How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask cfortunato Your Own Question

cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
Type Your Bankruptcy Law Question Here...
cfortunato is online now
A new question is answered every 9 seconds

I filed chapter 7 bankruptcy April of 2009. I had a student

Resolved Question:

I filed chapter 7 bankruptcy April of 2009. I had a student loan I sign for my dughter as a co-signer, which the lawyer put it listed as unsecured debt. I was discharge in April 2010. After a month of discharge the student loan company started calling and sending me bills. They said cause my daughter was not paying then enough money on the loans, and that I had been discharge from bankruptcy and the co-signer I need to make payments. I called my lawyer and ask her about this, because during the bankruptcy processes she never told me nor the other attorneys, that I was assign to at different times in there office told me, that no student loans are excused. Now I had a rental house which burned up and I received money from the insurance co. The lawyer said they don't do rental property, but she took the money from it and gave it to the trustee. $5000 cash that I had on hand I had to give it over to them she said I could'nt have any money on hand, so I did in a personal check. The trustee also took a $27963.60 check which had my insurance adjester name on it and mine. When I told hem the trustee that the lawyer said that they don't do rental houses he said yes we do. Im confused! When I ask her about paying the student loan off with the $5000 cash they took, she say I'll get back with you and never do I have to call her. I make $287 a month payments beginning January 1, 2010 due the first of every month for one year, and a lump sum of $3399 by the January 1, 2011 total of $6843. The student co-sign loan balance is $4831.36. Now if I had know that this co-sign student loan had to still be paid regardless of me filing for chapter 7, I would have paid it with the $5000 cash on hand. I have put this bill in my bankruptcy and they know about it and at the same time the cash on hand, should'n they told me to pay it with that money or it was not excused for no bankruptcy? What are my rights as being mislead in a bankruptcy chp. 7 case? Also she tells me that some unsercured debts are payable in a bankruptcy chp. 7 since when? Now they tell me when they send out the letter for the credtor to submit payments the are asking to be paid, the co-sign student loan co. did'nt submit one. I ask do you send out submit papers for unsecured debt creditor. A long aaaaaaaaah I think we do. (WHAT) Im confused; On my discharge paper it read DEBTS THAT ARE NOT DISCHARED (d) debts for most student loans; cause of this statement Im thinking my co-sign student loan for my daughter was clear when I was discharged from Chp 7 bankruptcy, untill I started getting bills and calls for it a month after discharged. What can I do or what should be done about this? Do unsecured creditor ge letter send out for chp 7? what happen if a debt is listed under unsecured debt and should have been put under secured debt? If you was not told about a debt that was secured and did'nt find out about it untill you clear bankruptcy, and they took cash money from you which the debt could've been paid for what can you do about it? Is some unsecured debt still payable in chp 7? I know it is in chp 13.
Submitted: 3 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 3 years ago.

Hi JACustomer,

Student loans, even though they are unsecured debts, are not dischargeable in a Bankruptcy. If you had paid the $5,000 to the student loan lender, the Bankruptcy trustee could have taken that money back to evenly distribute to the other creditors.

Please let me know if there is anything else you would like to know.

Thank you!

Customer: replied 3 years ago.
Ok thats find but if they are putting the money in there pockets and not all of it going to my credtors then what? I already paid then there fees, plus Im making payments which is suppose to be the amount I own for overage for of my assets. The check from the rental house, was reissue for $27,963.60 still in my name and ajested and now a third party. After my finial payment is made and all disbursements is made, should I be given account of all money taken? If any is left over do trustee get to keep it?
Expert:  cfortunato replied 3 years ago.

The Bankruptcy trustee gets 10% of the assets or money he takes. The rest is paid to the creditors in proportion to the size of each debt. You are supposed to receive anything that is left over - if anything is left over.

You are supposed to receive an accounting. If you do not, you can ask your attorney to contact the trustee's office to get one.

