You are here:
- Home
- Business
- Corporate Law
- Bankruptcy Law
Bankruptcy Law/Questions Answered by Expert Los Angeles Bankruptcy Lawyer Leon D. Bayer
| Subject | Date Asked |
| Lien On House | 2/10/2012 |
| Q: I am trying to purchase a home on a short sale. The owner has agreed to work with me exclusively. I ... A: I see this sort of thing alot. An experienced bankruptcy attorney will know exactly what to do. The ... | |
| bankruptcy 7 | 2/8/2012 |
| Q: We will be filing chapter 7 bankruptcy very soon. However, we had two secured loans that involved ... A: When secured collateral like household appliances become broken or destroyed, I like to mention that ... | |
| Are Unsecured Property Taxes dischargeable in Chapter 7 Bankruptcy? (California) | 1/17/2012 |
| Q: I was a partner in a business that closed in 2006 In 2008, The other partner and I both filed for ... A: It may be discharged if you have the right circumstances. I believe that unsecured property taxes ... | |
| ch7 | 1/12/2012 |
| Q: My wife filed ch7 and she was discharged, we had 2 cars (me & her on the contract) from a lender ... A: It should be easy to fix this. You can "dispute" this item on your credit report. The report that ... | |
| Short Sale or Foreclosure after Bankruptcy? | 1/4/2012 |
| Q: I filed Chapter 7 in 2010; it was discharged April/2011. I kept my primary residence and let go of ... A: The basic rule is that a lender may report anything that is true. I checked with a very ... | |
| Short Sale or Foreclosure after Bankruptcy? | 1/4/2012 |
| Q: I filed Chapter 7 in 2010; it was discharged April/2011. I kept my primary residence and let go of ... A: I tend to shy away from the idea of a "short sale" after a Bk is discharged. The reason is because ... | |
| Stay Lifted | 12/5/2011 |
| Q: What can one do when the judge grants a lift to stay motion on real estate? I would like to appeal, ... A: Termination of the stay will ordinarily mean that the bankruptcy court is not protecting you from ... | |
| Right of ownership regarding Chapter 7 | 12/4/2011 |
| Q: Leon, If I get a loan for a car from a bank then I file for bankruptcy before the loan is paid off, ... A: This is a very interesting question. I believe the deciding issue is whether or not your employer ... | |
| Stay Lifted | 12/2/2011 |
| Q: What can one do when the judge grants a lift to stay motion on real estate? I would like to appeal, ... A: Something that drives me crazy is when lawyers fail to explain things to their own clients! I ... | |
| City BK | 11/6/2011 |
| Q: I am wondering if I get a tax lien and the city goes bankrupt, what will happen to the money I am ... A: I am going to assume this is a situation where you are the purchasor from a city of a tax lien that ... | |
| Adding debt to Chapter 7 Bankruptcy | 10/18/2011 |
| Q: Bayer, I have filed Chapter 7 Bankruptcy in Texas and have had my 341 meeting. After the 341 ... A: There are no restrictions on the number of amendments that you can file. A debt incurred prior to ... | |
| bankruptcy and tax refund | 7/20/2011 |
| Q: I had an SBA guaranteed loan that just got discharged in a chapter 7. I know that the US Treasury ... A: The likihood is that they WILL keep your 2010 tax refund, (at least to begin with), but the good ... | |
| Chapt 7 | 5/13/2011 |
| Q: I am California resident. I filed chapter 7 alone without my spouse last year and included my ... A: Generally, the bank will advance money to pay the property taxes, and then add that amount to what ... | |
| Chapt. 7 | 5/6/2011 |
| Q: We are in California. My wife filed Chap 7 alone a year ago. She had credit card debt and rental ... A: Question number 2 is easy to answer. The mortgage lender can foreclose on the house if she defaults ... | |
| Auto Repo 2 years AFTER BK discharged? | 5/4/2011 |
| Q: When my husband and I filed bankruptcy in California, our attorney told us our car would be ... A: You can read about the reaffirmation process in my Bankruptcy Guide at ... | |
| my trucks | 4/1/2011 |
| Q: Saturday, March 19, 2011 I hired a bankruptcy attorney to file business and personal chap 7 ... A: is it a slam dunk for the trustees attorney to get my trucks? Answer: YES, I THINK IT IS.does that ... | |
| my trucks | 4/1/2011 |
| Q: Saturday, March 19, 2011 I hired a bankruptcy attorney to file business and personal chap 7 ... A: I believe there are no dumb questions, only dumb lawyers. I have answered over 1000 bankruptcy ... | |
| Auto Repossession, bankruptcy lawyer mistakes, bankruptcy reaffirmation, legal malpractice | 3/12/2011 |
| Q: My wife file chapter 7 bankruptcy in California, but I did not file. My wife and I were both listed ... A: It sounds like you have a real jerk for a lawyer. I think your lawyer lied to you. If he really ... | |
| Will there be a hearing before garnishment | 2/22/2011 |
| Q: My wife received summons for her Target credit card; she’s behind about 9 months. There is no ... A: I have enormous respect for you. Anybody who is willing to take any work they can get has my ... | |
| Auto Loan in Chapter 13 | 2/5/2011 |
| Q: I am considering filing for Chapter 13 bankruptcy, and I currently have a 5 year auto loan (incurred ... A: You are required to list all parties who are jointly obligated with you on any debts, so that means ... | |
| SBA loan & bankruptcy | 1/21/2011 |
| Q: I have an SBA loan in which a lien is on my home in 3rd position. Upon bankruptcy, will this lien ... A: As the debtor in a Chapter 7 case, you have no ability to strip your 2nd or 3rd mortgages, however, ... | |
| Chapter 13 Debt Limits | 1/13/2011 |
| Q: could you elaborate on the new Chapter 13 debt limits and if there are exceptions to these limits? ... A: It seems to me Ibanez is in the same position as I described in my original answer. If the Ibanez ... | |
| Chapter 13 Debt Limits | 1/13/2011 |
| Q: could you elaborate on the new Chapter 13 debt limits and if there are exceptions to these limits? ... A: Based solely on the information in this question, I feel you are not eligible for a 13. There are ... | |
| Chapter 7 & HOA dues | 1/10/2011 |
| Q: I have read a few answers regarding Chapter 7 and HOA fees, but I am not in foreclosure as most are. ... A: If you plan on keeping your property, I don't think a Chapter 7 will help you with the HOA. Your HOA ... | |
| Divorce and bankruptcy | 1/5/2011 |
| Q: I am in the process of getting divorced. My future ex has already filed and had her debt discharged. ... A: There can be many reasons why someone in your situation should not file bankruptcy. One prominent ... | |
| $1,000,000 Heloc with Wells Fargo | 1/2/2011 |
| Q: I only have a $1,000,000 Heloc on my home. No other lien in front of it. My home is still worth ... A: I'm sorry you are facing this scenario. Because I don't know what state you are in, I will answer ... | |
| Collection agency trying to collect HOA after bankruptcy | 12/22/2010 |
| Q: I already read an answer to someone else about this, but have another question. i filed BK in Nov ... A: I am sorry youy find yourself in such a jam. T HOA is entitled to sue you for HOA dues covering the ... | |
| HOA and Bunkruptcy | 12/1/2010 |
| Q: ..just read your answer to someone's question regarding bankruptcy and HOA dues. I filed (Chapter 7) ... A: To begin with, I thank you for reading my other answers! So many people ask the same thing I I have ... | |
| Charge off HELOC and BK | 11/10/2010 |
| Q: First of all, thank you very much for answering my question. I have a HELOC 2nd loan for $250,000 ... A: "Charge off" is a bookkeeping term. It means the loan is no longer counted on their balance sheet as ... | |
| deed of trust | 11/8/2010 |
| Q: Would it be a violation of the bankruptcy Decree if a creditor foreclosed on it's secured lien ... A: The deed of trust contains a future interest in favor of the appointed trustee, in which the owner ... | |
| deed of trust | 11/7/2010 |
| Q: Would it be a violation of the bankruptcy Decree if a creditor foreclosed on it's secured lien ... A: A bankruptcy discharge may eliminate your personal liability on a debt that has been discharged. ... | |
| HOA fees after Bankruptcy where bank took 18 months to take posetion. | 10/20/2010 |
| Q: When I filed bankruptcy on August 2007, my acct. with the HOA was paid and current. I was told by my ... A: I am sorry to hear about your situation. The bankruptcy law was amended effective October 17, 2005 ... | |
| Removing someone from title | 10/11/2010 |
| Q: First off, thank you in advance for you time. I live in California. I put a friend on title of my ... A: I doubt that your friend's credit will be impacted, provided that she is not on the loan. However, ... | |
| question | 8/19/2010 |
| Q: I'm currently a student and I have almost no money and very little income. I'm going to be sued. (I ... A: I am sorry you are facing trouble. If you are enrolled at a school that has a student association ... | |
| BK and a HELOC | 8/17/2010 |
| Q: I own a home in California and it is currently worth approx $550-$570,000. I have a $400,000 1st TD ... A: Good question. You can't get rid of the HELOC unless you are in Chapter 13 and can convince the ... | |
| pre judgment | 8/8/2010 |
| Q: If you have a pre judgment on a debt, no show at court. can you file bankruptcy on that judgement. I ... A: It sounds like the kind of thing that is probably dischargeable in bankruptcy, but a lawyer needs to ... | |
| chapter 7 and my house | 7/28/2010 |
| Q: I was sure I knew the answer to my question, but a few people are telling me I'm wrong so I'm trying ... A: I am very sorry that you and so many other people are facing so much hardship. I hope things improve ... | |
| 2nd mortgage | 5/15/2010 |
| Q: I am upside down on my home by thousands. I am current on my first but not my second, what happens ... A: As the debtor in a Chapter 7 case, you have no ability to strip your 2nd mortgage, however, it might ... | |
| chpt 7/foreclosure/unemployed- Florida | 5/13/2010 |
| Q: I'm not even sure if my question is ethical, but I'm running out of options so I'm going to ask. My ... A: I am surprised that you have any difficulty finding work, because you have a very bright, keenly ... | |
| Income for Partnership | 5/6/2010 |
| Q: I am filing personal bankruptcy but I have a partnership business with a friend. I am wondering ... A: I think the attorney fee expense, if paid by the partnership, is a deductible expense to the extent ... | |
| Income for Partnership | 5/5/2010 |
| Q: I am filing personal bankruptcy but I have a partnership business with a friend. I am wondering ... A: The income received by the partnership, (after payment of legitimate expenses)is counted as the ... | |
| General question | 4/26/2010 |
| Q: I have a question. My company is preparing to file for bankruptcy and eventually close the company ... A: I certainly am sorry to hear about yet another company shutting down, and people loosing jobs. As ... | |
| Reaffirmation | 4/17/2010 |
| Q: I was discharged from chapter 7, did not reaffirm either first or second mortgage. Of course my ... A: Legally speaking, that is not true, and it is also too late, because a reaffirmation MUST be filed ... | |
| Schedule b & c | 4/12/2010 |
