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My husband and I filed bankruptcy ..was discharged In February 2013. Been separated since December 12. Condo Is upside down
Brian's answer
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Answered on September 12, 2013
You have already been discharged of the debt ... there is no way for you to acquire any new liability unless you agree in writing to do so. The...
Archived
Can i sue my lawyer for not doing his job
Brian's answer
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Answered on September 11, 2013
You haven't provided enough facts regarding what your lawyer failed to do; but, yes, as they say, you can sue a ham sandwich. Based on the little...
Archived
Filed chapter 13 still open have new large doctor bills can they be added to the chapter 13?
Brian's answer
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Answered on September 11, 2013
If the creditors are willing to file claims in your Ch13 they can be added; but whatever is not paid at the end of your Plan would not be...
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The term "discharged" in bankruptcy...
Brian's answer
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Answered on September 11, 2013
You will not receive a discharge of your unpaid debts until you have completed your Ch13 Plan.
Archived
If the Judge doesn't allow me to go bankrupcy ch 7 in court, do I automatically go bankrupcy ch13?
Brian's answer
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Answered on September 10, 2013
No ... the court will not order you to convert to Ch13. The Trustee may file a motion requiring you to either convert or dismiss; and you can...
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Archived
Chapter 7 bankruptcy effect on judgment for Fraud. Must the creditor file something b4 objection deadline or is it auto not d/c
Brian's answer
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Answered on September 10, 2013
Creditor must file an Adversary Proceeding in the BK court by the objection deadline (60 days after the 1st meeting of creditors). If not timely...
Archived
I would like to modify confirmed chapter 13 plan.
Brian's answer
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Answered on September 10, 2013
Your attorney will be happy to modify your plan for which he will be awarded fees to be paid out of your future plan payments. Although, with a 3%...
Archived
Should I hire a litigator and possibly loose my bankruptcy in court or settle debt with creditor who is contesting bankruptcy?
Brian's answer
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Answered on September 10, 2013
There is a presumption that your cash advance within 70 days of filing your BK is non-dischargeable. You would have to overcome that presumption...
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Are we protected from a new wage garnishment while we have an open chapter 13?
Brian's answer
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Answered on September 10, 2013
Yes, they are allowed to garnish your wages for debts you incurred after filing your BK and for which they have sued you and obtained a judgment. ...
Archived
If judge orders my soon to b x, to pay for car till paid, and he files bankruptcy what happens. Please help me
Brian's answer
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Answered on September 10, 2013
As already mentioned, he probably makes too much money to file Ch7 BK; and you can object to his Ch13 Plan if it does not provide for the car loan....
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