Filed a chapter 13 to dave home from foreclosure, my attorney withdrew from the case, but also scheduled a motiin-counter only. I'm not sure what that means, but my lender and their attorney have been notified and have an automatic stay since fil...
If your attorney is like me, they are staying in close contact with you on what to do. Otherwise, make sure you keep your mortgage current and also keep the trustee payments current. If you do not have an attorney, run to the attorney of your choice and get help immediately, you cannot effectively do Chapter 13 on your ownSee question
I need to have the same rights over my daughter. Can I postpone the divorce until I finish paying my custody lawyer?
Yes, refusing to sign makes the divorce a contested matter.See question
Both husband & wife's name is on deed to the house. But only husbands name is on the mortgage. What will the mortgage company do? Do you have to tell the mortgage company?
If you want to stay in the home, you must keep the mortgage current. See an attorney to get the deed amended.See question
I want to file for a divorce. My ex moved and i don't know his new address. He still works for the same place. Can I have the sheriff serve him at work?
Yes your soon to be ex can be served at his place of employment.See question
I file a chapter 7 and property was in foreclosure but for some reason the mortgage company stop the foreclosure and released the property and I wasn't aware of it when I file a chapter they told me it will still look like it is in my name for awh...
Governmental fines are not dischargeable in Ch.7. You need a responsive, experienced Chapter 13 bankruptcy attorney to help you with this.See question
My debt is overwhelming but I'm afraid if I file bankruptcy I will lose my home.
Is your home worth more than your mortgage?See question
I worked and make $180/a week. Sometime less than that, because my health. Last year I have been in the hospital for 7 times for heart problem stroke, seizure , diabetes type 2
Did you receive a discharge? Which chapter did you file?See question
Is the 2 or 3 year rule in effect so i can avoid collection I already paid you guys for advice, but tried to get your attorney to call me back with an answer (John Delaney) no return call)
Sales tax is nondischargeable. It must be repaid. Find an attorney with Chapter 13 expertise, who answers your questions promptly, listens to you and gives you options.See question
Im selling my home to a relative on a contract for deed. The house is in need of repair and upkeep was just more than i could handle. I have a lot of credit card debt and considering bankruptcy. If i do file what happens to the house? Will my rela...
Great question, How much credit card debt do you have? To protect home equity you should talk with an attorney who knows the intricacies of Chapter 13.See question
state=IL. have credit card debt only. own house and car, but want to keep them, and am considering ch 7 with an end in view to settle w/ ch7 trustee. Wanted to know what considerations a ch7 trustee might have in settling w/ a filer. for my info: ...
It boils down to what types of debt you have.
In a bankruptcy proceeding, debts are considered either consumer debts or non-consumer debts. If you can prove to the court that more than half of your debts are non-consumer debts, then the amount of money you earn doesn't matter.
When Congress enacted the Bankruptcy Code, it wanted to make sure people who incurred mostly non-consumer debts were protected. Their reasoning was to encourage people to take risks by starting new businesses and not to penalize them for their business debts.
This means: If you have mostly non-consumer debt, the means-testing bankruptcy laws don't apply. The laws that compared your Schedule I income with your Schedule J income don't apply either. Your income doesn't matter when you have mostly non-consumer debts.
Debts are broken down as follows:
Consumer Debts ... are debts for personal, family and household purposes. These include credit card debt, personal loans, home loans, personal car loans, legal fees for family matters, home utilities, personal insurance, and so on.
Non-Consumer Debts ... are debts for business purposes. These include debts where the motive is profit, such as business taxes, investment real estate debt, loans on business vehicles, business utilities and insurance, and so forth.
Not-So-Clear Debts ... include obligations that could be consumer debts or non-consumer debts, based on your circumstances. These include student loans, medical bills and credit card bills.
With the declining values in real estate - and with so many investors flipping houses - investors who are "under water" may be able to file bankruptcy, avoid foreclosure, and get rid of their white elephants, even if their incomes are very high!
Bankruptcy provides another benefit too: After filing bankruptcy, not only do these investors have no further liability to creditors, they also have no further tax liability that could arise from forgiving debts outside of bankruptcy.
It is important to speak with a qualified bankruptcy lawyer, tax lawyer or financial rescue lawyer to discuss your unique individual circumstances to decide which approach to debt management is right for you.See question