| Q: i am filing chapter 7 and filling out the papers myself because i cant afford an attorney. On ... A: It's very hard to do a bankruptcy all by yourself. I generally can't answer a question like yours, ... | |
| ammended filing of bankruptcy petition | 4/7/2010 |
| Q: My husband and I filed a chapter 7. The legal aid that prepared the papers went directly from the ... A: When did you last speak to him? Did you tell him you have the emails to prove what you say? If he ... | |
| we want out of Bankruptcy | 4/7/2010 |
| Q: We have been in chapter 13 bankrupcty for 2 1/2 years and we want out.we have fallen behind about 12 ... A: I am so very sorry that you are enduring so many different hardships. I am glad to hear that your ... | |
| ammended filing of bankruptcy petition | 4/6/2010 |
| Q: My husband and I filed a chapter 7. The legal aid that prepared the papers went directly from the ... A: I get furious when I read something like this. Not at you, but at the lawyer who did it wrong and ... | |
| Follow up to Bankruptcy question related to mortgage application | 3/25/2010 |
| Q: The loan application question that I'm having a problem with is: "Have you ever filed for ... A: I would check the 7 year box and right next to the box I would write a "+" sign to indicate 7+ years ... | |
| Bankruptcy | 3/15/2010 |
| Q: I have debating filing a CH. 7 bankruptcy due to medical reasons and my one issue is that i am ... A: I doubt that your wife will be affected at all, provided that you complete your BK prior to ... | |
| Can my fiance file bancruptcy after marriage? | 3/12/2010 |
| Q: My fiance and I are getting married next month. He has been told this is not enough time to file ... A: Here is the answer that you probably don't want to hear: I usually advise my own clients facing ... | |
| More than one debt with a lender | 3/10/2010 |
| Q: My spouse has a credit card account and an auto loan with a lender that are delinquent. We are ... A: Generally, you will be OK paying just for the car loan unless the lender is a credit union. Most ... | |
| means test/non dischargable civil lawsuit judgement | 3/5/2010 |
| Q: can a non dischargeable civil lawsuit judgement be used as an expense for chapter 7 means test? I ... A: No it doesn't. To understand the means test you need an understanding of the Bankruptcy Code. The ... | |
| means test/non dischargable civil lawsuit judgement | 3/4/2010 |
| Q: can a non dischargeable civil lawsuit judgement be used as an expense for chapter 7 means test? I ... A: Nope. Sorry. But it was a good question. If you or other readers want to keep up with my blog ... | |
| bankruptcy | 3/2/2010 |
| Q: I have been in chapter 13 for the past 2 years it was quite minor no foreclosures or anything ... A: I suspect that your credit has already taken such a hit that it really does not matter which course ... | |
| Surrendering van | 3/1/2010 |
| Q: I live in Oregon. We have filed chapter 7 BK, and have had our meeting of creditors already. We have ... A: I believe that the lender will be entitled to make a claim against your insurance, however we can ... | |
| Loan Modification | 2/22/2010 |
| Q: i have 30 days until my BK is discharged. My auto loan is being reaffirmed next month. Prior to ... A: I have encountered this same problem on behalf of some of my own clients, with no good solution. I ... | |
| Can debt for Durable Medical Equipment be discharged? | 2/15/2010 |
| Q: I recently filed for bankruptcy, and had the first meeting of the creditors last month. Among the ... A: I am really sorry that you are facing so many problems. Hopefully I can help you with this ... | |
| 2nd mortgages | 1/25/2010 |
| Q: I saw this line in an ad by a bankruptcy attorney "Chapter 7 Legally Eliminates Almost All Debts, ... A: In what I think is a very misleading ad, the attorney is correct about personal liability, but the ... | |
| Ch 13 - So what is the benefit? | 1/20/2010 |
| Q: I am in the same boat as this gentlemen whose question you answered on 5/19/2009 "Basically I heard ... A: Kudo's to you for actually reading the archives! Looking back on that, I think I wrote a pretty ... | |
| Chapter 13 - Student Loan Consolidation | 1/18/2010 |
| Q: My lawyer told me that another attorney told him that if I was in default before I filed bankruptcy ... A: Consolidation may be a option, but as far as I know it is available only on Federal loans. If you ... | |
| bankruptcy and inheritance | 12/28/2009 |
| Q: We filed bankruptcy 90 days ago, my husbands mother just passed away leaving us 10,000. I know the ... A: The important dates are the filing date, and the date of death. It makes no difference when you ... | |
| Bankruptcy and Contract Fraud | 12/8/2009 |
| Q: I signed a contract in 2007 with a home builder to build me a home, which due to the banking ... A: I am so sorry this happened to you. To fight this, you will need to litigate in the bankruptcy ... | |
| Dissolving a small bussines in debt | 12/2/2009 |
| Q: I am the sole owner of a business incorporated in NM. The business has no assets but does have debt ... A: You should be guided by what your own BK attorney in NM advises you to do. If you don't have a ... | |
| Creditor Notification | 11/24/2009 |
| Q: We just recently found out a business partner is filing bankruptcy. We believe we are a creditor as ... A: Whether or not to list you is up to him. It is probably for his own protection to list you, but ... | |
| Personal Guarantee | 11/17/2009 |
| Q: I cosigned on a business loan for my inlaws in 2001. The loan was supposed to be paid off by 2004. ... A: I think you probably have a very good defense. As a general rule, I believe that your personal ... | |
| Bankrupcy and Trusts | 11/5/2009 |
| Q: I have filed for Bankrupcy and am scared that my partents' trust, which I am a beneficiary of, is ... A: Bankruptcy Code §541 provides that a right to receive an inheritance gets pulled into the bankruptcy ... | |
| QUESTIONS | 10/24/2009 |
| Q: ....if a person files for bankruptcy, I am told all the collection of debt from the harassers will ... A: 1. The average case goes through the court system in about 4 months. 2. If you file but don't go ... | |
| BANKRUPTCY AND BACK TAXES | 10/13/2009 |
| Q: MY HUSBAND FILED BANKRUPTCY IN 2007 FOR EMPLOYEE TAXES AND SHUT HIS BUSINESS DOWN. tHE IRS IS NOW ... A: I generally can't answer a question like yours, because I don't have the opportunity to review all ... | |
| Bankruptcy/ Car Lease | 9/25/2009 |
| Q: I'm the co-signer on a car lease, but my mother is the primary owner. I will most likely file for ... A: The best I can do for you is to give you a partial answer. There is a procedure in the bankruptcy ... | |
| Sallie Mae & Bankruptcy | 9/14/2009 |
| Q: If I do happen to file for bankruptcy (I'm trying to avoid). Will I be able to be a co-signer on my ... A: It may depend on the type of loan that a person is seeking. The Bankruptcy Code states in Section ... | |
| substitution of attorney during Chap 13 | 9/9/2009 |
| Q: I'd like to hire a new attorney because mine is not responding to emails and phone calls. I filed ... A: I think you are doing the right thing by changing attorneys. Your new lawyer will need to apply to ... | |
| Chapter 13 and Credit Report | 9/6/2009 |
| Q: My husband filed a chapter 13 in January. As we live in California, our attorney advised us that I ... A: I don't like to second guess a fellow attorney unless I have reviewed the complete file and have a ... | |
| Chapter 13 and Credit Report | 9/4/2009 |
| Q: My husband filed a chapter 13 in January. As we live in California, our attorney advised us that I ... A: I am sorry that you are dealing with such a frustrating situation. Unfortunately, the credit report ... | |
| Capital One after BK discharge | 8/30/2009 |
| Q: This question has to do with Capital One charge account. Filed BK on 3-30-09 and was discharged ... A: When a debt has been discharged in bankruptcy, the court has made an injunction against the creditor ... | |
| car repo | 8/17/2009 |
| Q: Our chapter 7 was discharged in May of 2009. We wanted to keep our car but the lien holder wanted us ... A: This is a good example to other people about the danger of reaffirming a car loan. I'm you are glad ... | |
| Bankruptcy Questions | 8/13/2009 |
| Q: I am currently unemployed and receiving unemployment. My wife does still have her job. Income wise, ... A: I am very sorry that you are facing such a tough situation. I hope you turn it around very soon. I ... | |
| Credit card debt | 7/23/2009 |
| Q: I live in California and I filed Chapter 7 back in 2002. It was discharged that same year. I filed ... A: I am sorry that you have faced so much hardship. It's not easy to raise a children all by yourself, ... | |
| SALLIE MAE STUDENT LOAN | 7/2/2009 |
| Q: AFTER WE FILED FOR BANKRUPTCY, SALLIE MAE DECIDED WE COULD NO LONGER MAKE PAYMENTS ONLINE OR CHECK ... A: Sallie Mae is at least partially right, but they could do a far better job at providing an ... | |
| can i keep my home and discharge a 2nd mortgage | 6/19/2009 |
| Q: I live in Washington state, and my home was recently appraised at 208K-I owe 285k on the home with ... A: It may be possible, You have to prove that the current market value of the home is BELOW what you ... | |
| Chp 7 and profit from house sale | 6/14/2009 |
| Q: We closed on chapter 7 about 4 months ago. The second mortgage was discharged because the house ... A: I don't see how you would profit from it. A "short sale" is by definition a property sale where ... | |
| Re-affirmation | 6/11/2009 |
| Q: My wife and I have just filed chapter 7, can we re-affirm our mortgage and two cars on our own ... A: Theoretically, yes you can reaffirm these obligations provided the lenders are agreeable, and ... | |
| bad advice? | 6/10/2009 |
| Q: I am writing to you on my parents' behalf. They have found themselves in a very bad situation upon ... A: I am so sorry that your family is facing this problem. I am curious to know if legal aid gave any ... | |
| amending a Chp 7 with no assets | 6/9/2009 |
| Q: i filed a chp 7 bk on 5/21/04 in CA no assets and forgot to include a creditor. It was discharged ... A: The courts have ruled over and over again that bankruptcy discharges an unlisted debt so long as it ... | |
| Out of work and out of time | 6/8/2009 |
| Q: I am currently on unemployment and live in the Silicon Valley, I am unable to locate substantial ... A: I am very sorry to hear about your dilemma. Unemployment does not disqualify you from filing ... | |
| bankruptcy discharged over a year ago | 6/5/2009 |
| Q: 2008 i was told i had to keep full coverage insurance on it and that there isnt any statute of ... A: This is an interesting problem. All cities have parking rules pertaining to the impound of ... | |
| chapter 7 bankruptcy and foreclosure | 6/4/2009 |
| Q: My husband and I had a chapter 7 bankruptcy discharged in August 2006. We included our home in it. ... A: Here is what I have found out, from the National Association of Home Builders at ... | |
| chapter 13 | 5/30/2009 |
| Q: I am 2 years into a 5 year plan (1%-no room to modify)and I was out of work for a couple of months ... A: I generally can't answer a question like yours, because I don't have the opportunity to review all ... | |
