I want to get this Harley Davidson on a payment plan, but also to rebuild my credit rating. Can I go out now right after my recent Chapter 7 discharge of Debts and purchase this motorcycle. Will I get into any trouble with the Court, trustee or the creditors. Am I allowed to do this or I have to wait a while before I make any major purchases.
I have never done this before but there is no way I will ever be able to pay the credit card debt that I got myself into when I turned 18. Do they still do chapter 7’s????
Hi,
I graduated from law school in 2001 and practiced mainly personal injury law for a while in a small firm, which I never cared for. I was wondering if there were any lawyers out there who practice bankruptcy who could tell me how difficult it would be to have a solo bankruptcy practice and how I might go about doing this. First, is this the kind of think that I could figure out with form books and software or should I work in a firm first? Any good book/material recommmendations would be greatly appreciated. Also, could I mainly do Chapter 7’s or do I really need to do all kinds to stay afloat? Any helpful info by experienced bankruptcy lawyers would be greatly appreciated! I’m licensed in Minnesota, if that helps you in your answer.
Thanks!!!!
i had ,000 credit card debt and ,000 medical bills. They were unsecured debts and i filed chapter 7 protection. Now who will cover my ,000 bills? will BOFA, citi, wells fargo etc etc write it as loss or will they increase interest rates on those who pay bills on time or will government give them bail out?
Also my ,000 emergency surgery bill — who will pay that now? hospital depends on patient bill payment to pay the employees. Does that mean some employees will be laid off because i didn’t pay?
The bankruptcy lawyer wasn’t interested in answering such questions
We filed for BK in Feb. 2009, discharged in August from Chapter 7. We are in the process of cleaning up our credit bureaus and are trying to get accurate info as to when reporting of late payments should stop. We were under the impression that a Bankruptcy stay went into effect upon filing, and creditors were unable to try to collect or report any more late payments beyond the filing date. Equifax corrected everything, but Experian is telling us that they can report late pays until the date of discharge. I haven’t yet talked to Trans Union.
Does anybody know what the law says about this? Can they legally report late payments between the filing date, and the date of discharge?
Any advice is greatly appreciated.
I purchased a bike at a Honda dealership and they had me apply for a Honda card. I recently filed bankruptcy and all of a sudden a lien has been placed on the title. It is like a JC Penny’s card yet they put a lien on my title? My wife called the DMV a month ago and there was no lien. I used to be in the insurance business and normally they would have required me to carry full coverage but I was only required to carry liability. The DMV said that they assumed that Honda (GE Money Bank) had the lien all along but that isn’t true. I lost the title but when I bought the bike it HAD NO LIEN. It seems the GE is breaking the law. Heck, with the interest I paid for 5 years I already should have owned the bike. My Chapter 7 court is in a few days. What can I do? I fell like they have done something illegal and that the whole "card" thing was to get me to pay higher interest than Arkansas allows. I need this bike for transportation.
The only way a chapter 13 will work is if this debt is discharged and the lien removed. Chapter 7 is not an option. Two Bankruptcy attorney’s have told me to different things I need a clear answer about the lien only.
A few years ago I settled a debt with a credit card company and I had to claim the part of the debt that was forgiven as income. Now here it is about 8 years later and I am having to file chapter 7, with all the K in unsecured debt that I have, will I have to claim this as income too?
I’m in the process of filing a chapter 7 and my attorney’s office is still working out the details. It’s a real fresh start; my son and I moved in with my family, we’re letting the house go as part of the CH7, etc.
Unfortunately, the attorney has yet to actually file the CH7 on my behalf. I work 8-5, Monday-Friday, and I just started this (well-paying) job so I have no business asking for time off.
The mess comes from Citifinancial, who has involved their attorneys in collection of an old debt. You know, the kind where when you tell them you’re having trouble paying, they "help" you by telling you that you have to refinance the debt, borrowing more, and won’t work with you otherwise. The debt is 6 months from clearing statute of limitations on collections, so they filed suit.
