Posts Tagged ‘bankruptcy filing’

When can we apply for a home loan?

My husband and I filed bankruptcy 3 years ago and have two years left until we’re discharged. I checked our credit report and FICO scores (his is 685 and mine is 620). Will we have to wait until we have been discharged to try and purchase a house? We already own a home, but with three children, we have grown out of our present home and desperately need a bigger one! My husband and I are in a MUCH better financial position now, the only thing is our bankruptcy filing (Ch. 13). Also, can we pay it off early by making double payments?

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What's going on with my bankruptcy lawyer?

I have given the guy my credit report and other paperwork to get the bankruptcy filing started. I gave him a deposit and will give him the rest when my student loan is deposited this week. He responded to my emails just fine until I sent him two regarding a judgment that had just been entered against me last week. He hasn’t responded to either one. I am concerned because I hear that my bank account can be frozen and I don’t want the creditor to get to my student loan money. Why do you think the lawyer will not respond to questions regarding this?
I don’t want the student loan discharged, the loan funds get deposited in my bank account and I don’t want the creditor in the judgment to get a hold of these funds because I use them for living expenses.

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If I include my mortgage in a Chapter 7 bankruptcy filing, how soon after will I need to vacate property?

If I include my mortgage in a Chapter 7 bankruptcy filing, how soon after filing will I have to vacate the property. The auction sale date for it is January 11th.

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Current civil case for injuries/money owed. What happens to the case if you file Bankruptcy during case?

I’m currently in a labor dispute civil lawsuit and there will probably be a judgment against our side since we don’t have the money to continue to defend ourselves for another year against their attornies on our own, despite having done nothing wrong, and we can’t afford an attorney.

5 related QUESTIONS if you would please take the time to number your answers the same (thanks):

1. Current civil case for injuries/money owed. What happens to the case if I file Bankruptcy during the case? For example, does it "end" the case, does the case get "suspended" while/until the b/k is processed? Or does the case just continue simultaneously with the b/k processing?

2. Do I "have" to wait til the END of the civil case until after the official judgment (the actual amount has not yet been stated)…or can I file the b/k and STILL INCLUDE the case on our list of creditors even though there’s no official number yet (something like "amount pending")?

3. Ideally, I’d like the b/k filing to STOP the case itself so that I don’t have to continue wasting our time fighting it when I don’t have the resources. We’ve heard:

"If they haven’t gotten judgment against you, then your bankruptcy filing can and will stop the case.” Is this true or is this possible? For example what happens to discovery and subpoenas? Do they just continue?

3. Also, if I file b/k, will the opposing counsel still continue the case?

4. Is there any ADVANTAGE to filing b/k before the amount is entered in the judgment?

5. Is there some law that allows us to tell the judge "we do not have the money to continue to defend ourselves"…without the opposing party just being awarded whatever amount they state by default?

Please number your answers. No smart allics or "just get an attorney dumbey" answers. We can’t afford an attorney.

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Ongoing Civil Case: Must file Bankruptcy…What's the best timing? now or after judgment? Thank you.?

I am currently being sued in civil court, and have no money for an attorney, the case has gone on for a year now in federal court, and have basically lost my business because of all the time I’ve put into defending myself from something I did not do, and am being "lawyered" to death by 6 lawyers. Because of all this, even if I "would easily win" if I could afford an attorney, I will have to file bankruptcy (chapter 7 for me).

Therefore, relating to an ONGOING CIVIL case and a need to file BANKRUPTCY, here’s my QUESTIONS if you would please use the same numbering system to answer them so I can keep track (thanks thanks thanks):

I would LOVE it if filing the bankruptcy would END the case so I could go on with my life, find another job, build another company etc. I read a lot of yahoo answers and one said “If they haven’t gotten judgment against you … then your bankruptcy filing can and will stop the case.”, but I need to be sure.

1) is there any ADVANTAGE to me in filing bankruptcy BEFORE the judgment (now is preferred so that I can go on with my life which has been destroyed)?…. and what will opposition do if they know I’ve filed for bankruptcy? Will they attempt to continue the case when they know the bankruptcy will go thru? If so, why would they continue the case?

2) Since I’m going to be filing In advance" of the judgement, can I "claim" the "injuries" they haven’t yet enumerated " …on my petition for bankruptcy? …or do I just “list the case” and say “amount pending”? THANKS.

I know about the "automatic stay" (keeps creditors (I currently have NONE and a perfect credit score I’ve worked hard to build all my life) from coming after you etc).

3) After I file for bankruptcy (I know it takes so many months to go thru), these additional related questions, thanks:

3a) what happens to the current civil case?
3b) what do i tell the judge? Do i have to tell the judge or just inform the other side?
3c) will i still have to finish the case (expected one more year of my life)?
3d) if we’re currently in discovery, will it / can it stop discovery / subpoenas etc?
3e) ….or…does it just “suspend” the case until the b/k procedings are over? …or does the case just continue on in real-time?

Thanks so much for answering all of these "sub-parts" to my ‘compound" question. :) They’re really important to my life and my families lives.
Ryan K,

That was totally useless. I can’t believe you actually answered 195 other people. You’re a joke.

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I need help understanding bankruptcy law with a partnership HELP?

In March 1988, Daniel E. Beren, John M. Elliot, and Edward, F. Mannino formed Walnut Street Four, a general partnership, to purchase and renovate an office building in Harrisburg, Pennsylvania. They borrowed more than 0,000 from Hamilton Bank to purchase the building and begin renovation. Disagreements among the partners arose when the renovation costs exceeded their estimates. When Beren was unable to obtain assistance from Elliot and Mannino regarding obtaining additional financing, the partnership quit paying its debts. Beren filed an involuntary petition to place the partnership into Chapter 7 Bankruptcy. The other partners objected to the bankruptcy filing. At the time of the filing, the partnership owed debts of more than 0,000 and had approximately 0 in the partnership bank account. Should the petition for involuntary bankruptcy be granted?

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wages garnished for lawsuits in 90 days prior to filing bankruptcy, how can i get it back?

i have filed bankruptcy in july, received my discharge in november, and now i am wondering how i go about getting the money back. it was listed as property claimed as exempt in the bankruptcy filing, and my lawyer told me that they would be able to protect it, since it was within 90 days of filing. my question is how do i go about doing so?

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i want to file for chapter 13 bankruptcy. i currently am financing a car. if i put my car in my bankruptcy, wi

i want to file for chapter 13 bankruptcy. i currently am financing a car. if i put my car in my bankruptcy, will i lose it?
i want to file for chapter 13 bankruptcy. i currently am financing a car. if i put my car in my bankruptcy filing, will i lose it? i want to include it because i simply can’t afford to pay it.

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Corporate Credit Cards – How to AVOID having one?

I filed for bankruptcy a few years ago & I have no intention of getting another one, especially for a company I will leave at the end of this year. My company is known to make you pay the balance yourself & then they reimburse you (usually 60 days later). I think this would be a bad idea since I doubt I could pay off the balance at the end of the month.

How do I gracefully get out of this delicate situation and find a solution that will not inconvenience them?

Summary
1) Bankruptcy filing makes high percentage rate & impossible to pay off in a month
2) I don’t plan to stay with the company long term
3) I have a convention I have to go to next week and I have to find a solution pronto!

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Should I secure a rental before filing bankruptcy?

I am going to file for bankruptcy, and I will not be keeping my home. Should I secure a rental before my credit is shot? Will it affect my bankruptcy filing?
I do qualify for bankruptcy, and I do have a bankruptcy attorney. I will be filing a chapter 13.

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