| Tution | 5/20/2009 |
| Q: I turned in my withdrawal from college a day late, as a result they have me in default and have put ... A: The law is unclear in this situation, but I have seen at least one court decision that says tuition ... | |
| Can CH 13 reduce principal on 2nd/3rd property. | 5/19/2009 |
| Q: Basically I heard that a person with multiple properties could file Ch 13 BK and a judge could ... A: Good question. Theoretically, it is possible. The hitch is that in a Chapter 13 you have only 5 ... | |
| bankruptcy on credit report | 5/13/2009 |
| Q: I filed chapter 7 bankruptcy in LA county in June 2007. I was told it was to last 7 years, but I see ... A: You were told incorrectly. Under Federal law, it may be reported on your credit for 10 years. I ... | |
| Bankrupt and Taxes | 5/6/2009 |
| Q: I filled back taxes on May 2007. I got a strong payment plan that I had been paying every month ... A: Let me give you some general reading on this from my Bankruptcy Guide at ... | |
| bankruptcy | 4/28/2009 |
| Q: I had a 80/20 loan on a property that was forclosed in 11/20/08. Now recently I just received a ... A: There is too much missing information from your question for me to give you a proper answer. That's ... | |
| small business bankruptcy | 4/11/2009 |
| Q: I'm active duty military and on the side, owner of a LLC air conditioning business with it's own ... A: It is possible to file bankruptcy for just the LLC. However, in most cases that doesn't do any good ... | |
| Can I buy my car from a creditor during a bankruptcy? | 4/5/2009 |
| Q: We filed bankruptcy in August. It is April and it has not cleared yet and the financer for our ... A: Bankruptcy Code Section 722 allows you to redeem,(buy out)the vehicle by paying the creditor the ... | |
| Old bankruptcy disclosure required? | 4/4/2009 |
| Q: My chapter 7 was discharged over 10 years ago, and has vanished from my credit reports. My credit ... A: One of my own clients asked me the same question yesterday. I do get this question alot, because it ... | |
| loan modification | 4/3/2009 |
| Q: I live in ca. and am considering filing chapter 7, due to the value of the house and the amount of ... A: I suggest you talk with a non profit HUD approved housing counselor, right away. Do not go to any of ... | |
| judgerment | 3/31/2009 |
| Q: I did not have insurance at the time and was also drinking and driving which that part is all over ... A: I see that you are in Canada. I am unfamiliar with the bankruptcy laws in your country. However, ... | |
| File for bankruptcy while on public assistance? | 3/30/2009 |
| Q: Can a person file for bankruptcy if they receive public assistance -foot stamps, state funded ... A: There is nothing about public assistance that disqualifies anyone from filing bankruptcy. You do ... | |
| Locked out before foreclosure | 3/29/2009 |
| Q: I filed chapter 7 about 5 years ago and included my mortgage. Due to the house needed extensive ... A: It sounds to me like you probably did everything just right, by letting the bank know your ... | |
| ex is filing for bankruptcy but he owes back taxes for us | 3/27/2009 |
| Q: My ex-husband of 7 years is filing for bankruptcy next week. He has been paying on back taxes that ... A: The Feds are certainly trying to intimidate you, but they also happen to be right. The divorce ... | |
| Chapter 7 or not paying credit cards? | 3/26/2009 |
| Q: I have a follow up question please. I live in New York City and I have about $13K in unsecured ... A: If you stop paying your debts, your creditors have the right to sue you for what you owe, plus court ... | |
| BANKRUPTCY | 3/26/2009 |
| Q: Last month I got ch. 7 discharge. Since then I have an issue with a karate class. I canceled but ... A: It is probably too late to include the debt. However, you can try filing and serving them with an ... | |
| Fraudulent Transfer | 3/25/2009 |
| Q: I thought I was helping my daughter last september when sold her the car she is now driving for ... A: A fraudulent transfer is a transfer of an asset, at a time when you are financially insolvent, where ... | |
| Chapter 7 and Motorcycle loan | 3/24/2009 |
| Q: I recently got approved for a motorcycle loan. I need the bike to commute to different place in ... A: I am sorry that you are facing a difficult situation. I hope it turns around for you real soon. ... | |
| Mortgage | 3/23/2009 |
| Q: I filed bankruptcy in 2007. But I did not wish to include my home. I just recently found out that ... A: Everything they told you sounds absolutely true. However, it is usually a big mistake to reaffirm a ... | |
| chapter 7 and our car | 3/15/2009 |
| Q: My husband and I filed chapter 7 it will not be discharged until June....In 05 he took a 20,000 car ... A: I generally can't answer a question like yours, because I don't have the opportunity to review all ... | |
| Chase bank filed advesary motion section 523 | 3/14/2009 |
| Q: .My husband and I filed chapter 7 in November it will not be discharged until June...90 days prior ... A: I get so angry when I hear about lawyers who provide slipshod services and who fail to provide ... | |
| auto accident affecting chapter 7 | 3/14/2009 |
| Q: recently filed for chapter 7 and was discharged; included my car and car accident during filing. ... A: Congratulations on completing your bankruptcy. It's very hard to do all by yourself. I generally ... | |
| BANKRUPTCY | 3/13/2009 |
| Q: After ch. 7 is discharged should I contact the credit bureaus? If so, what information should I ... A: It is a very good idea to get your credit reports from the major bureaus, and check to make sure ... | |
| What Are "Luxury Items" in a Bankrutcy? | 3/12/2009 |
| Q: What are "luxury" items that are not dischargeable in a bankruptcy if the item was purchased 120 ... A: This is a good question. There isn't any precise legal definition. The bankruptcy Code simply uses ... | |
| chapter 7 | 2/27/2009 |
| Q: I filed bankruptcy in 2003 and discharged in jan 2004. Can I file again? I am laid off and they just ... A: Under the "new law" you are allowed to discharge your debts in Chapter 7 bankruptcy once every 8 ... | |
| tenants in common and bankruptcy | 2/23/2009 |
| Q: My mother and her two brothers own a house. I believe they are listed as tenants in common on the ... A: The filing of your uncle's bankruptcy case will create a "bankruptcy estate" which is composed of ... | |
| Release of stay | 2/22/2009 |
| Q: What is a release of stay and exactly when do that come into play during a chapter 13. A: The filing of a bankruptcy case imposes a restraining order on all creditors. The purpose is to ... | |
| major financial problems | 2/21/2009 |
| Q: My wife (we married 2 years ago) graduated from a 4 year Master's program last May. Since then she ... A: I am sorry to see you hurting financially. These are very bad economic times, and debt relief is ... | |
| modification while in bankruptcy | 2/19/2009 |
| Q: I filed for ch. 13 in 12/06, ever since then I have been trying to modify the terms of my loan on my ... A: I'm sorry you are dealing with what sounds like a very frustrating situation. Your case is a good ... | |
| creditors | 2/18/2009 |
| Q: I am going to file bankruptcy. I am behind on some of my credit card payments. Would it be wise to ... A: Telling creditors you are going to file is generally ineffective, unless you have retained an ... | |
| bk question again | 2/9/2009 |
| Q: you answered a question for me about a month ago.. we rented a house, landlord in foreclosure and ... A: You are doing exactly what I would do. Explain to the judge what you have done to exercise every ... | |
| taxes | 1/28/2009 |
| Q: Can I claim the money I paid to a lawyer,for bankruptcy on my taxes? and if I can what forms do I ... A: I have been asked this many times by my own clients. For most people, the answer is "no." However, ... | |
| Chapter 7 BK | 1/26/2009 |
| Q: I am at the tail end of a chapter 7 BK all unsecured credit except 1 car that I want to reaffirm but ... A: If you don't reaffirm, Toyota will be free to repossess the car after you get your discharge. After ... | |
| Filling chapter 7 with POA | 1/23/2009 |
| Q: "I was wondering if its possible for my wife and i to file BR if I was going to be out of country ... A: The courts have allowed that for debtors who are on active military service stationed overseas, and ... | |
| garnished wages | 1/22/2009 |
| Q: I'm not sure if you can answer this or not, but I have a question about garnishing wages. When a law ... A: Most states, if not all of them, have laws to determine how much of a person's wages are subject to ... | |
| exemptions? | 1/20/2009 |
| Q: I am about 40K in debt between medical bills and exhausted credit cards. I lost my job, and things ... A: When a person files bankruptcy, there are various rules that determine what a person is allowed to ... | |
| Chapter 7 and income tax refunds | 1/17/2009 |
| Q: Can you tell me if are going through a chapter 7 and are expecting a tax refund of 600.00 will that ... A: When a person files bankruptcy, there are various rules that determine what a person is allowed to ... | |
| bankruptcy | 1/16/2009 |
| Q: Can you file chapter 13 bankruptcy 1 year after filing chapter 7 in California ANSWER: I am very ... A: My question is am I responsible to pay the difference if they foreclose and don't sell the house for ... | |
| bankrupchy | 1/15/2009 |
| Q: Can you file chapter 13 bankruptcy 1 year after filing chapter 7 in California A: I am very sorry that you are once again facing financial hardship. You are not eligible for a ... | |
| I Filed Chapter 7 once in 2005 | 1/15/2009 |
| Q: I filed chapter 7 once in 2005.And at the time I was below the median level for the state of ... A: I am very sorry that you are once again facing financial hardship. Passing the means test is only ... | |
| landlord files BK - florida | 1/10/2009 |
| Q: it seems i am in the minority.. good tenant getting hosed by the landlord! here is what ... A: You are indeed getting screwed. I'm very sorry to see anyone get hurt in these bankruptcy ... | |
| Bankruptcy | 1/7/2009 |
| Q: What is the name of the form or the number of it when you need to amend something on your bankruptcy ... A: You need the amendment cover sheet. Your local court should be able to give you one. It sounds like ... | |
| Bankruptcy | 1/6/2009 |
| Q: I filed a Cht 7 in 2002 and received a discharge in 2002 in Ca.Can I file under Chapter 13 with a ... A: I am very sorry that you are experiencing these problems. The good news for you is that a person is ... | |
| Judgement Liens | 1/2/2009 |
| Q: Sorry if you have already seen this question from me. I'm not sure it got through the first time. ... A: This is a dangerous situation. I am going to assume for the sake of my hypothetical answer that the ... | |
| BANKRUPTCY | 12/30/2008 |
| Q: When someone files for bankruptcy and then later someone does a google search for that person's name ... A: It will of course show up on a credit report. Therefore, anyone that you authorize to obtain your ... | |
| BANKRUPTCY | 12/27/2008 |
