Bankruptcy/Debtor & Creditor

Chapter 13 Tax refunds and Inheritance

morehousem — Sun, 22 Nov 2009 14:14:55 GMT

After filing Chapter 13 are all tax returns for the five year period granted to the court?

Also I am the Exsecutor and Power of Attorney for my Mom's estate. She wants me to become the Trustee of her finances. Can the court take my Mother's accounts if I am her trustee. In the event of her passing after the case is discharged will the court take any monies I inherit?

I need copies of STBX bankruptcy.

uneducated in divorce law — Sun, 22 Nov 2009 00:33:24 GMT

Are bankruptcy public information? I need to know if my stbx filed, as the rumor I hear , I dont want to fight for him to refiance the home to pay me my share if he cant qualify to do so, how do I get a copy of his bankruptcy papers? thanks for your help.

Chapter 7 question (Illinois)

headtiger — Sat, 21 Nov 2009 14:30:03 GMT

My mother recently passed away and left me her pension/401k benefits. I deposited it in my checking account and asked my lawer what I should do. He told me to spend it but my wife is pregnant and has medical issues so we are anticipating on using it for her leave from work. My question is what is the maximum amount I can have in checking/savings without it getting taken. The current amount is 13k

Court Summons in attempt to collect a debt

Charles R — Tue, 17 Nov 2009 14:39:02 GMT

About 8 days ago I received a court summons to respond to a filing against me by an attorney representing a creditor. My first question is it ok to contact this attorney? My second question is the summons requires I respond in writing within 20 days. I understand it's not smart at this point to admit any guilt. A copy of a notorized copy of the debt was delivered with the summons signed by the creditor. I am attempting to get a local attorney but I fear I may not have that complete by the time the 20 days is up and I have no idea how to appropriately respond to the summons in writing. Thank you in advance for you time.

Credit score

Keebler Elf — Tue, 17 Nov 2009 07:41:56 GMT

I am asking this question about my husband's credit. In June 2004 my husband's ex wife went on state welfare in Oregon. Oregon than sent a wage garnishment to my husband stating he was 3 years behind on support. We had not known what state she lived in therefore could not pay support. With the wage garnishment child support also put the debt owed on his credit account. They were taking monthly payments as well as a small amount to back support. Every month they would show on his credit that he was 120 days past due since he had not paid arrears in full. They also took our tax return for 3 years. We finally paid off arrears and now just owe the current support. The problem is the child support for Oregon is still listed on his credit and it is showing those 3 years it took to pay off arrears as 120 days past due by 36 months. Is there a way to get this off his credit? It is really pulling his credit down I would assume.

Can husband be responsible for my debts?

Keebler Elf — Tue, 17 Nov 2009 07:35:00 GMT

I had accquired 3 credit cards in my name without listing my husband's name or counting his income. I lost my job and have no way to make the payments on the cards. I have offered $50 dollars a month on each one but they want at least a $100 or they wont make an arrangement with me. Now they are threatening me that they will go after my husband's job for a wage garnishment. We just barely make it on his pay. Can they legally take his pay for my debts? We live in Missouri.

sole proprietorship vs residency requirements chpt. 7

freelancer57 — Mon, 16 Nov 2009 19:45:30 GMT

i've read several dozen posts and can't find an answer to my situation. My situation is thus: my sole proprietorship has been registered in Illinois since 2001 and has NOT changed address. I however lived in California for past 2 years, having returned 2 weeks ago (Nov.1) because I ran out of money and several clients are still late in their payments to me. (still owed $5300)

The law states I must be a resident of the state I'm filing in for not less than 91 days. I've already NOT payed November's credit card bills (total $1400 per month) because i only have $1700 in the bank. I have no other assets so I must file chpt. 7. (business has dropped off by half so I'm only pulling in around $1200 / month income and that's before I pay rent etc)

Do I have to wait until the full 91 days before filing, or, since the law sees me and my sole-proprietorship as the same entity, can I file sooner since the business never moved? (I only filed fed and illinois taxes in 2008 and will do same for 2009, so i never paid California tax since my business is registered in Illinois).

Thank you for any answers.

Bankrupcy issue in CT and a lot of questions please help.

Shakyamuni — Mon, 16 Nov 2009 11:05:29 GMT

I'm sorry I wasn't exactly sure where to post.