On the 8th, I have a court date right in the middle of my work schedule. The attorney’s office said they couldn’t file my CH7 until a week after, but said "we always advise our clients that it’s better to stay at work and make money, than to lose more by going to court when you’re going to have a judgment against you either way. " They then said it would take 45-60 days for me to see any ill effects from the garnishment, and by then, I’d be within the automatic stay period anyway. I was advised to simply wait for them to contact me next Monday to obtain anything missing from what I gave them as far as information is concerned.
This makes sense to me, but I feel a disturbance in the force. Can they instigate a garnishment at the very same time they obtain the judgment? I’m in TN and can’t find anything to satisfactorily answer this, though it seems "implied" that they must first attempt to collect from me under the judgment before they can attempt to garnish, whether I show up or not. I know I should empty any bank accounts (indeed, perhaps close them) before the judgment goes into place, but do I need to go to the civil court date anyway, if the next week my automatic stay would begin?
I’m very confused as to what I should be doing.
To clarify: I contacted the attorney and reached the paralegals, but have been unable to reach the attorney. The paralegals are the ones who guided me on these most recent steps.
I just noticed on my summons, there was no notation as to the proper window in which I must "Answer". This is supposed to be there, and I was served exactly 30 days before the court date. Can I submit an "Answer" citing that due to the lack of definition by the Plaintiff on the summons (which was authored by the plaintiff and signed off on by the court), that in addition to being unable to attend on that date and needing to reschedule, that the Plaintiff intentionally evaded my rights to respond in order to attempt forcing a default judgment?
there is a medical LLC that is filling chapter 7 can you tell me the benefits of this move. and are ther any real negative implications afterwards? to me it seems like people/companies can file for chapter 7 and than start a new business doing the same old thing and not get into any real trouble. is this true?
My husband and I realize the only way out is Chapter 7. We have struggled to pay off our debt, but due to circumstances we just got more and more behind on necessities for our family of 4, not to mention my husband also has a son he pays child support on. We are well below the median income level for our family size and desperately need our tax return to get caught up on needs for our family and home (clothes, car repairs, minor home repairs etc,) and also ensure we don’t get behind again in case of an emergency (like pay an extra 2 months worth of rent or pay extra on utilities etc.) We aren’t trying to cheat or lie about our tax return when we file bankruptcy, nor are we planning on using it for anything other then needs of our family with the exception of maybe a couple hundred to take our kids to a large aquarium they have been dying to go to. We will likely get our tax return at the end of next month and wonder how long we should wait if possible to file for Chapter 7? We are speaking with an attorney, but this isn’t exactly something they will tell you about and so forth. We are in California.
Oh, we know about counseling, but we very much doubt they would NOT think we don’t have to file, more like they will wonder why we waited this long.
I’ll make this quick. Do to some circumstances my wife and I fell behind on our mortgage. Our lender is countrywide. We have a 100% financed sub-prime loan with an 80/20 ARM and prepayment penalty. (A piece of trash loan I know, we know better now) Also there is another Lender…Franklin Credit which makes up the 20…We filed for bankruptcy in 2006 and have been making payments for two years now…due to the economy and a few unfortunate illnesses we were not able to stay current on our chapter 13 payments…so there was a motion filed by our trustee to close the bankruptcy unless we could become current by a certain time…..
When we contacted our lawyer he told us that we had three options…
1.bring the payments current(9,000.00) of course we don’t have that…
2.Let the bankruptcy go and hang on until foreclosure on our house starts then try to start another chapter 13….
3.Modify our current bankruptcy and pay them a fee to file this motion…go get chastised by a judge…and make our payments higher.
Oh I guess there were four options…4.convert to chapter 7….
At the time the bankruptcy was initiated there were no problems in making the payments….but then the bottom fell out…I am in transportation….my overtime was cut to 0….my wife has had a significant reduction in hours and I had a surgery that kept me out of work for two months…all of this has led to the fall behind…..
Ok so I have two questions relating to this situation…..
1. Can/Should I try to refinance the loans during the bankruptcy…The mortgage payments are made through the trustee….but we still get statements from countrywide….our current statement is 3000.00 a month UNBELIEVABLE…..If we can’t refinance there is no way we can afford this ridiculous arm after the bankruptcy…
2.Will president Obamas new plan help us during bankruptcy…we don’t know what to do…stay here pumping money into bk13 that was primarily done to save our home that we may not be able to keep after the bk….or convert to chapter 7…let it all go…uproot our family and start over…or possibly get some help from Obamas new plan.