| Q: When someone files for bankruptcy and then later someone does a google search for that person's name ... A: If someone has access to a data base containing public records that include court records, it would ... | |
| INCOME TAX REFUND | 12/25/2008 |
| Q: I AM ON THE VERGE OF FILING A CHAPTER 7 BANKRUPTCY. I HAVE ALL CREDIT CARD DEBT. I RECIEVED A FORM ... A: What you say about the 1099-C is generally true, but there is an exception that probably will save ... | |
| Annulment of Bankruptcy? | 12/23/2008 |
| Q: I was wondering if it was possible to annul or cancel a bankruptcy that was discharged almost 7 ... A: The short answer is, "no." But your question raises lots of other interesting questions. I would ... | |
| chapter 7 forclosure 1st and 2nd mortgage | 12/17/2008 |
| Q: WE filed for chapter 7 Sept 2nd. Did not reaffirm house. Home is in foreclosure First mortgage is ... A: Yes. If you keep the house the 2nd mortgage holder still have a lien on the property and be able to ... | |
| buying a car after | 12/16/2008 |
| Q: our bankruptcy was discharged in oct. we are seniors living on a fixed income....can we buy a car ... A: Congratulations on completing the bankruptcy. I think you are asking if you will be able to get ... | |
| BANKRUPTCY | 12/16/2008 |
| Q: I filed ch. 7 last month and I thought my lawyer only included the debts I want to release. ... A: A person can usually keep their home so long as they keep paying for it. Please talk to your lawyer ... | |
| Discharged Chapter 7 No Assets Case- Newly Found Debts | 12/14/2008 |
| Q: My Wife and I filed for Chapter 7 on 7/29/08 in CA Central Bankruptcy Court and received our ... A: You have done your homework, and what you are saying is correct. However,before you do anything ... | |
| Bankruptcy | 12/2/2008 |
| Q: My daughter and her husband are in the process of getting a divorce. He has left and has said he is ... A: I am sorry that you family is facing this. He can file all by himself, and he may gain protection ... | |
| Suing someone after they've filed for bankruptcy | 12/1/2008 |
| Q: This takes place in the State of California. A friend I loaned $7500.00 to is filing for bankruptcy ... A: The debt is considered discharged in the bankruptcy even if it is not listed if the Bk is a "no ... | |
| Suing someone after they've filed for bankruptcy | 11/30/2008 |
| Q: This takes place in the State of California. A friend I loaned $7500.00 to is filing for bankruptcy ... A: Interesting. Proving that he made false promises to evade payment does not win the case. Most people ... | |
| Suing someone after they've filed for bankruptcy | 11/29/2008 |
| Q: This takes place in the State of California. A friend I loaned $7500.00 to is filing for bankruptcy ... A: First off, I hope he honors his promise and pays you. That said, don't count on getting your money ... | |
| BANKRUPTCY | 11/17/2008 |
| Q: I live in maryland I want to do a bankruptcy. I qualify for ch. 7 and I have not used my credit ... A: 1. I have never seen a fraud allegation raised solely because of late fees and over limit fees. It ... | |
| bankrutcy law | 11/11/2008 |
| Q: If I am holding a second lien against a house and the owner of the house is declaring charter 7 ... A: Chapter 7 will not automatically erase your lien, and the house should remain as collateral for your ... | |
| AMENDING A BANKRUPTCY | 11/10/2008 |
| Q: My husband and I filed Bankruptcy, without the help of a lawyer, in 2005 before the new laws ... A: I suggest you dispute the item on your credit report, on the grounds that it was discharged in ... | |
| Chapter 7 | 11/8/2008 |
| Q: I filed a chapter 7 about 3 years ago and just lost my job, foreclosed on my house and had my ... A: I don't know if you actually need a bankruptcy. I assume your mortgage and car loans were discharged ... | |
| Personal bankruptcy | 11/5/2008 |
| Q: I am a resident of Florida. For several years I lived in England. Am looking to having to file ... A: Interesting question. I think I can give you a decent answer for part of this. You can, and should, ... | |
| Chapter 7 filed, HELOC question | 11/2/2008 |
| Q: I co-signed for a HELOC for my mothers home. I had to file chapter 7 and did not reaffirm the debt. ... A: The debt is still owed against her home. If or when there is any equity in the home, they can ... | |
| ch.13 case in Ma | 10/29/2008 |
| Q: We are about to dismiss a ch.13 case that we will be unable to pay the payments on. in the case we ... A: As soon as you dismiss, you are shark food once again for the judgement creditors, they don't have ... | |
| Accrual of interest on account after bankruptcy | 10/23/2008 |
| Q: I have a line of credit that was never reaffirmed when we filed bankruptcy a few years ago. I know ... A: This a very frustrating situation faced by many people. I think the real problem is that you were ... | |
| Reaf Agreement | 10/21/2008 |
| Q: I signed a reaffirmation agreement with my creditor i filed Pro Se and after the bankruptcy was ... A: It's my guess that you are correct and that the reaf was not valid. It has to be approved by the ... | |
| chapter 7 bankruptcy | 9/26/2008 |
| Q: BAYER, I NEED SOME ADVICE ABOUT FILING CHAPTER 7 BANKRUPTCY. IN BRIEF, THESE ARE THE PERTINENT ... A: I am sorry that you are facing what appears to you be such a scary situation. Let's start with the ... | |
| Chapter 7 Discharge | 9/25/2008 |
| Q: My wife and I filed a Chapter 7 petition in CT on 05/14/2008. The notice we received from the court ... A: It sounds to me like you will get your discharge soon. The courts are swamped right now, and on my ... | |
| Refinance to pay off 13 Plan | 9/18/2008 |
| Q: I have been in bankruptcy for 2 years and I am really looking for some relief from making a ... A: I'm glad to know that someone actually reads these things. Sometimes the people who write in don't ... | |
| BANKRUPTCY | 9/7/2008 |
| Q: Hypothetically if I qualify for ch. 7 and submit all paperwork and personal information to my lawyer ... A: You are officially "bankrupt" on the day your Petition is filed with the court. Money you become ... | |
| bankruptcy | 9/6/2008 |
| Q: I am separated from my husband i want to get a divorce but first we have to file bankruptcy we owe ... A: I'm sure sorry you are stuck with the double misery of debt and a bad marriage. A person is ... | |
| debt relief | 9/5/2008 |
| Q: Three years ago my uncle and aunt were co-applicants on a loan for a new RV. My uncle died a year ... A: What a sad situation, especially for an older person in bad health and recently widowed. Please ... | |
| Education debt | 8/29/2008 |
| Q: Sir, I currently hold a tuition bill that is in default. A collection agency is asking me to pay 30 ... A: OOPS! SEE THE CHANGE IN CAPS: I need more information. Student loans are generally not discharged in ... | |
| Car lease in Chapter 7 | 8/23/2008 |
| Q: I have a leased jeep that I have fallen behind in payments and I'm thinking of doing a Chapter 7 ... A: Assuming you are qualified for a 7, (and I don't know if you are, to find out you really need an in ... | |
| ok to file BK 13 if you just just started to be self employed? | 8/21/2008 |
| Q: I have a friend who lost his job, however, he just got a job working full time on a contract basis ... A: The requirement in this regard is that the person who files must be an individual with "regular ... | |
| chapter 7, credit reporting | 8/17/2008 |
| Q: My husband and i filed chapter 7 back in 2004 and it was discharged. we were then told our chapter 7 ... A: Everything you mention being told about this is completely wrong and mixes up two very different ... | |
| BANKRUPTCY | 8/15/2008 |
| Q: Last week I sent my papers to a lawyer and was told that I do not qualify for ch. 7 because me and ... A: I am very sorry that you have to go through financial problems, and then you wind up getting layed ... | |
| chapter7 | 8/11/2008 |
| Q: our 20 year old daughter receives ssi it is used solely for her own expenses (car ins, gas, clothes ... A: I doubt that someone in this situation would count it as part of household income - unless you are ... | |
| sba loan and bk | 8/6/2008 |
| Q: I would like to know if I will be able to keep my home. Sba has lein I filed a CH.7. They are the ... A: Chapter 7 does not give a person the ability to remove voluntary liens and mortgages from their ... | |
| Max amount one can discharge in a Chapter 7 | 8/4/2008 |
| Q: If one has $450,000 in medical bills alone, can that entire amount be discharged in a Chapter 7? A: That is one heck of a whopping medical bill! I hope you have recovered, and that you are now well. ... | |
| bankruptcy | 7/29/2008 |
| Q: If someone has to file ch. 13 (not 7 because of excess income) and then maybe a year later his ... A: A person in Chapter 13 can usually withdraw from the bankruptcy if they want to, however, the person ... | |
| School tuition costs | 7/12/2008 |
| Q: I had filed for bankruptcy back in 2006. Included in that was costs that New England Institute of ... A: I am confused about some key facts, but I'll do the best I can for now with what you have stated. ... | |
| Additional Clothing\Food expense | 7/2/2008 |
| Q: On line 39 you are allowed to claim an additonal clothing\food expense of up to $60. If you are ... A: Very uncommon. I would expect a lot of resistance. Even if you can prove that you spend the extra ... | |
| Considering Bankruptcy | 6/27/2008 |
| Q: I recently received a court summons for a debt that I have which is now over $7000 dollars. At this ... A: I am assuming that you have no other debts. If so, I would like to see you work things out and pay ... | |
| credit cards | 6/24/2008 |
| Q: I filed chapter 7 last April and already went to the trustee meeting, I had a lot of unsecured debt, ... A: Most banks will let you keep the cards if they had a zero balance when you file bankruptcy. I ... | |
| BANKRUPTCY | 6/23/2008 |
| Q: I'm married to a wife that has 3 jobs and works about 75 hours a week and we have one child. I live ... A: What else does she do with her money? On line #3 the means test (Form B22) requires that you first ... | |
| bankruptcy date | 6/22/2008 |
| Q: I need to know what date or even year we filled bankruptcy. We think it was in or around 2000. I now ... A: You can get a free credit on line report in a few minutes at www.annualcreditreport.com and I think ... | |
| HOA after bankruptcy discharge | 6/20/2008 |
| Q: When I filed bankruptcy Dec 2007, my acct. with the HOA was paid and current. I was told by my ... A: This is a very good question, and the law that governs this is very strange, indeed! First of all, ... | |
| bankruptcy date | 6/17/2008 |
| Q: I need to know what date or even year we filled bankruptcy. We think it was in or around 2000. I now ... A: You can easily get your filing date and case number by running a credit report on yourself. It stays ... | |
| Bankruptcy - Civil Judgment for punitive damages | 6/12/2008 |
| Q: I may be included in a law suit with my employer by an employee claiming hostile work environment ... A: I am sorry that you are facing this. Unfortunately litigation like this has become all too common. I ... | |
| Types of debt | 6/10/2008 |
| Q: Two brothers attempted to take guardianship of our mother. In doing so they hijacked her bank ... A: I am sorry that you and your mother are going thru a legal nightmare. I hope it all works out well ... | |