First of all Hello. I don't really think this counts as my personal problem...but, I'd really like to learn more. My name's Carmella, I'm 19, my parents have been struggling with debt for a while now, and my mother's car just got repossessed tonight, sometime around 1:30AM or so. I've been looking around the internet for...information and ways to possibly get the car back.

Now, I know creditors send out a letter saying they will repossess your car. I don't exactly know how it works, I think you either get 15 days AFTER the letter to file for bankrupcy or pay in 80% of what you owe on the car, or 15 days AFTER it gets repossessed. I also know that in connecticut, state law with vehicle repossessions state that you have the right to a peaceful repossession, and that the police are notifiyed after it gets repossed.

I did suggest they call 911, but, they wanted to wait till the morning to call their laywer who said he would call the company on Monday morning. Here is where I run into red tape. We have a private driveway, and they took the car without our permission, I believe they need permission to take it in a peaceful repossession. I'm not too sure, it is the REPO guy after all...I don't know if that means you get the car back, or not. Probably not knowing my luck of the draw.

Is there any way to get back the car? I know we already got the letter some time ago...and we didn't have the money to pay 80%. I don't know what the laywer has been figuring out so far. I'm a little bit out of the loop. I'm just 19, and I guess this is where...treated like a child comes in? But! I'd really like some answers. I'm desperate.

Thank you.

Chapter 7 Bankruptcy question (Minnesota)

leskefamily — Sat, 14 Nov 2009 00:17:20 GMT

I am considering filing for chapter 7 bankruptcy in Minnesota. I am married but separated all the bills are in my name and am having a very difficult time keeping up with the bills. My spouse has never filed taxes, I have always filed my own taxes (married filing separately) my question is since my spouse has never filed will I be able to file bankruptcy for myself.

Also, I have a vehicle in my name that originally cost around $12,000 and still currently owe about $11,000 on the vehicle which I do not wish to include in the bankruptcy. I am wondering if I will be able to keep the vehicle if I am able to continue making payments. If I keep up on the payments I will not be able to stay current with the other bills or if I stay current on the other bills I will not be able to make the payments on the vehicle.

One more question.....is there a income cutoff or is there a debt to income ratio to file?

What constitutes "undue hardship" regarding student loans?

debtfree2010 — Sat, 07 Nov 2009 23:48:33 GMT

Hello,

I am intending to file Chapter 7 bankruptcy ASAP. Can anyone tell me how it is determined that repayment of student loans would cause "undue hardship" to the debtor? I have never filed for bankruptcy before and have been unable to return to work for over a year. I am hoping to have my student loans discharged with my other debts when I file bankruptcy, and I do have (what I believe to be) mitigating circumstances. &n...

Has anyone had experience with student loan forgiveness through bankruptcy proceedings, or know what the bankruptcy courts consider to be "undue hardship" regarding the repayment of one's student loans? Can anyone advise me on how to find a good lawyer with experience in this kind of bankruptcy request?

A College grad with un-secured debt, living in the UK, needs

Elim125 — Thu, 12 Nov 2009 19:43:06 GMT

Normal 0 MicrosoftInternetExplo...

I’ve been living in the UK for five years now, but I owe loads of money to a private lender in America. My debt is un-secured and therefore I’m considering chapter 7 bankruptcy.

Can I file for bankruptcy whilst living here in the UK, or do I have to settle this by moving back to America? Can anyone out there either refer me to someone that can answer my question, or answer it directly?

Many thanks,

Elim125

Advice on credit card debt judgment

Jazersprat — Tue, 10 Nov 2009 20:01:42 GMT

In September, 2008 [a bank] brought civil suit against me to collect on a debt in the sum total amount of $5684.12 plus attorney fees, court costs, etc. The Trial date was scheduled for November 14, 2008.

On or about October 14, 2008, the lawyer representing [the bank] and myself came to an agreement by telephone (legal term was Consent Judgment) on how to repay the debt. I made an initial payment $657.00x2=$1314 in October and the agreement was that there would be 24 equal payment of 238.76 starting in November 2008. The attorney's office was authorized to deduct the payment from my checking account on the 15th. They sent this to me in writing, which I signed and returned to them on November 10, 2008 via certified mail.

On Novemerb 17, 2008 the court entered a default judgment against me and sent me a copy of the judgment. The judge had not been made aware of the Consent Judgment, until the lawyer filed a motion on November 25, 2009 to have the Consent Judgment entered.

