I have been in the Chapter 13 since November 2011, all the payments have been made in full and on-time. When the attorney filed for a discharge (December 2016), the trustee requested my tax returns for the 5 years and proof receipts for what I spe...
This is an excellent question!! For my clients I explain to the court their individual situation and ask the court for permission to keep the refund. Let me know if I can help you any further.See question
I filled out a Bankruptcy back in February, I was told by my lawyer than if I ended up receiving money from a Workers Comp case that I was fighting for about 5 years that money was not on risk to be taken away due to that I suffer a personal injur...
Workers Comp awards are 100% exempt from trustees if exempted properly. Did you represent yourself? Did you have a lawyer helping you? Personal injury awards have a limited exemption. I'd be happy talk more about this with you.See question
I received a call from a collection agency on a student loan that I co-signed for. THe agency told me the loan has been in default since March of 2009. THis is the first I have heard of it. No notice from the bank regarding the loan being delinque...
A Chapter 13 bankruptcy would force the creditor to deal on your terms based on what you can afford. If you do not go that route, then consider the following:
The federal Fair Debt Collection Practices Act (FDCPA) sets the national standard for collection agencies. The FDCPA, enforced by the Federal Trade Commission (FTC), prohibits abusive collection tactics that harass you or invade your privacy. (15 USC §§1692-1695) The full text of the FDCPA is found at http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre27.pdf
Generally, the FDCPA only applies to agencies that collect debts for others. However, other federal or state laws may apply to in-house debt collections. For more on debt collections not covered by the federal law, as well as collection laws in California and other states, see Parts 4 and 5 and Attachment A of this guide.
Can a debt collector contact me by phone?
Yes, but within limits. A debt collector cannot:
Call you before 8 a.m. and after 9 p.m. unless you agree.Call you repeatedly or use the phone to harass you.Trick you into accepting collect calls or paying for telegrams. Use obscene language, make negative comments about your character, or make religious or ethnic slurs.
Call you at work if the collector knows your boss does not allow such calls.
If you have an attorney, the collector should call that person, not you.
Fair play under the FDCPA also means a debt collector owes you the truth about who it is and what it intends to do. False statements and deceptive practices like the following are not allowed. A collector cannot:
•Claim to be an attorney or government employee when it is not.
•Send you documents that look like legal papers when they are not.
•State that forms sent to you are not legal documents when they are.
•Say that you committed a crime.
A debt collector threatened to sue me. Can it do that?
A collection agency can file a lawsuit to collect a debt. However, among the many things a collector is not allowed to do is threaten you with a lawsuit just to get you to pay the debt. Examples of threats and deceptive practices prohibited by the FDCPA are when the collector:
•Says it will garnish your wages or sell your property if it is not legal to do that.
•Says it will sue you, if the collector doesn't intend to sue.
•Is not truthful about the amount of money you owe.
•Says you will be arrested if you don't pay the debt.
•Threatens you with violence.
Does a creditor have to tell me before it sends my account to a collection agency? What about credit bureaus?
You have no right to be notified under the FDCPA that an account will be referred to a collection agency. However, your state may have a law that requires notice in some cases. In California, for example, you must be notified before a health or fitness club refers a debt to a collection agency. If you are threatened with such a referral with no sign of your creditor carrying through on the threat, the creditor may have violated the law.See question
If a homeowner has a reverse mortgage in place and has taken out all the equity value in a lump sum, and then has to declare bankruptcy, what happens to the mortgage? Is the mortgage holder or FHA allowed to foreclose? Or, is the home itself stil...
If a homeowner files a chapter 13 bankruptcy, they would be able to stay in the home while they workout any defaulted mortgage payments. Chapter 13 bankruptcy would also stop any foreclosure. Please contact me to discuss.See question
A credit card was opened in FL by my ex wife in my name over 5 years ago. I opened an account in Chicago since i am no longer living in FL. A restraint was placed on my account without my knowledge of the payments not being made. What is my next s...
Yes. Without the protection of bankruptcy you are at the mercy of the credit card companies. There is probably a judgment against you. I would be happy to discuss the matter with you.See question
In addition It was suggested by Illinois Child Support that I file a motion and go in front of a judge and request a reduction 3 times in Chicago I was ignored and denied a reduction even though I provided proof of being unemployed.
You could stop the lien, free up your bank account, and pay back the child support in a Chapter 13. It would be much simpler than the course you are on now. You would however have to have a source of income.
I would be happy to discuss this matter with you.See question
If one owed the state 2-5 grand for unemployment overpay could it be covered on a chapter 13 bankruptcy?
Yes, I have attached a detailed breakdown of what debts are covered under which chapter.
Debts Dischargeable in Chapter 7
• Personal loans -- such as money borrowed from friends
• Credit cards
• Repossession deficiencies
• Auto accident claims
• Health care bills
• Debts from a Business
• Negligence claims
• Tax penalties over 3 years old
• Non priority taxes
Possibly Dischargeable in Chapter 7
• Willful and malicious injuries to others
• Fraud or dishonesty
• Debts arising from breach of fiduciary duty
Note: Creditors must file suit promptly to contest the discharge of this claim.
Need Chapter 13 for:
Debt Limit: Disallowed for debtors with unsecured debt over $336,900 or
secured debt over $1,010,650.
• Luxury purchases on credit within 90 days of filing
• Cash advances of over $750 within 70 days of the filing date
• Debts for loans taken out against retirement accounts
• Trust fund taxes
• Child or spousal support
• Fines, penalties, restitution
• Accident suits involving intoxication
• Debts not listed -- see below
• Penalties payable to the government other than tax penalties
• Student loans
• Debts in prior bankruptcy and debtor was denied a discharge
• Taxes for years where return was unfiled or filed for less than 2 years
• Taxes for which no return has been filed
• Taxes first due within three years of the bankruptcy
• Taxes assessed within 240 days (8 months) of the bankruptcy filing. “Assessed” means you did not file a return, so the IRS computed how much they think you owe.
My husband is the only souce of income for our household, as we have two children with severe developmental dissabilities. We do not qualify for any assistance from the state or county or fed gov. as they say he makes too much money. I am needed...
You can save your home, and your 404c retirement with a Chapter 13 bankruptcy. You need to see a bankruptcy attorney immediately. Since your husband has a stable income, you will probably meet the eligibility requirements.
If on the other hand you do not have enough disposable income to fund a chapter 13 plan, chapter 7 could be an option. Money in retriement plans is exempt, and if your residence is upside down then there is no equity for creditors.See question
Can I get a mortgage in just my name even though I am married now to avoid any problem obtaining a loan?
Probably yes. If you apply for the mortgage yourself your wife's bankruptcy will not come into play. I recommend using a Mortgage Broker. they work with many lenders, and shop around to find one who will make you a loan. There is a fee, however it saves you precious time. A good online broker is E-Loan.
Examine your wife's credit since the bankruptcy to see if it has improved, if it has she may actually improve your results.See question
I filed for bankruptcy and received my monthly payments on 9/16. I was laid off on 8/16. My attorney advised me not to inform the court I was laid off. I still have not found work and cannot make the court payments. What can I do?
Unfortunately if you are unable to make your plan payments, the Chapter 13 trustee will eventually dismiss your case. You could convert the case to chapter 7See question