| Bankruptcy | 6/2/2008 |
| Q: I worked for my father in law. I was paid a flat amount each month and allowed to use a company ... A: I think you need to get an experienced bankruptcy lawyer right away. Look for a lawyer who also ... | |
| bankruptcy | 5/29/2008 |
| Q: Does chapter 13 allow the person to save money each month after paying the agreed on amount? Also, ... A: It is hard to save money while you are in Chapter 13, because the law requires you to pay all of ... | |
| Tax Refund | 5/27/2008 |
| Q: We filed bankruptcy this year. I claimed a tax refund exemption when we filed. I sent in my tax ... A: I am sorry, but I think it's your lawyer who is in breach! However, there is so much more that I ... | |
| ch.13 bankruptcy dismissal--refiling | 5/15/2008 |
| Q: The Ch.13 Trustee moved for a dismissal of my case due to my moving out of state. He recommended ... A: I can see why you are confused about this. I would need to know when your case was filed, and the ... | |
| Chapter 7 & Rental Property | 5/14/2008 |
| Q: I am filing for chapter 7 bankuptcy. I have several rental properties with negative equity. When my ... A: You need to think this through very carefully, and hopefully with the assistance of an experienced ... | |
| bankruptcy | 5/7/2008 |
| Q: My husband and I bought 4 rental properties and have driven up our personal debt to the point of no ... A: I am really sorry that you find yourself in this position. Ownership of rental properties can be a ... | |
| LLC bankruptcy on small business | 5/6/2008 |
| Q: I have a small LLC trucking business.I have 1 truck and 1 trailer.The fuel prices have put me out of ... A: I am truly sorry that you are facing all of this trouble. I am getting lots of phone calls these ... | |
| Social Security funds & bankruptcy | 4/26/2008 |
| Q: I signed papers for ch7 Mar 19 and the papers were filed on Mar 21. On Mar 20 I discovered the US ... A: I think the money will be exempt as a "disability benefit," because it is so easily traceable back ... | |
| Judgement s and Bankruptcy | 4/11/2008 |
| Q: I am unable to pay a credit card and the creditors seized an old car, which did not settle the ... A: Judgements are dischargeable in bankruptcy, provided that the underlying debt is the kind of claim ... | |
| 2 questions, Chapter 7 & Foreclosure | 3/29/2008 |
| Q: My spouse and I filed Chapter 7 and included our home as well. We will be discharged May 08. Will ... A: I don't think anyone can answer this question adequately. The basic rule is that a credit report can ... | |
| Bankruptcy /Foreclosue | 3/28/2008 |
| Q: I can no longer pay my mortgage. I would like to claim bankruptcy only on my home. Is that possible A: I am sorry that you have such financial difficulties. When you file bankruptcy it involves all of ... | |
| Discharge with out reaffirmation agreement | 3/13/2008 |
| Q: I filed chapter 7 pro se and indicated that I wanted to reaffirm my car loan. When I spoke to the ... A: The reaffirmation has nothing to do with your discharge. Having a reaffirmation or not does not ... | |
| back taxes | 3/4/2008 |
| Q: We have back taxes from 1997 - 2004. We have considered bankruptcy if it would clear our tax issue. ... A: First off, there is hope. However, I can't try to give you any guidance as to the issues dealing ... | |
| BK as a creditor | 3/1/2008 |
| Q: I have a judgment (which I believe is perfected as a lien) against a married couple in WY. The WY ... A: Once your lien has been perfected for more than 90 days, it should withstand most things that can ... | |
| settlement threatened with bankruptcy | 2/24/2008 |
| Q: We are suing a builder who abandoned our house construction with more than $100,000 in ... A: I am terribly sorry that you are going through this. I am sure you realize there is so much to this ... | |
| corporate bankruptcy | 2/19/2008 |
| Q: I have been in business for 12 years, an S corp. I have a lot of unsecured business debt that was ... A: Creditors holding your personal guarantees can sue you personally and enforce a judgement against ... | |
| corporate bankruptcy | 2/18/2008 |
| Q: I have been in business for 12 years, an S corp. I have a lot of unsecured business debt that was ... A: I am sorry that you are facing such financial difficulties. The debts that someone discharges should ... | |
| home on wage earner plan | 2/5/2008 |
| Q: I (individually) have recently filed chap 13 bankruptcy in Massachusetts. Both my husband and I are ... A: I will give you some educated guesswork, which is the best I can do without having the benefit of ... | |
| re-open bankruptcy case | 2/4/2008 |
| Q: I wanted to know if I can reopen a bankruptcy case from 2004 instead of refiling? My business has ... A: That is a really good question. I assume you filed Chapter 7, unless you tell me otherwise. Your ... | |
| bankruptcy and tax returns | 1/29/2008 |
| Q: I filed chapter 7 bankruptcy on January 8 2007. I currently reside in Virginia. I am not yet ... A: The assets you get to keep when you file bankruptcy are called "exemptions." That is because certain ... | |
| chapter 7 and tax refund | 1/28/2008 |
| Q: my question is we are not discharged yet from the trustee. can he still take our refund? Also, does ... A: The assets you get to keep when you file bankruptcy are called "exemptions." That is because certain ... | |
| Reaffirmation & Credit Bureaus | 1/24/2008 |
| Q: We filed for bankruptcy in 2005 and reaffirmed with the mortgage company. We are on an ARM loan and ... A: I think the problem is with your mortgage company. The credit bureaus basically report what your ... | |
| Gifts as income | 1/23/2008 |
| Q: I received a cash gift of $10,000. Is that counted as income for the purposes of determining what ... A: This is a very interesting question! The term income is not defined in the Bankruptcy Code. ... | |
| reaffirmation agreement necessary | 1/22/2008 |
| Q: I have filed Chapter 7 and I wanted to know if I "do not" sign a reaffirmation agreement and stay ... A: You raise a very good question, and exactly the same issue constantly troubles all bankruptcy ... | |
| selling during a bankruptcy | 1/21/2008 |
| Q: well i bought a pick up from a private party and when i went back to get the title with my final ... A: I am very sorry that you have such trouble over this! Without reviewing the bankruptcy file, and ... | |
| Chapter 7 | 1/20/2008 |
| Q: I live in Florida and am wondering if I can file a chapter 7 on my own or does the new law state I ... A: An individual is allowed to file without having a lawyer. One of the requirements in the new law ... | |
| Do you still get a tax return after banckruptcy? | 1/19/2008 |
| Q: My wife and I filed for bankruptcy in the year 2007. Do we still recieve a tax return for this year? ... A: The assets you get to keep when you file bankruptcy are called "exemptions." That is because certain ... | |
| filing income tax and have been in chapter 13 bankruptcy the past year | 1/15/2008 |
| Q: Does this affect my filing? Do I include the amount I have paid for the year? A: You prepare and file your income taxes in the normal manner. However, the trustee on your case ... | |
| Old Bankruptcy | 1/9/2008 |
| Q: Filed 20yrs. ago in CA. Considering paying debt as listed in bankruptcy. What is the risk in ... A: What a fascinating question you have asked! I am very glad for you that you are now in a position ... | |
| Chapter 13 | 1/7/2008 |
| Q: I am three years into a chapter 13. Last Sept. I was flooded out by hurricane Ernesto. I lost ... A: I am so very sorry to hear about all of your bad luck. I do hope that the new year of 2008 will ... | |
| tax retuns | 12/31/2007 |
| Q: If I file bankruptcy in Janurary, will I recieve a return when I file my tax papers? A: The assets you get to keep when you file bakruptcy are called "exemptions." That is because certain ... | |
| bankruptcy and student loans | 12/29/2007 |
| Q: This past year I applied for and received a bankruptcy discharge for medical and credit card bills. ... A: I am sorry to tell you the chances of someone discharging student loans is not very good. If a ... | |
| chapter 13 | 12/24/2007 |
| Q: I am in chapter 13 right now and payments are hard to make, can I discharge my chapter 13 myself and ... A: I am sorry to hear that you are still having financial difficulty. Hopefully the new year will bring ... | |
| Chapter 13? | 12/5/2007 |
| Q: I am in a situation that I must get out from my home, due to recent family death and new found ... A: I am so sorry to hear about all this hardship. You can certainly file a 13 and then sell the house, ... | |
| debt | 11/30/2007 |
| Q: what debt is included in bankruptcy? and what debt isnt? A: Bankruptcy will generally discharge most kinds of debts, (generally things like credit cards and ... | |
| voluntary repo after bankruptcy | 11/6/2007 |
| Q: On October of 2004 my wife and I purchased a 2005 Honda CRV. 2 yrs later we filed for Chapter 7 ... A: I am sorry you are having this difficulty. As long as you did not reaffirm the loan, you can ... | |
| Bankruptcy | 10/27/2007 |
| Q: I filed for bankruptcy in 91' and have received a call from a creditor wanting payment. This ... A: Assuming this is not a student loan, (whole different discussion if it is), a person in this ... | |
| In chapter 13, behind on mortgage | 10/18/2007 |
| Q: My husband and I had our Chapter 13 plan confirmed in Dec 2006. Things were going good until we had ... A: I am very disappointed to hear that you have a lawyer that will not return calls. That is ... | |
| Medical Bills | 10/15/2007 |
| Q: I'm in the process of filing Chapter 7. I'm waiting for 70 days to pass since my last cash advance, ... A: I am sorry that you are having health problems on top of having financial problems. Medical bills, ... | |
| Bankruptcy vs. incomes earned and options! | 10/11/2007 |
| Q: My wife makes @$150-$200K and has about $60K in debt. I make @$125-$150 and have right at $40K in ... A: I know, it's very frustrating! However, you are actually handling things very well, all things ... | |
| Teri loan | 9/29/2007 |
| Q: Can you tell me if a Teri loan is a federally guaranteed loan. I've researched it and keep coming up ... A: I strongly suspect it is not dischargeable. There is no requirement in the law that the loan has to ... | |
| Bankruptcy? | 9/28/2007 |
| Q: A little Background: I am a full time student-going to class nearly 40 hours a week. I am getting ... A: Bankruptcy will not affect school loans that are in deferment. You sound like a good candidate for ... | |
| Dismissal or Discharge | 9/26/2007 |
| Q: I recently had my chapter 13 plan approved but my wife and I have concluded that we won’t be able to ... A: Dismissing the bankruptcy will not improve your credit, in my opinion. You already have it on your ... | |
| IRS | 9/24/2007 |
| Q: I am going to file for bankruptcy. I owe the IRS taxes from back in 2004. Will that be covered in ... A: That depends. A lawyer has to know a few additional facts. I tell my own clients that they should ... | |
| Repayment of Second Mortgage after Chapter 7 | 9/17/2007 |