Customer: replied 3 years ago.
What should be done when you are not told, about a debt that was put in bankruptcy at time of filing which should be paid out of bankruptcy?
Expert:  cfortunato replied 3 years ago.
What did you mean by "a debt that was put in bankruptcy...which should be paid out of bankruptcy"?
Customer: replied 3 years ago.
I put the co-sign student loan in bankruptcy as one of my debts. Being I was not told it was to be paid regardless of me filing for chapter 7 bankruptcy. I would like to know what should be done? How should I be protected by not knowing ahead or at the beginning of bankruptcy filing? My daughter is making payments on this loan and they say because she not paying enought on them I need to make payment. Can they garnished me as a co-signer while she making payments? Also being I put it in bankruptcy as one of my debts, can they garnished me? Please answer all my question you have been a great help to me. Just need to be put at peace with this case. Thanks
Expert:  cfortunato replied 3 years ago.

Please don't forget to hit the "ACCEPT" button, and then we can continue.



Edited by cfortunato on 10/9/2010 at 6:50 PM EST
Customer: replied 3 years ago.
The student loan I co-sign for that debt was put in bankruptcy the one I been talking about.. I want information on my questions to my satisfaction. You are suppose to be experts and agreed or said no pay until I satisfied right or wrong. Say what you mean and do what you say.
Expert:  cfortunato replied 3 years ago.
I am not sure why you thought the student loan was going to be discharged. However, since it was not, the lender can garnish your wages if it is not being completely paid.

Edited by cfortunato on 10/10/2010 at 2:02 AM EST
Expert:  cfortunato replied 3 years ago.
I am not sure why you thought the student loan was going to be discharged. However, since it was not, the lender can garnish your wages if it is not being completely paid.

Edited by cfortunato on 10/10/2010 at 2:04 AM EST
Customer: replied 3 years ago.
Because I was not told I had to pay it until after the discharge. Should some of it be paid out of the money taking from me being I place it in bankruptcy? After all it was the experts fault I was mislead.
Expert:  cfortunato replied 3 years ago.

The Bankruptcy court does not care that you were misled. They will say your attorney should have explained the loan was not dischargeable. The money that you had to pay to the court was distributed to all the creditors - including the student loan company. That is how the court does it. It doesn't matter that you thought the student loan was dischargeable.

Customer: replied 3 years ago.
Last question what happen if a credtor do not submit his paper for request of payment?
Expert:  cfortunato replied 3 years ago.
If a creditor does not submit a "Proof of Claim" to the Bankruptcy court, that creditor does not get any money from the court.
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience: Bankruptcy professor.
cfortunato and 2 other Bankruptcy Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • FiveStarLaw

    Attorney

    Satisfied Customers:

    3203
    Bankruptcy Lawyer. Experienced.
< Last | Next >
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    3203
    Bankruptcy Lawyer. Experienced.
  • http://ww2.justanswer.com/uploads/TL/tleeders/2012-6-13_204815_TSL1.64x64.jpg Terry L.'s Avatar

    Terry L.

    Attorney

    Satisfied Customers:

    2204
    Better Business Bur 15yrs bankruptcy experience. Chicago Bar
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    950
    B.A.; M.B.A.; J.D.
  • http://ww2.justanswer.com/uploads/CO/cortrightlaw/2011-12-5_4117_Kevin.64x64.JPG cortrightlaw's Avatar

    cortrightlaw

    Attorney

    Satisfied Customers:

    490
    Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.
  • http://ww2.justanswer.com/uploads/Jay1968/2006-12-03_004423_JoeRossPhoto.jpg JoeLawyer's Avatar

    JoeLawyer

    Attorney

    Satisfied Customers:

    376
    Attorney in the practice of Bankruptcy Law since 1996
  • http://ww2.justanswer.com/uploads/DY/Dylatess/2012-9-11_1968_BHBTemplePhoto.64x64.jpg dylatess's Avatar

    dylatess

    Attorney

    Satisfied Customers:

    370
    35 plus years of experience specializing in bankruptcy law
  • http://ww2.justanswer.com/uploads/US/USLawAnswers/2012-9-20_23143_20090105211638Headshot3b.64x64.jpg Brent Blanchard's Avatar

    Brent Blanchard

    Bankruptcy Attorney

    Satisfied Customers:

    315
    Twelve years experience in all aspects of debtor & creditor BK.