We need guidance…we are good people with good jobs…good family…and good morals…we were admittantly irresponsible in money management…we own our part and we have drastically changed our lifestyle….but we were also taken advantage of as first time homebuyers so we want them to own thier part as well….
Please anyone who can give advice on my situtaion would be greatly appreciated…please don’t soilicit us…we are in trouble…our family is in trouble as many others…we need good soild,honest advice to get back on track…..Thank You.
I filed for a chapter 7 five years ago and I was wonder how long I had to wait if I wanted to file again?
What will happen after I meet with an attorneyto file chapter 7. How long does the process take.
After three years of trying to avoid bankruptcy, it looks like my wife and I need to do it. Our combined gross income appears to be over the chapter 7 K limit because I had a lot of overtime this summer. Now that I’m down to 40 hours or less, there is no way to meet our payments. Chapter 13 is so expensive itself, it doesn’t look like a real option. What else can we do?
I’m an unemployed teacher and have just lost my car (my only asset) and am representing myself in my bankruptcy. My combined debts (assuming I’ll still owe about ,000 on my car once it sells at an auction) is approximately ,000. I do not have a savings and no longer have retirement accounts because I had to cash them out to cover living expenses. Twelve years ago I had to file bankruptcy and am concerned about how that will look to the judge. I worked to earn my college degree since then and was doing well when suddenly I found myself without a job. Any thoughts on that? My debts back then were fully discharged, and I’m hoping to file a Chapter 7 for another discharge of my debts. Here are some of my questions, any input would be appreciated:
1) Is there any kind of assistance available for people who cannot afford the filing fee?
2) Once I file, how long can I expect for the court date?
3) Does the online bankruptcy class that is required cost anything?
4) Can my 0 debt to the IRS (back taxes) be included or just the interest and penalties?
5) Any suggestions for someone doing this without an attorney?
I’ve done my research and am actively seeking answers to my questions, but there are some very informed and helpful people on this site, so for peace of mind I really welcome your input.
Thank you!
Are there any lawyers out there who practice bankruptcy who could tell me how difficult it would be to start a solo bankruptcy practice and how I might go about doing this. First, is this the kind of think that I could figure out with form books and software or should I work in a firm first? Also, could I mainly do Chapter 7’s or do I really need to do all kinds to stay afloat? Any helpful info by experienced bankruptcy lawyers would be greatly appreciated! I’m licensed in Mississippi if that helps.
I filed for Chapter 7 in Oct 07, and got the discharge in Jan 08. In the chapter 7 I chose to just turn the house over to the bank. Now, the bank is going thru foreclosure. Am I obligated to pay the property tax? How do I respond to the foreclosure to avoid paying, since I already moved out and decided to give up the house?
My bankruptcy attorney was very quick to get my paper work in for chapter 13 and said that I wasn’t eligible for chapter 7. I have over 56k in debt and I was the only one filing not my husband. I paid the plan payment of 0.00 a month since April. In October I still was not confirmed and they wanted me to pay 30. a month for the plan payment. If I could afford to pay 30.00 a month then I really didn’t need to claim bankruptcy right? Now because I can’t afford the plan payment they will have to dismiss my case. I will still have to pay the attorney’s fees and 10% to the Chapter 13 Trustee’s. Then I will get back my money that I put into the plan payment. I was never late on my mortgage but because I went to find out about claiming bankruptcy they told me not to pay my mortgage that it would be part of the plan payment.
My buddy has ,000 in a tax return coming to him. He says he owes over ,000 in credit cards and will be filing a Chapter 7 because he has been unable to find work for some time. Is there a way he can invest/protect this ,000 so it isn’t taken? He said he wants to put it in something like edvest(?) or another thing for his kids college, can he do that or is there something else he can do to protect the return?
For the responders, Yes, I have told him NOT to file but to try to work it out with creditors instead.