| Q: Since we never signed reaffirmation papers, or a reaffirmation agreement for or first or second ... A: Generally speaking, in a situation like this the house remains as collateral for the second ... | |
| Bankruptcy with a 2nd Mortgage | 9/5/2007 |
| Q: I filed chapter 13 bankruptcy in January 2005. I have a 1st & 2nd mortgage on my house. My ... A: I am very sorry that things are not working out for you. Your 2nd mortgage is already a lien, that's ... | |
| repossion | 8/25/2007 |
| Q: My son is in the Navy. He had his truck repo about two months ago. The bank sold the truck at a ... A: I am very sorry that any person, especially a service man, has to be going through this kind of ... | |
| Filing Bankruptcy Questions | 8/22/2007 |
| Q: I am an active duty soldier stationed in germany and soon to deploy to Iraq for 15 months. I am ... A: In my experience, the court system will bend over backwards to accommodate U.S. military personnel ... | |
| Title IV-E Foster Care Income- is it included in the means test? | 8/19/2007 |
| Q: Do you know if title IV-E income is included in a means test? We are in the process of adopting a ... A: I believe it will be added to your income for the period received up through and including the month ... | |
| bankruptcy | 8/10/2007 |
| Q: My parents are both 60 and my father recently lost his job, and next month his unemployment runs ... A: I am very sorry that your parents are facing this. Nobody should have to face something like this ... | |
| CA Chapter 7 and Car Repo | 7/29/2007 |
| Q: My chapter 7 discharge was back in 2004 and since then I have lost my job and got cancer and my car ... A: I am so sorry you have had so much hardship. Yes, they were allowed to repo your vehicle if you were ... | |
| Bankruptcy | 7/25/2007 |
| Q: Can a person who's married file bankruptcy without involving spouse? State NY. Thank You for your ... A: A person can file alone without their spouse, but the filing may affect assets that are standing in ... | |
| dismissing bankruptcy | 7/24/2007 |
| Q: If I filed BK chapter 7 in April an went in front of the trustee in June an will not receive ... A: You do not have the automatic right to dismiss. If you want to try, you have to make a motion to the ... | |
| Reaffirmation and Credit Report | 7/23/2007 |
| Q: Our Chap 7 bankruptcy will be discharged in a couple weeks. We have a 2005 Chevy Trailblazer that ... A: If you filed bankruptcy on or after 10/17/05, (the effective date for filing a case under the new ... | |
| chapter 13 | 7/17/2007 |
| Q: I live in Georgia and I was wondering if you file chapter 13 and you get dismissed before you are ... A: Generally speaking, you can refile right away but the procedural rules are very complex. For one ... | |
| Bankruptcy never reported on credit report as discharged | 7/16/2007 |
| Q: I filed a Chapter 7 in March 2001 and everything went fine, but evidently in never got reported to ... A: I get so ticked off when I hear about a lawyer who won't give you two minutes of time, especially to ... | |
| discharged bankruptcy amending | 7/12/2007 |
| Q: my bankruptcy was discharged in feb-07 i kept the home i am in and now the bank is forclosing ... A: Assuming that a person's mortgage debt was properly scheduled in the bankruptcy, and assuming that ... | |
| Student Loan Debt | 7/9/2007 |
| Q: I had a bankruptcy discharged in 2002. I was looking through my bankruptcy papers the other day and ... A: A good example would be where you are required to make payments to a bank, but the loan has been ... | |
| Student Loan Debt | 7/9/2007 |
| Q: I had a bankruptcy discharged in 2002. I was looking through my bankruptcy papers the other day and ... A: Student loans were generally not dischargeable if the debt was owed for a loan program made or ... | |
| Credit Cards & Bankruptcy | 7/8/2007 |
| Q: Can I file Bankruptcy just on my credit cards they are in my name and not my spouse A: Technically speaking, you can do that, but it is not always wise to do so. Even if you file alone, ... | |
| What to do when a business partner declares bankruptcy | 7/5/2007 |
| Q: I have a business partner (he and his wife own 51% of our business) who may have to declare personal ... A: I am sorry to hear about this. The outcome will depend largely on what kind of bankruptcy they file. ... | |
| Conflict with IRS and bankruptcy | 7/4/2007 |
| Q: My bankruptcy was dismissed. The papers from the Bankruptcu show I owe the IRS close to $10,000. ... A: The dismissal of your bankruptcy means that you do not retain any of the benefits that the case was ... | |
| Property taxes & bankruptcy | 6/25/2007 |
| Q: I was wondering if unpaid property taxes on a mortgaged house dischargeable in chapter 7 bankruptcy? ... A: The taxes are not per se dischargeable. However, in many jurisdictions (such as California where I ... | |
| Chapter 13 - Tax refund | 6/11/2007 |
| Q: my husband and I are going to be filing bankruptcy this week, I'm all stressed out, the attorney ... A: I think your attorney is in the best position to answer your questions, and you should not feel shy ... | |
| Bankruptcy | 6/9/2007 |
| Q: 000 dollar school loan and $18,000 dollar car loan and about $12,000 dollars in credit card debit ... A: Fred, if you are eligible for Chapter 7 bankruptcy, (there is not enough info here for me to really ... | |
| chapter 7 and car | 6/4/2007 |
| Q: I have not filed bankruptcy yet but wanted to know how it would affect my car. I am currently ... A: All I can safely tell you is that at some point you will lose the car. I don't know when, because ... | |
| tax refund | 5/10/2007 |
| Q: is it true that even if i am under the chap 13 bank. the trustee can not take my earned income ... A: Sorry, but the trustee probably will take any tax refund, unless you are in a 100% Plan. However, to ... | |
| Sale of property prior to bankrupcty | 5/10/2007 |
| Q: I am buying a rehab property for $30k from a couple that is getting divorced and both are planning ... A: You really need to get advice on this from a super knowledgeable, local BK attorney. Somebody with ... | |
| Sale of property prior to bankrupcty | 5/9/2007 |
| Q: I am buying a rehab property for $30k from a couple that is getting divorced and both are planning ... A: A transfer made by someone who is insolvent and who then winds up in bankruptcy is always subject to ... | |
| Chapter 7 | 4/22/2007 |
| Q: I am married. Can I file chapter 7 alone without messing around with my husbands things. Nothing ... A: A person can file alone without their spouse, but the filing may affect assets that are standing in ... | |
| Indiana's Definition | 4/17/2007 |
| Q: I did use the Indiana Wildcard Exemption and the trustee assigned to my case has objected stating ... A: Here is another approach that you might consider. Indiana has and exemption for 75% of unpaid wages. ... | |
| What is considered "tangible vs. not non-tangible" | 4/12/2007 |
| Q: What I am trying to find out is an income tax return considered "tangible personal property"? I ... A: The exemption that I found under Indiana law provides $100 on any intangible personal property, ... | |
| Your answer - Gotta Question | 4/11/2007 |
| Q: This was myQuestion I do not have an attorney, I had a petition preparer file my bankruptcy. The ... A: Please tell me why you can't you claim it under the $4000 wild card exemption? Previously I wrote: ... | |
| Roomate filed chap. 13 including past rent. | 4/6/2007 |
| Q: about 3 years ago or so. a roomate of mine quit his job, got racked in debt and also go us evicted ... A: There is indeed some protection available to a person who is jointly obligated on a debt with a ... | |
| Income Tax return | 4/4/2007 |
| Q: I filed bankruptcy, CH 13, in Oct 2006. I filed my income tax return (1040EZ)in January and ... A: Perhaps an argument can be made that you are entitled to "exempt" part of the 2006 refund? You ... | |
| Bankruptcy and Tax Refund | 4/4/2007 |
| Q: I do not have an attorney, I had a petition preparer file my bankruptcy. The trustee is trying to ... A: Why do you say "other than the standard exemption"? It appears that Indiana does have a $4000 wild ... | |
| university's refusal to release transcript even after the discharge? | 3/19/2007 |
| Q: Mr. Bayer, I filed for Ch 7 in Aug 97 and recd. a discharge Nov '97. One of the debts was a part of ... A: I believe they would probably have to release the transcripts. Numerous courts have held that the ... | |
| Defeiciency judgement before or after filing BK? | 3/15/2007 |
| Q: If a foreclosure results in a deficiency balance against the debtor, can that deficiency be ... A: The deficiancy may be discharged in a bankruptcy filed after the foreclosure sale takes place. ... | |
| Geting sued | 3/5/2007 |
| Q: I just want to know under florida law,if i applied for bancruptcy about 8 years ago can i get suied? ... A: The bankruptcy case does not protect you from debts that you incurred AFTER the date you FILED your ... | |
| Chapter 13 Dismissal | 3/3/2007 |
| Q: What happens if I fail to complete the terms of my bankruptcy? I get out before I receive a ... A: Basically, you will be giving up the court protection that you have had during the case. If you ... | |
| Assets in bankruptcy | 3/3/2007 |
| Q: I filed bankruptcy in 5/2005 and my debt was discharged. I am leaving my job 4/2007 because its ... A: At a minimum, a lawyer will need to know which kind of bankruptcy you filed, and whether or not the ... | |
| Report | 3/1/2007 |
| Q: bankruptcy code and I was wondering if I could ask you some questions. 1. What is the bankruptcy ... A: I think these are very good questions and will result in an excellant report. I hope you get an ... | |
| To file or not to file? | 2/21/2007 |
| Q: Our small business has failed and we are in the negative for cash. We have no debt but our landlord ... A: I'm sorry to hear about your problem. Your partner needs to consult with an experienced local ... | |
| Judgments | 2/1/2007 |
| Q: Can you include judgements in your bankruptcy? A: Yes, unless the judgement is based on a debt of the kind that is not dischargeable. Please read the ... | |
| refiling Chapter 13 | 1/25/2007 |
| Q: I was in Chapter 13 and dismissed for not enough payment can I refile again A: Unless the court imposed special restrictions when it dismissed your case, you can refile. However, ... | |
| How can late car payments affect a Chapter 7 | 1/19/2007 |
| Q: I have already been qualified to file a Chapter 7 and I am in the process of saving money to pay for ... A: There is no legal requirement that you must be current on car payments to file bankruptcy. However, ... | |
| CAN I DO A BANKRUPTCY WITH A JUDGEMENT ALREADY AGAINST ME ON THE CAR | 1/16/2007 |
| Q: Behind on carnote 9months was planning on playing catch up around tax season. Was summons to court ... A: A Chapter 13 case is always subject to the requirement that the plan is proposed in "good faith." If ... | |
| chapter13 refile | 1/16/2007 |
| Q: im in a chapter13 right now, but i recieved a letter from the trustee a motion to dismiss because ... A: You may be able to refile, but the proceedures to get a stay against your creditors is complicated ... | |
| Federal Student Loans | 1/12/2007 |
