Is selling and then leasing back my home that has no mortgage owed a good idea when filing for bankruptcy? I would be financing the home. And then renting it in order to keep my place of residence. Can they take your furniture and everything in the home to pay back the creditors?
My girlfriend and her husband are considering on filing Bankruptcy, but wanted to know exactly how it appears on their credit report? He already has a Foreclosure, Repossesion and countless of other delinquencies.Anyway, when he files for Chapter 7 will all those deliquent accounts be removed and the only thing appears on the report would be BANKRUPTCY or will it still reflect those creditors in addition to Bankruptcy? I think it would but that’s just my guess anyway if anyone here has filed and saw how it’s reflecting on their report, please reply.
Im looking for a bankruptcy lawyer in Phoenix AZ. I need help filing for chapter 7 bankruptcy. I’m looking for a payment plan to satisfy my creditors because im getting harrassed for late payments.
I filed for bankruptcy Jan 2005. Credit card company "wrote off" the debt Jan 2005. I thought it was included with my bankruptcy, but when I check my credit report, it claims I still have the debt, it’s just written off. To be specific, my credit report states that I still have this amount from the one creditor as "revolving debt". Shouldn’t it state that it was included in Chapter 7 like all of the other creditors state? Any help would be wonderful. I just want to know if I have something valid to dispute.
I already filed chp 7 and went to my creditors meeting june 15. I am giving up my house. When do I need to be out by. My bankruptcy discharge should be aug 15. do I need to start packing and find a place to live? should I drop my insurance on my house?
My husband and I want to start the process of buying a house but we’re afraid that his bad credit will ruin our chances. We recently got married within the year and I have a credit score of 672 and his is probably really bad. He had a lot of debt (about ,000+) from when he was 18 and stupid but now he’s 30. He never paid back a single dime and they just stopped calling. So, I’m guessing the creditors wrote it off after so long but I do know that it’s still an unpaid debt on his credit report. And I know that’s horrible. I’m a stay at home mom right now so I have no income, we live solely on his income, which is a pretty decent amount. I guess I have a couple questions. Should he file bankruptcy? If not, what would you suggest? And, would anybody give us a mortgage with his bad credit? Would they include my credit in the mortgage? Would it help?
I filed ch. 7 bankruptcy a few months back and today it has been discharged but one or two of my creditors are still calling me and saying they are going to take me to jail and file criminal charges against me. They are not allowed to file charges anymore after it is discharged right? Please Help and Thanks.
My husband and I have decided to file bankruptcy. We are in the process of getting all of the account numbers from the creditors that we owe, however when we called one today they would not cooperate with my husband. They said they would only give the information to our attorney. N they also said that since we have no money to pay them they will persue legal action. We have been doing research regarding bankruptcy and read that once we file bankruptcy that none of the creditors will be able to contact us anymore and if legal action was taken towards us then it would have to stop? Is this correct? We told the lady that is fine we are filing bankruptcy but she said that will not protect us if they file legal action first. Should we have done soemthing differently? My husband started to call creditors and everytime we ask for an account number or address they always want to know why. He would tell them that we were filling bankruptcy. We are going to meet with an attorney today.
I had a 3 year lease, my landlord lived out-of-state, he stopped paying the mortgage on the house I rented, used my rent money to pay on his home in TX and filed for bankruptcy when the IL house I was renting went into foreclosure.
I sent him notice that I was moving out in 45 days when I found out he was losing the house. I was current with rent, left the house immaculate (took pics, videos, and a statement from this real estate agent that I left the home in beautiful condition).
He agreed in writing to my move-out date, and also put in writing that HE broke our lease. I did not pay him the last month’s rent (00) because he owed me the 00 security deposit and another 5 in lawncare expenses and some smaller maintenance expenses (I have that in writing from him, too). As he had filed BK I did not feel he would pay me those monies which I why I did not pay the last month’s rent.
LOOOONG story short, he sued me for the last month’s rent, added on another 00 for the 5 days extra I took to finish moving out (he was not offering the home to rent to anyone else, no one was viewing the home – he lost no money as a result of those 5 days).
The day of court, I showed up with my attorney, all my paperwork, receipts, etc and my landlord did not show up but his attorney did. 11 months later I missed a follow-up court date as I was NEVER served or sent notice of the appearance and of course, a default judgment was made, plus fees for his attorney and court costs.
Sorry, long-winded – but here is my question: Can I sue the landlord for return of my security deposit, the lawncare service fees, etc – all the things I have in writing that he owes me? The attorney I had initially hired cost me 0 to show up in court the day my landlord did not. As he already filed for bankruptcy, if I won, he would have to pay me, correct? He is working – I know what company he is now at.
I am in IL and he is in TX which I understand has some kind of homestead rule where creditors cannot put liens on property or garnishee paychecks.
Thank you for advice!
Thank you both very much for replying.
The ex landlord filed his BK over a year ago, so I would think it would be completed by now. I figured anything he gets sued for after it is discharged, he would need to pay? I am certain the money he owed me was not included in his filing – I was never contacted by the court as a creditor.
I do not have funds right now to pay my attorney additional money (got laid off a few months back). So…no money for him – no help from him.
Regarding my getting served about the second court date – no I did not move. When I called the landlord’s attorney, he stated he sent me a notice via regular mail to my correct address. Did not get it. I am working on getting the judgment set aside, but as I found out about the default judgment more than 30 days after the fact, this is a bit difficult.
You are good folks for helping me out – thanks!