Until August, 2009, the payment got deducted on the 15^th like clockwork. In September, no payment was deducted, so I called the lawyer’s office on September 19, 2009. When I asked to speak to someone about my case, I was forwarded to a voice message, and they gave me a 1-800 number.

When I called the 1-800 number, I was told by the representative that they were in the process of pulling back all their account from the law office I was dealing with, and I would receive a letter of where to send payments going forward. I waited the rest of September, and then called again in early October. Again, I got the same response, that I should wait for the letter.

October 15^th passed, and still no deduction or letter. At this point I was really worried, because the law office wouldn’t even talk to me about the case, just give me the [bank's]number.

Finally, on October 29, 2009, I wrote and mailed a certified letter with return receipt to the Law office that I signed the consent agreement with. I wrote out this whole story. I included a check for the 3 months payment including upcoming November. I told them to get this payment to their client because they were the attorney of record and then provide me information on where to send the payments too going forward.

I forwarded a copy of this letter to the Clerk for the court where the judgment was entered. The letter was received by the law office on November 5, 2009. So far I have not heard a response from them.

Yesterday, in the mail I got a letter from a Law Office claiming that the account had been transferred to them. No mention of where to send payments, not mention of what to do with the 3 payments that were missed. I just got a form letter advising me of my rights.

My question is can I file a motion with the court to have the judgment vacated, especially since the attorney of record has been so non-responsive. I have no idea who these new lawyers are, and frankly I am a little annoyed that they are treating me like this. I followed through on my part of the agreement and frankly I feel the lawyer is the one that has not kept up their end.

The only reason we had this case brought forward was because my husband lost his job and I am studying full-time as a student. We managed to get our other debts on a debt management plan. This account was the only one that refused to work with [us]. Since we didn’t have any money to hire a lawyer at the time, I thought it best to try to work something out with the lawyer, and I honestly thought we had a good arraignment.

Does anyone have some sound legal advice on this matter? I really don’t even know what type of lawyer would take up this fight. I only have $1900 or so left on the debt, and I can afford to pay it all off, but I really want to get the judgment removed if possible. I am an accounting student and I rather not have this be an issue when I start looking for work after I graduate in spring, 2010.

Legal right to negotiate debt lowered

hotoi1 — Tue, 10 Nov 2009 16:04:44 GMT

Hello everybody

Is there a federal law that exist, let consumers negotiate their debts lowered. Do anybody know US code numbers to search for it.

Is personal bankrupcy an option?

cvm — Mon, 09 Nov 2009 04:18:40 GMT

My spouse and I have been separated for a couple months with no sign of getting back together. When he left he promised to pay our mortgage. The mortgage has not been paid for the past three months. He makes the most money. I have a part time job (looking for full time but difficult in this economy) that barely feeds me and our two year old daughter. I have received a demand letter from the mortgage company with the intent to foreclose letter certainly on the way. Since I am the one in the house with little means of support is personal bankruptcy an option? I have absolutely no way of paying the mortgage.

Should my spouse consider individual chapter 7 bankruptcy

Roller62 — Fri, 06 Nov 2009 21:30:22 GMT

My wife is in default on credit cards in her name, which she obtained and used without my knowledge. Pertinent info: Total owed is about $16K. Purchases were for her alone and did not benefit me. We live in Louisana (community property). My salary is our only income and covers not much more than our normal living expenses. Debt collectors are contacting me with the usual spiels about how I need to help. I cannot afford to pay off her debts. What is the feasibility/pitfalls of her filing bankruptcy individually to eliminate the debts in her name and protect me and/or community property from legal action?

chapter 7 bankruptcy in arkansas

shay5607 — Fri, 06 Nov 2009 21:56:16 GMT

i heard from a friend that after u file bankruptcy that you can fill a form out to remove it from your credit report thank you is this possible to do?

Question regarding Bankruptcy

Dovely — Fri, 06 Nov 2009 19:24:00 GMT

I am going to be filing for Bankruptcy in PA, most likely after the holidays. I am only 1 month behind on my mortgage, and not really behind on my other bills, but I owe a significant amount due to being laid off from Feb 09 thru Oct 09. I have a job now, but am making a lot less money, so I just can't keep up. My question is do I have to be behind on my bills to be able to file bankruptcy? My plan is to wipe the slate clean and start renting until my daughter graduates HS in 3 yrs, then move back to MD where I'm originally from.