| Q: I no longer have the records of my bankruptcy and would like to get them to pass on to the ... A: I doubt you can get actual copies very quickly. However, you should be able to go to the local court ... | |
| Paying off Chapter 13 earlier than Plan | 1/9/2007 |
| Q: I recently filed Chapter 13 and have pretty decent payment arrangements. That leads me with a ... A: What is the percentage of unsecured debt that you are paying? If you are paying 100%, then the ... | |
| Chapter 7 private student loans and cosigners | 1/7/2007 |
| Q: My wife and I recently filed chapter 7 in Georgia, we are awaiting our discharge which we have been ... A: I believe that the loan can still be paid by the guarantor according to it's normal terms. Your ... | |
| he's not wanting to give up a car | 1/5/2007 |
| Q: A long story made short. A friend of mine has a 03 Jag and hasn't made payments on it in 8 months ... A: I completely agree with you, your friend is not making any sense. I think his credit is already ... | |
| Bankruptcy & Insurance Claim | 1/3/2007 |
| Q: My husband & I filed Chapter 13 Bankruptcy October 4, 2005. Said bankruptcy was discharged in April, ... A: I am terribly sorry that you are going through all of this. I am a little confused, because you ... | |
| Bankruptcy Business and Personal | 1/2/2007 |
| Q: Several years ago I started a small business (as a sole pr./dba) about 3yrs ago I changed to an ... A: I am sorry to hear that your busness was unsuccessful. Financing a business with credit cards is ... | |
| Am I eligible for Chapter 7? | 12/30/2006 |
| Q: I am being sued for an auto accident in which the demand is MUCH more than my policy limits. ... A: I really can't answer a question like this without the benefit of an in depth personal consultation. ... | |
| Deed in leiu of | 12/13/2006 |
| Q: I know this doesn't pertain to BK but do you know the difference that a deed in lieu of instead of a ... A: Here is a wild guess: I would expect them both to affect your credit the same, unless the account ... | |
| Bankruptcy 7 | 12/11/2006 |
| Q: We hired an attorney in March and was paid in full in April 1006. This was when we were having ... A: What a disaster. I'm really sorry that you are going through this. Facing bankruptcy is tough enough ... | |
| Chapter 13 Dismissal | 12/6/2006 |
| Q: We have been in 13 for about 1-1/2 years. Our home in MS was under foreclosure when we filed. I was ... A: I am sorry to hear about this. I get very disturbed when lawyers fail to adequately represent their ... | |
| Charge off | 12/4/2006 |
| Q: My bankruptcy was discharged 06/2004. Since then I have had no reporting from a Capital One credit ... A: I am curious to know if you have contacted your attorney about this? In any event, most likely you ... | |
| bankruptcy loss of house | 11/16/2006 |
| Q: if we were to go bankrupt as we have no equity in our home would that mean we could keep our home as ... A: Generally speaking, if there is no equity, a person should be able to keep the home provided they ... | |
| bankruptcy | 11/15/2006 |
| Q: My debt is 17,000. Half is unsecured debt and the other is for a car that was reposessed. I have ... A: I feel your best course is to hire an attorney for debt negotiation. You can probably get these ... | |
| bankruptcy | 11/14/2006 |
| Q: The LLC is owned by my siblings and myself. My father is in the process of giving us as much of his ... A: A key requirement of Chapter 13 is that your payment Plan must pay creditors as much as the value of ... | |
| bankruptcy | 11/14/2006 |
| Q: I filed bankruptcy when my husband left in 2001. My income has dropped and I'm having financial ... A: I'm sorry to hear that you are having problems again. Is the LLC owned by your father, or is it ... | |
| What happens to new money after bankruptcy | 11/13/2006 |
| Q: I was hoping to settle some credit card debts when I received a settlement from an injury claim that ... A: The injury claim is one of your assets, and whether or not your will be allowed to keep it depends ... | |
| Will me filing bankruptcy effect co-signers credit | 11/12/2006 |
| Q: I thinking of filing chapter 13, but my co-signer don't want me to include the car. They say it will ... A: You don't have a choice. If you file bankruptcy, the car loan will be listed. Your consignor will ... | |
| No attorney and 18 creditors left off the papers | 11/12/2006 |
| Q: I filed a ch7 No Asset Bankruptcy in Maryland that was discharged in Feb 06. I went through an ... A: You should immediately consult with an experienced local bankruptcy attorney about this. It sounds ... | |
| Chapter 7 Bankruptcy Fees, doing it without a lawyer | 11/10/2006 |
| Q: When filing for bankruptcy, do you have to pay the full amount before your attorney mails a letter ... A: Financial arrangements are between you and your attorney. Fees vary according to what a client needs ... | |
| new credit | 11/8/2006 |
| Q: If I claim bankrupcy can I get a student loan afterwards or within a year? or two years? Can I ... A: You should have no problem getting a student loan that you are otherwise eligible for. However, for ... | |
| CHAPTER 7 BANKRUPTCY | 11/3/2006 |
| Q: Can payday loans be discharge in a chapter 7 bankruptcy. A: Yes! If you are going to file, go to your bank and discuss with the bank on how to stop payment on ... | |
| File Bankruptcy again | 11/2/2006 |
| Q: I filed for bankruptcy in July 1999 and have recently be separated in process of divorce from my ... A: You can't have another Chapter 7 discharge unless your new case is filed more than 8 years after the ... | |
| bankruptcy | 10/31/2006 |
| Q: i am thinking about bankruptcy i owe about 350,000 in back taxes and about 50,000 in back child ... A: I am sorry to hear about all of these problems. Unfortunately, what you are looking to accomplish ... | |
| thinking chapter 7 | 10/27/2006 |
| Q: My ex step-dad (47 yo) was in a horrible accident. Now has medical bills from hospital and other ... A: I am very sorry this has happened to him. It's more complicated than you think, because he owns a ... | |
| Chapter 13....Chapter 7 | 10/27/2006 |
| Q: My husband and I filed chapter 13 a little over a year ago, we live in Michigan. We filed to stop ... A: I'm sorry you are going through this. At least you gave it your best try. I am assuming that you ... | |
| student loans | 10/25/2006 |
| Q: I have a lot of debt, my biggest debt is my school loans. my ex-husband refused to pay any of the ... A: To answer a question about whether or not to file bankruptcy, an attorney needs much more detailed ... | |
| social security income | 10/22/2006 |
| Q: Are social security benefits included in the chapter 7 means test to count as income if there are ... A: Your Social Security will not be counted as income for purposes of eligibility under the "means ... | |
| Foreclosures | 10/21/2006 |
| Q: Recently I had a conversation with a friend about bankruptcies and foreclosures. It appeared that ... A: It will stay on your record anywhere from 7 to 10 years, depending on the type of foreclosure ... | |
| judgement/lein on new home | 10/20/2006 |
| Q: how is it that a lawyer tells you everything is fine after filing bankruptcy and then you buy a ... A: I'm sorry to hear that you have this problem. Was the lien recorded before you filed bankruptcy, or ... | |
| Banckruptcy Process | 10/19/2006 |
| Q: If I go to banckrupcy and I want to buy a house in the near future. Do that impact me very ... A: You may be able to discharge the taxes in bankruptcy. Just so you know, income taxes may discharge ... | |
| Back taxes for banckrupcy | 10/19/2006 |
| Q: I had accumulated about 30K in debt with the IRS and NY Tax Department. I do not have assets such ... A: You may be able to discharge the taxes in bankruptcy. Just so you know, income taxes may discharge ... | |
| bankruptcy and ex husband | 10/12/2006 |
| Q: I need some questions answered and not sure where to go. My ex husband just told me he filed for ... A: It may depend on what kind of bankruptcy a person files. For example, there is now a provision in ... | |
| Can I still usr chapter 13 for filling?? | 10/11/2006 |
| Q: I have a dedt ove $30,000.00. And I am just six and tired of it paying for everything.. I just got ... A: It sounds to me like you are probably more interested in Chapter 7. Chapter 7 is the kind of ... | |
| how much time between bankrupcies | 10/10/2006 |
| Q: My husband had a chapter 7 bankrupcy that he filed in 1998 and was discharged in 1999. We are in ... A: A new law took effect on October 17, 2005. Under the new law, the time has been increased from 6 ... | |
| katrina bankruptcy | 10/9/2006 |
| Q: bayer, ive been reading alot of these postings trying to educate myself but bankruptcy law seems ... A: Please go see a local bankruptcy attorney expert right away. Your husband's interest in the business ... | |
| bankruptcy questions | 10/8/2006 |
| Q: My husband and I have considerable (well, in our opinion) debt. We have about $20k in credit card ... A: I'm very sorry that you are going thru all that, but it sounds like you can probably get out of it ... | |
| FILING BANKRUPYCY | 10/7/2006 |
| Q: I AM THINKING ABOUT FILING BANKRUPTCY. MY CAR IS PAID FOR AND I AM WONDERING IF IT WOULD BE TAKEN ... A: For starters, see the "Exemptions" section in my bankruptcy guide at: ... | |
| My Credit History | 10/5/2006 |
| Q: I have paid off all of my bills but 3 even though most of them I am settled for the settlement offer ... A: Frankly, I am rather puzzeled. If you are thinking about bankruptcy, why did you already pay out any ... | |
| mortgage bk 13 and credit worthiness | 9/28/2006 |
| Q: I read from a expert in real estate investments regarding bk chapter 13 which I beleive maybe in ... A: I think the "rules" on this are ambiguous. I believe that the Chapter 13 case can remain on a ... | |
| Liens included in ch 7 bkruptcy | 9/20/2006 |
| Q: We filed for CH 7 in April 2005, both person & included a small business that I owned. It was ... A: I really am sorry that you are in this mess. At the same instant when you obtained legal title, any ... | |
| Liens included in ch 7 bkruptcy | 9/20/2006 |
| Q: We filed for CH 7 in April 2005, both person & included a small business that I owned. It was ... A: Have you read the "settlement" carefully? From what you have said, I'm guessing that the settlement ... | |
| Bankruptcy final in 1986 | 9/19/2006 |
| Q: After getting out the paperwork to my bankruptcy I filed in November of 1986 and the bankruptcy was ... A: I'm glad you checked on that. If you graduated in late 1980, then your first payment was probably ... | |
| Bankruptcy final in 1986 | 9/19/2006 |
| Q: I filed bankruptcy in 1985 finalizing in 1986. Included was an Illinois loan for beauty school. ... A: I'm afraid I might have some bad news for you, along with a suggestion on how to try and resolve ... | |
| judgement lein 4 yrs after bk discharge | 9/13/2006 |
| Q: This is coming up now because we are in the process of a re-finance on our home and the title ... A: Find out the name and phone number of the "Title Advisor" at the title company that your lender is ... | |
| surrendered car bank doesn't want | 9/10/2006 |