I bought my home in 2006 and put down $ 100k, yes its 20% down for a $ 500k house. I have put in another $ 50k in upgrades and remodel. Fast forward to 2009, laid off, no income I resort to using my credit card to pay my mortgage while my house was being listed by my realtor. 6 months went by, then a year, the house remained unsold. I’m up to my limit in credit card debt, thinking to sell the house for $ 350k, which will give me approx. $ 50k to pay my credit cards. Year and a half later, house is in foreclosure; credit card at max limit. No job, no car (sold it to pay credit card debt), ..and now living like a deadbeat.
Credit card companies still call and say "hello". Same story told to them over and over, no income, no job, no money etc. They "understand". Then they sell the debt to collection agency, same thing again. I told them my story..and they don’t care. "When are you gona pay?" I say with what? I can sell my t-shirt and underwear, but that might be worth 25 cents. What good will it do? So now, they are suing me in court. Went there and told the same story…judgment for the plaintiff. Okay, now they want to garnish my wage…but I don’t got no job. They want to freeze my bank acct…I have none. They want to..probably kick my ass..that they can definitely do..but that would hurt them, because if I get hurt and sue, they probably owe me money.
So here is my dilema, should I file Bankruptcy ..as there are other creditor waiting in line to sue me. Or should I go to court and and plea guilty but have no way to pay?
Yeah, I know..I’m a deadbeat, but I don’t blame my misfortune on no one except myself. Lost my life savings and people are laughing at me. What a cruel world this is. To file BK or not to file BK? If I do, I will have a fresh start says a friend. If I don’t, my friend says that the creditors will put my balance on my credit report, and renew it every 7 years…meaning that I can call the credit reporting agency to remove it, but they have a right and probably will repost my balance…as nothing had been collected. Is this true? I thought a negative item must be removed after 7 years, but it could be put back in and stay for another 7 years?? Please help. Thanks in advance.
Please don’t say get an attorney. I need the forms, ASAP. My creditors are hounding me and I have a house to protect (no, it has no equity).
I am pretty much broke and tired of creditors harrassing me and my job. I know I messed up when I was younger. I was trying to pay them all off but it seems to me the more I try the more I owe.
I was looking into bankruptcy to give myself a fresh start, but it seems everyone that could help me charges at least 00.00… tell me if i am filing for bankruptcy how am I supposed to pay that.
I am looking for someone who can take care of this right away without costing me thousands of dollars. I live in the clearwater area off US 19…PLEASE HELP!!!!
my sister in law aubmitted all paperwork paid in full in august, now has still not heard anything from lawyer and he wont take her calls or see her. what can we do creditors keep hounding her.
I have been very loyal to my creditors and could have filed bankruptcy years ago before they changed the standards. I choose not to. Now they have raised all my interested rates for no reason and I have never been late in my life until this month. I am very mad at them because of the rate hikes that I have been paying high interested. I know I made these debts but had no problems until all the rate hikes and would probable be almost debt free now.
My b/f is currenty filing for bankruptcy. We got credit cards when we bought our house and we just got way out of hand with them and are now in alot of financial trouble. There are about five cards out of the many that I am a "joint" user on with him. We didnt know the difference between joint and authorized user when we were signing up for the cards or we would have never put me on as a joint with him. Im afraid that the creditors are going to come after me once the case has went completely through, because according to what I have read online they are allowed to. Is there anyone out there in this same situation or anyone that has went through it?? His lawyer told me that they dont always choose to go after the joint user but if the debt is over a thousand dollars they may. Is it true that they can not go after me if I am unemployed?? We had thought about filing together in the beginning but we are not married so we were not allowed to do that and would have to pay for two seperate filings when most of the debt is only in his name and about 6500.00 of it is in mine….
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 contacted one recently but I only found 3 reviews. I was advised that I can pay 200.00 down to retain them and pay 380.00 per month for 4 months. Once this was paid the papers would be filed for the bankruptcy. I was also advised that once the 200.00 was paid to stop paying my bills and refer the creditor to my lawyer. In theory with my financial state this would be a great thing. In the 3 reviews I have found they have all stated that they had paid in full and a year later they were still waiting for the papers to be signed. The one lady was being sued by one of her creditors for failure to pay. Can anyone help shed some lite on this? I obviously have made enough bad financial mistakes I don’t want to make another one.
ps–if you want to judge go find a beauty contest
I have a delinquent Credit Card account that I last paid in January 2009, but it was not reported as a major delinquency until December 2009. What gives? Don’t most Creditors report major delinquencies at the 6 month point? When exactly should the clock have started ticking?
To confuse matters more: this debt was either assigned to or bought by Mann Bracken, who happened to file for Bankruptcy around the same time that this item was reported as a major delinquency. Can I surmise from this that Mann Bracken was working on behalf of the original Creditor (as opposed to having bought it from them), and that it is now back in the hands of the original Creditor?
I just read from CatDad that the clock starts "beginning on the date of the first late payment that led to the charge-off". Doesn’t this mean this negative item should be tied to January 2009?
It shows as "Charge-Off" and also shows a balance.
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.
Hi.
We have a joint mortgage and I (husband) filed Bankruptcy last year and was discharged on January 2010. However on my credit it is reported as "INCLUDED IN BANKRUPTY & DISCHARGED" when on my wife’s it is showing current on payment. We are still making payment but mine does not report when hers is reported.
We filed out tax separately where I claimed the mortgage as I am the primary. We are now worry that we might not be able to get the 00 credit since mine does not reported as pay on time.
Our quesiton is should we worry about this or it is fine?
By the way in the bankruptcy 7 I filed there was a stipulation where any tax return shouldnot be kept to pay the creditors.
I have already received my South Carolina tax refund and just waiting for the Federal which was done together with the 00 tax credit.
Also what can I do to report the mortgage current on my credit?
Please let me know.
Thanks