Also, the only thing I'm really worried about keeping is my Jeep. I have two vehicles. A 06 Corolla that I owe 7900 on and my 02 Jeep Wrangler that I owe 3800 on. Are they going to let me keep both vehicles, just one? Will I get to choose which one to keep?

Also, any recommendations for a Bankruptcy lawyer in PA would be great.

Thanks

Debt collection

Joane — Fri, 06 Nov 2009 18:19:04 GMT

Hi,

We have a small business in Seattle. We provided a service to an attorney at her home in July of 2007 and have not received payment to date. I have sent repeated overdue letters to her at her home and office. We have called her repeatedly to remind her of her obligation to pay and she is now blocking our calls through her assistant. I left a letter on her doorstep recently because she refused to respond. She responded to this by telling us that she was going to sue us for harassment. What is the Washington State statute on first party debt collection? Can she sue us for harassment? She has called us to tell us that she knows that she owes this debt but has not sent payment.

bankruptcy - state of hawaii

Moofylou — Thu, 05 Nov 2009 00:34:15 GMT

I am considering filing for bankruptcy - I have collectively between me and my husband close to $50k in credit card debt. We live in our house - balance due on mortgage is $350,000 - we want to continue living in our house and do not want to jeopardize&nbs... equity in the house - we bought for 720k about 8 years ago. Will we loose our house or risk the mortgage holder demanding payment if we file? I also have student loans that I would like to pay off - I read that student loans and mortgages for primary residence is not affected as long as we continue paying - can you verify this?

Secondly - we have started a new business - set up as an LLC in the state of Hawaii - we do not want our personal filing to affect our business. Can you tell me if this will be affected?

thanks in advance for your assistance

california bankrupcy

blueyedcindy — Sat, 31 Oct 2009 19:10:11 GMT

can you file on back taxes owed or when they say that you owe can you file on the irs..And if you can can they then take any taxes you recieve in a later year

House in my name, loan in my parents name

Katlady1968 — Tue, 27 Oct 2009 17:02:18 GMT

I recently had a home foreclosed on, so I had to move. I found a small house and my parents got a loan and gave me the money to buy it. I make the payment on the loan to my parents. If I file bankruptcy in the state of michigan. Can I list my parents as a creditor and reaffirm the loan. Because the property is deeded in my name with no mortgage can this hurt me?

income from a loan

jpv — Sat, 31 Oct 2009 18:15:54 GMT

I transferred ownership of stock to a family member in 2002. He pays me installments on that transfer. How does the trustee or court view that income. Is it viewed as an asset or just another source of income?

I'm getting ready to file for bankruptcy...need some help

will206 — Fri, 30 Oct 2009 21:58:10 GMT

Ok so I got a email from HR yesterday telling me that I would be garnished 25% of my checks for a car loan I had so in order to stop them from garnishing my checks I am going to just file for bankruptcy. I am in $16,000 in dept anyways most of that is medical bills and there is no way I can afford to work something out with them as far as a payment plan I am already paying my lawyer $6,600 for him to help me with some other legal issues so I just am like F##K it feel like I should just file for chapter 7 and stop them from garnishing my checks...so I guess my question is, will chapter 7 stop them from garnishing my checks I owe $6,000 for a car loan I don't have the car no more I told them to come pick it up a long time ago...and I don't understand how they expect me to pay for something I don't have no more I would understand if I had the car still but I don't....

Judgement/Lien

MAnderson — Mon, 26 Oct 2009 18:19:07 GMT

A credit card company got a judgement against me in 2003. A month later, I filed for Chapter 13. The cc debt was included. I completed the plan in Dec 2006. The judgement is still showing on my credit report. I applied to refinanance my home (which I owned prior to the 13) and found a lien on my property from the credit card company. Since the debt was discharged, shouldn't the lien and the judgement also be removed?

Credit company abuse

Michelle Lena — Mon, 26 Oct 2009 13:04:41 GMT

Why are credit companies aloud to close your account with out regard, even though you missed no payments and were Never late on any accoun EVER ? The ony thing I did wrong was be responsible and payed my debt off in a timely mannor. Now other companies have frozen my available credit because of their actions. Now they have severely damaged my credit and FICO -Becon score. Is there any thing I can do?