| Q: I surrendered a car in bankruptcy and the bank doesnt want it back because it isnt running. Wont ... A: You are legally responcible for the car. In some jurisdictions, you can be held responcible for ... | |
| Judgement Lien after Chapter 7 discharge | 9/7/2006 |
| Q: One of my credit cards placed a lien on my house. With a chapter 7 discharge, does that lien go ... A: The lien does not automatically go away. There is a proceedure that must be followed. If the case is ... | |
| divorce and bankruptcy | 9/5/2006 |
| Q: I am currently in divorce proceedings, we don't have any assets together (home, car, etc.), we do ... A: You can file your own individual bankruptcy case right now, on your own, (assuming you are otherwise ... | |
| Chapter 13 | 9/1/2006 |
| Q: We had filed a Chapter 13 bankruptcy around a year ago. We have found a lender that will refinance ... A: This can only be answered by a lawyer who has reviewed your entire case. If you simply quit making ... | |
| Credit card debt? | 9/1/2006 |
| Q: I've heard that even if your credit cards are declared in the bankruptcy, you still have to pay the ... A: False! If the court finds that you are eligible for relief, that your debts were incurred under ... | |
| Bankruptcy Credit Reporting Mortgage | 8/31/2006 |
| Q: We filed banruptcy (TX) and it has gone throught the court. We did not reafirm our mortgage but ... A: I am assuming that you filed before the law changed on 10/17/05. If so, the law did not require you ... | |
| Bankruptcy | 8/29/2006 |
| Q: In July of 2005, my husband and I filed for chapter 13. We have since requested a conversion to ... A: The new bankruptcy law effective October 17, 2005 provides for an 8 year rule. If your case was ... | |
| getting out of a ch 13 bkt | 8/25/2006 |
| Q: we filed a ch 13 bkt 1/2 years ago. it has been difficult to keep up the mortgage payment since the ... A: I would not want to suggest that without reviewing your case thoroughly. There might be danger in ... | |
| Hiding Assets and Money in Kansas | 8/24/2006 |
| Q: I know of a couple that are in the process of filing bankruptcy (chapter 7). He is doing numerous ... A: If the bankruptcy case has been filed, or as soon as it gets filed, you can notify the United States ... | |
| Tax refund & EIC | 8/21/2006 |
| Q: I filed my bankruptcy(ch 7) in MN last Oct. before the new laws took affect and it was discharged ... A: The trustee will probably agree to pro rate the refund, and let you keep a percentage of the money ... | |
| quitting a job | 8/17/2006 |
| Q: My husband hasn't worked in 4 years. He cooks, writes and plays music. I don't have a problem with ... A: You asked, " If you haven't worked and don't intend to, how is that fraud?" I didn't say that is ... | |
| quitting a job | 8/16/2006 |
| Q: my husband and I must file bankruptcy. He is a musician and also writes. Both of those translate ... A: The bankruptcy law examines all household income earned during six months prior to the month that ... | |
| Do i file Bankruptcy or not? | 8/15/2006 |
| Q: I currently live in Indiana. My husabd and I have a total amount of credit card debt of around ... A: To completely answer your question I would need extremely detailed information concerning your ... | |
| How to file amendment on debt not included in BK | 8/13/2006 |
| Q: I have been discharged from Ch.7 since November 2005. I recently got a letter from collection agency ... A: I suggest that you immediately inform them of the bankruptcy. The general rule provides that debts ... | |
| roomates and bankruptcy | 8/10/2006 |
| Q: I have a roomate and I am filing Chapter 13 in NC They are requiring her income, but not her ... A: The only reason I can think of is perhaps you have you given them some reason to believe that the ... | |
| Can I filed bankruptcy again | 8/8/2006 |
| Q: I filed bankruptcy back in March 2001 and now I'm being sued civilly by two big name brand companies ... A: A person is not eligible to discharge any debts under Chapter 7 until it has been more than eight ... | |
| Judgement lien | 8/7/2006 |
| Q: I filed for bankruptcy in 1997 and it was discharged in the same year. Prior to me fiing I recieved ... A: I encounter this a lot. When this comes up, I have had very good success talking to the title ... | |
| h | 8/6/2006 |
| Q: how strategic is credit repair? how expensive and how long does one ahve to pay for? is it worht ... A: The credit repair fixes you are describing sound very bogus to me. The world doesn't work that way. ... | |
| credit repair | 8/5/2006 |
| Q: How long does it take for respectable credit to be established after agreeing to repay delinquent ... A: I will answer what I can, and for advice that is too case-specific I will have to tell you to see an ... | |
| Tax returns | 7/30/2006 |
| Q: My husband and I are going to be filing chapter 7 bk pro se real soon. I know that we have to have ... A: After you file, mail a complete copy of your most recent state and Federal returns to the trustee, ... | |
| Lesbian partner's bankruptcy | 7/26/2006 |
| Q: We are a lesbian couple living in Ohio. We got married in Ontario, Canada, but are American ... A: There are no special provisions regarding gay couples and bankruptcy. If the vehicle is "exempt", ... | |
| Bankruptcy and rent | 7/11/2006 |
| Q: We are about to file for chapter 7 and rent an apartment on a month to month basis (we've requested ... A: The bankruptcy itself will not cause you to lose your apartment. In fact, I see no reason to inform ... | |
| Changing jobs in chapter 13 | 7/7/2006 |
| Q: Me and my wife filed a chapter 13 bankruptcy last october. Tis spring I was on unemployment for ... A: It may be possible to reduce your Plan paments, but there is no way to answer this without making a ... | |
| Chapter 7 or 13?? | 6/29/2006 |
| Q: My question is: I live in TN. I am a single mom w/3 depen.for tax purposes and I know I need to ... A: You have raised a very legitimate question, but there is just not enough information given. That's ... | |
| credit card 90 day rule | 6/29/2006 |
| Q: Will you explain the rules surrounding credit card use prior to filing chapter 7? The reason I ask ... A: I'm truly sorry to hear about your difficulties. The answer to your question is: Yes, and no. ... | |
| Student loans, divorce & bankruptcy | 6/27/2006 |
| Q: My bankruptcy was discharged in 6/2005. Per my divorce degree I'm supposed to pay my ex's student ... A: If your attorney seems unable to provide you with effective representation, then you better find ... | |
| Removal of Public Records | 6/19/2006 |
| Q: How or what can you do to remove a the fact that you have file for Banruptcy but it has been ... A: Bankruptcy will stay on your credit record for 10 years. If it has been more than 10 years, notify ... | |
| abandonment of property after bankruptcy | 5/31/2006 |
| Q: My husband and I filed bankruptcy in 2003 and discharged in 2003. My problem is that after we were ... A: Here are three ideas that may work. You can call the lender and offer them some money, maybe $50 to ... | |
| credit report | 5/25/2006 |
| Q: i am a resident of virginia who do i get the proper credit report from in the proper form? who ... A: Bankruptcy is an absolutely incredible legal remedy for people with debt trouble. It really can give ... | |
| Chapter 7 and Spouses Income | 5/15/2006 |
| Q: I am in Michigan and am looking at filing for Chapter 7. I would have a hard time passing the means ... A: The law is so new that we just don't have definitive court rulings on this yet. However, the "means ... | |
| home equity | 5/13/2006 |
| Q: I have a home in my name, my nieces name and her husbands name on title. They, however, are not on ... A: For the most part, it depends on where you live. The home equity you can keep when filing for ... | |
| bankruptcy | 5/4/2006 |
| Q: In February of this year I became ill and was forced to shut down my Ebay business. Currently I owe ... A: You are not alone in this. Many people find themselves in serious debt problems again, and luckily ... | |
| Mariage & Bankruptcy | 5/3/2006 |
| Q: I have acquired approx 25,000 in credit card debt. Some prior to getting married and some after. ... A: This is a popular question that many people ask. The short answer is you may file a single case by ... | |
Bankruptcy Law
Answers by Expert:
Los Angeles Bankruptcy Lawyer Leon D. Bayer
Top Expert on this page
Expertise
Leon Bayer has successfully represented clients in bankruptcy for over 30 years. He is frequently called upon by the media, the California Bar and other associations to provide insight and help educate attorneys on bankruptcy issues. You can learn the basics of local bankruptcy practice in Los Angeles from his Human Bankruptcy Guide at http://www.thebankruptcyguide.net/, follow his Los Angeles Bankruptcy Blog at http://bankruptcyblogger.org/category/bankruptcy-in-the-news/, and visit his Los Angeles Bankruptcy Lawyers/Attorneys web site at www.debt-relief-bankruptcy.com. Personal and small business bankruptcy. Mr. Bayer has successfully handled thousands of bankruptcy cases. You can view his personal web site at:
www.debt-relief-bankruptcy.com
You can view his personal blog site at:http://www.bankruptcyblogger.org/
and http://www.thebankruptcyguide.net/ If you or other readers want to keep up with my blog postings about life in and out of bankruptcy, you can follow my blog at http://www.bankruptcyblogger.org/ and my personal web site at http://www.debt-relief-bankruptcy.com and A Human Guide to Bankruptcy at http://www.thebankruptcyguide.net/Experience
Leon is a Certified Specialist in Bankruptcy Law by the State Bar of California, and has been a practicing Bankruptcy lawyer for 32 years.
Publications
Author, ?The Essentials Of Chapter 13,? Daily Journal Report, December 18, 1987.
Contributing Editor, Basic Bankruptcy, California Practice Handbook, Matthew Bender 1992, 1993.
CEB Consultant, CEB-Personal and Small Business Bankruptcy Practice in California, 2003.
Education/Credentials
B.A., J.D.
Awards and Honors
President, 1995-1996-Los Angeles Bankruptcy Forum; Member - Los Angeles County Bar Association Committee on Commercial Law & Bankruptcy, 1988. Law Advisory
Commission-Personal & Small Business Bankruptcy Law of the State Bar of California, 1996-2000
MR. BAYER SAYS: The big banks and credit card companys have been working overtime for many years to undermine the Consitutional right of the American people to be able to claim bankruptcy protection. In 2005 the banking lobby successfully convinced Congress and the President to make the laws and proceedures more complicated, hopeing that it will stymie legitimate people from filing bankruptcy. They succeeded in gaining these complex new legal proceedures by greasing the legislative system with hundreds of millions of dollars in "campaign contributions." The good news for the American people is that while the new laws have made the proceedures needlessly complex to the point where inexperienced people can't help but trip over the maze of new rules and regulations, the process is still doable, especially with a lawyer who is well trained and experienced in this specialty.
©2012 About.com, a part of The New York Times Company. All rights reserved.