. I receive ssdi of 1379. A month. What r my off of getting a forbearance.
Only three payments missed? You did pretty well. You can stop foreclosure three ways: get a five month postponement, ask for a loss mitigation agreement, or file chapter 13.See question
I only work 20 hours a week and waiting for my disability hearing. I just didn't have the funds to make my mortgage payments.
You are able to stop a foreclosure in three ways:
1. Ask for a five month postponement under Minn. Stat. sec. 580.07.
2. Submit an application for loss mitigation under Minn. Stat. sec. 582.043.
3. File chapter 7 or 13 bankruptcy.
These three ways of stopping foreclosure are automatic and except in extraordinary cases it is not possible for the bank to proceed with foreclosure if you avail yourself of any of these three laws. Most foreclosure lawyers' websites including mine have information about how these three approaches work.
Ok, I'm going to start off by saying I am quite confused. I've been reading & even receiving conflicting answers on this simple(what seems anyway) & direct question. First, here is my situation and then on to the question & plan/thoughts ...
The answer is, they must re-start the process.
However, if you perceive that this is a simple question, consider a few things: you can't be in the "4th month of foreclosure" if you postponed the sale; it is very rare to be ineligible for a chapter 13; your move out date is really only after you are evicted, which is likely many weeks after June 14.
You should talk with a lawyer specializing in foreclosure defense. Some bankruptcy lawyer do. Most do free consultations. Good luck.
My bother would like to directly pay off $14,000 of my mortgage. This would be considered a gift, and not subject to gift tax, correct? The bigger question is can he pay it directly to my mortgage, without it showing up as my income. I'm in IB...
I don't think that income you receive is excluded from income by virtue of being a gift. However, I would suggest asking your CPA or even H&R Block or someone similar.See question
I am currently in the 4th month 'postponement' cycle. May 1st (sheriff sale) is the last Day to get current on the mortgage with June 1 as my scheduled move out date. It is very feasible that I will be able to come current with the arrears, ho...
Yes, a chapter 7 would do this. So would using Minn. Stat. 582.043, or 580.07.See question
I realize this is an unusual question, but there is purpose behind it. I'm planning on filing chapter 7 due to medical bills and other life circumstances. Four years ago, I suffered a catastrophic fire and most of my statements from debt collector...
Good bankruptcy lawyers do have a common creditor list. They also prefer to use the address appearing on the actual creditor bills, and the actual collection agency notices. Just hang onto those, and you will be good. If you have the time and energy, no one will complain if you have made a spreadsheet.See question
My husband and I sued our wedding videographer last year and won our case. Shortly after our day in court I found over 70 other individuals who have experienced similar issues with the same company, some of whom have also sued and won and their la...
You should hire a bankruptcy lawyer to sue for non-dischargeability of the debt. You must file the suit before expiration of the section 523 deadline listed in the bankruptcy court notice.See question
I am several thousand dollars in debt and each month am behind about $1000 in necessity expenses so there is no way for me to pay it back. I am newly divorced and the debt was not split between the two of us because I acquired it on my own before ...
You get the bankruptcy forms on the bankruptcy court's website. Type "Minnesota Bankruptcy Court" into Google and you will find the bankruptcy court's website. However, it is hard to file bankruptcy without a lawyer. It is a bad idea. It will cost you around $2,000.00 to hire a lawyer. Some including me will allow you to make payments. That is the way to go. Good luck.See question
I have a 2nd mortgage after foreclosure about 34000. I have not heard a word from them. It is coming up on the 6 years of statute of limitations where they can't sue me. It still shows on my credit report as collection charge off. Should I contac...
Instead of worrying about what they might do, take the initiative to address your real concern: your credit report. Type "fair credit reporting act" into google and read several websites explaining how to use it from beginning to end. Keep in mind that in Minnesota, after a foreclosure by advertisement, that mortgage debt disappears. Did they foreclose on you? It is rare for a second mortgage to foreclose.See question