How long do I have to file bankruptcy in order to save my home once it has started to foreclosure proceedings? The bank you started for closure proceedings it is in its early stages. I believe the only way I will be able to get out of it and k...
In order to save the home and stop the foreclosure, at least temporarily, a bankruptcy case must be filed BEFORE the scheduled sale. Unless you have a plan to catch up your missed payments in very sorry order you will need to file a chapter 13 case and a chapter 13 plan that will cure the arrears (including foreclosure costs and the lender's attorney's fees).
I'd it is your hope to save your home through filing bankruptcy PLEASE hire an experienced lawyer to guide you and assist you through the process -- it is complicated and quite technical and you have a lot to lose if it is not done correctly.
Good luck.See question
I have recently filed bankruptcy pro se. Prior to my filing, I had a judgement and a garnishment from credit card debt. I understand that the filing creates an automatic stay against collection activities; what I need to know is if the judgemen...
Assuming you correctly notified all the right parties the garnishment should stop immediately. The facts that the lawsuit was filed and a judgment was obtained will remain part of your credit history. Once you complete your bankruptcy case and receive a discharge of debt the judgment becomes unenforceable. If a transcript of the judgment has been recorded as a lien, however, then further action is needed to void that lien.See question
From what I understand, my husband can file chapter 13 bankruptcy and as the non-filing spouse, I will not be affected. My credit should not change. The debt is all in his name (credit cards, auto loan, school loans (which I know will not be wiped...
In Colorado, if you own real estate in your separate name your husband has NO PRESENT ownership interest in that property. There could be questions, however, from his bankruptcy trustee about whether and how much money he has contributed to the upkeep and maintenance of your property, and whether he has contributed toward making mortgage payments. Your income will be subject to disclosure in his case, as will your entire household budget. In order for his case to get confirmed and proceed he will need your cooperation in providing income and expense information and, there may be some expectation that the household in general do some "belt-tightening" if needed in order to meet the requirements of the bankruptcy laws. But from what you describe, your assets are yours, not his, and neither the court nor the trustee has any claim to them.See question
I believe I need to file for bankruptcy. I have no assets or property. I'm a full time student and pay for my school with my G.I. Bill and FASFA grant money. I'm also a single mom with no child support (state is still trying to locate the father)....
You cook not have to be employed, and you are able to file by yourself
from what you describe there is little harm that any of your creditors can do to you at this point. If you have no income and no assets then you have nothing that can be garnished even if money judgements are entered against you. However, it is conceivable that you may encounter other events that could lead to new, additional debts before you are employed and able to meet your financial needs as you go. It may make more sense to wait until you are done with school and ready to find full time employment before filing for bankruptcy. If you file now and incur more debt in the future you will be stuck having to pay it off on your own.
An experienced bankruptcy lawyer can review your situation and offer an informed opinion as to your best approach now and in the near future.
Good luck.See question
I work at a Mtg Company, in St. Louis Missouri ,we have a borrower that is going through a chapter 13, we have a letter from the trustee signed by the Attorney. the Trustee has reviewed the proposed Application , and hereby approves the proposed a...
I assume you mean the staff attorney for the trustee, and not the debtor's bankruptcy lawyer? Yes, that is normal.See question
If I decide to file a chapter 7 BK, I know that any income made after the filing isn't able to be taken for the BK estate. But my questions is if I trade small option positions after the filing, is this potential profit considered exempt from the ...
If you moved to Colorado more than the months ago you will be filing your case here, not in California.
Do you currently own these stock options you want to trade? EVERYTHING you own on the day your case is filed must be disclosed and becomes part of the bankruptcy estate. If you don't own them now, how do you propose to purchase them? All cash and cash equivalents owned by you become property of the trustee.
It sounds as though you may understand just enough to get yourself in trouble filing a case on your own. Your resources would be far better spent in obtaining legal representation to ensure that your case is filed correctly and protect as much as possible through the filing process.See question
I recently ended an 18+ month relationship with a man. During the course of our relationship, I made purchases as an authorized user on his credit card (not a joint account owner), he directly paid for some of my expenses with his own funds, and h...
Yes, he can sure you. But filing a lawsuit does not mean that it will be successful. Assuming you file a timely response disputing his allegations there will be a trial in front of a judge. He would have to prove his claims. That period would have to include some evidence that there was agreement between you for the loan of funds and for you to reimburse him for purchases. If he cannot provide such evidence then it just becomes his word against yours, and the court will have to make a determination based uoon the credibility and believability of each of you.
If he sus you, consider hiring an attorney to assist you in fighting the lawsuit.See question
Our loan Value exceeds the car value currently by $10K. How do we recover or get remedy for our loses. We have GAP Ins as part of our Loan, but will be left without a vehicle. Our car is a 2015 with 16K miles, we put $10K down and have made pay...
I'm not really sure I understand what you are asking. Hopefully the other driver was insured. You must report the accident to your insurance company. If you have gap coverage your loan should be paid off by the insurance. The insurance company will then try to recover money from the other insurance company.
You will be left without a drivable vehicle, but also without a big loan for a car you no longer own. This is one of the many downsides to rolling over negative balances into new car loans. You agreed to pay far more than the car was worth for the privilege of driving the cat of your choice.
At least you won't still owe on the loan. You will be able to start over on level ground.See question
after my court date on 3.5.16 for eviction it was said I was summoned for a pretty trial for money owed.. so my request to void was denied on grounds of summons. which I did not sign.. they are charging me 8000 even though the apartment was rented...
The time to argue about the amount they claimed was when the original summons was issued and the court date was scheduled. At this point you are most likely left with trying to work out some sort of voluntary payment or settlement arrangements or letting the garnishment run its course. Alternatively, if you also have other debts outstanding you could schedule a consultation with a bankruptcy attorney to see whether that is a realistic option for you.See question
My husband received notice that he is going to be garnished for a bill that was for myself for a hospital bill. And I was covered for at least one of the hospital stays. What can I do?
If he is about to be garnished that means that there was already a lawsuit filed against him and a court date which has passed. The time to argue about whether he was responsible for your bill was when he received the summons and complaint with the court date. The court had already entered a judgment against him at this point.
If you were covered under his insurance, or if he signed papers at the hospital agreeing to be the responsible pay 5 it will not matter that you were the patient and not him.
If you owe the money then it might be worthwhile to contact the lawyers for the hospital to see whether you can make arrangements for voluntary installment payments instead of a garnishment. Generally, by the time a medical provider files a lawsuit and gets a judgment they have already spent many months, or sometimes years, trying to collect their money to no avail.
I'd neither you nor your husband have any real ability to pay this bill it might make sense to consider whether bankruptcy is a viable alternative for you.See question