Can I get it back and add the car shop on bankruptcy?
The short answer is no. If I understand your question correctly, your vehicle is in the shop and you want to file bankruptcy in order to force the shop to turn over the vehicle and pay the shop through your bankruptcy. Unfortunately, this will not work. The auto repair shop has what is known as a mechanic's lien on your vehicle. They may retain the vehicle until paid. Under Arkansas law, to proper way to perfect a mechanic's lien is retention of the vehicle. The bankruptcy automatic stay that is normally imposed on all creditor's when a Chapter 13 bankruptcy case is filed would not force the repair shop to turn possession of the vehicle over to the bankruptcy debtor. This has been litigated in Arkansas bankruptcy courts. The bankruptcy automatic stay does not apply to mechanic's liens. E for effort and creativity, but no.See question
i been my moms care giver since 93 this last year my moms had congestive heart failure then she is now final stage kidney heart & she has dimentia six months to live so with her dr me & my brother put her in a nursing home her granddaughter came c...
My sympathies for your mothers situation and health condition.
The person that can legally dictate where your mother resides and who is to take care of her is the person named in her Healthcare Power of Attorney document. That document allows the person named to make healthcare decisions on your moms behalf. If your mother named you or your brother then it is up to you where she resides in her final days. If the grand-daughter is not named and will not return her to the facility, then you should definitely follow up with Arkansas Adult Protective Services at 800-482-8049 if you feel your mother is in danger.
As to her Social Security check, the bank where it is deposited should not allow anyone to access those funds who is not an account owner.
If you don't receive an adequate response from APS, you should contact an attorney as soon as possible.See question
Three of us have meet over the last few month as word of mouth spread that we all had hand/finger surgery by the same orthopedic surgeon. We didn't know each other but have become acquainted via word of mouth. I started out with a mallet finger ...
It sounds like each of you individually, or possibly collectively, have a potential medical malpractice case against the orthopedic surgeon who performed your surgeries if the standard of care was breached.
We have attorneys with my firm that are experienced in medical malpractice claims. We offers a free consultation and would be glad to answer any questions you may have. Although we are in Fort Smith we would be happy to meet you in Little Rock if you prefer. My number is 479-782-3434 or find us on the web.
Chapter 7, filed 2 years ago on home, vehicle and credit cards. Payment is $1600 monthly usually pay in full but missed a payment
Your Chapter 13 case has been for failing to make the required monthly payments. You are no longer in bankruptcy and have NOT received a discharge of your debts. Further the bankruptcy stay is now gone and your creditors can begin collection activity including repossessing property that was included in your bankruptcy.
If you had a ligitimate reason for missing the payment, your attorney may be able to have your case reopened. Contact your bankruptcy attorney immediate to find out your options. If you do not wish to use that attorney again, it is likely that you can refile a new case with a new lawyer.
My kids and I have lived in the home for 4 years and I don't want to leave it but I don't like the feeling of uncertainty. If I can buy it I will.
Yes. You can purchase the house while the owner is in Ch13 bankruptcy. The debtor must get permission from the Bankruptcy Court to sell it to you but that is routinely granted.See question
I've been hearing many people saying when I file chap 7 I will loose my 3 firearms I paid in full is that true?
Generally that is not the case. Bankruptcy law allows you to keep most all of your personal property, including firearms, so long as the total value of the property is it not over a certain amount. It will depend on what other property you have in order to say for sure. In my practise, I have never had any of my clients loose their firearms in bankruptcy. Call my office to set up a free hour consultation about your property and your financial situation.See question
My pay is about to be garnished for a medical bill on our child.
The short answer is no. If the medical debts were incurred post-petition they would not be subject to discharge in the current case. Also, if you and your husband are jointly liable for the childs debts, then it might be advisable to dismiss his case and refile together as a joint case so that neither of you are forced to pay the debt. You and your husband should discuss this with his bankruptcy attorney.See question