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 Ellen Your Own Question
Ellen
Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
9968427
Type Your Bankruptcy Law Question Here...
Ellen is online now
A new question is answered every 9 seconds

My daughter is in prison in Michigan. She will be going on

This answer was rated:

My daughter is in prison in Michigan. She will be going on parole on June 4th, 2013. She desires to go bankrupt since she has a number of "charged off" accounts that she can still be harassed about by "bill collectors". Information on her release on parole is an open record.
All of the statements about her past due accounts was mistakenly thrown out by mistake. How can we (I) obtain the information to fill out her bankruptcy request?

FiveStarLaw :

*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*

FiveStarLaw :

Hello,

Thanks for using JustAnswer. My name is XXXXX XXXXX I will do whatever I can to answer your questions!

Don't Forget that the deposit you placed to ask this question is not used to compensate me until you rate my service ! Please Remember that when you are asked to give a rating, you are rating My Service and not this website itself or the law .

FiveStarLaw :

Your Question - All of the statements about her past due accounts was mistakenly thrown out by mistake. How can we (I) obtain the information to fill out her bankruptcy request?

My Answer - Your daughter can obtain a copy of her credit report and list all creditors from that report

Explanation - Provided your daughter is filing a chapter 7 bankruptcy and does not have any assets, omitting a creditor will not typically have an effect on her bankruptcy. The debt would typically be discharged regardless provided that the debt would have been discharged had it been properly scheduled

FiveStarLaw :

I would be glad to respond to any related follow-up questions that you may have.

FiveStarLaw :

Have I completely answered your question?

Customer:

Chapter 7 stays on her record for how many years?

FiveStarLaw :

10

Customer:

The only "asset" my daughter has is a 401K from her former employer.

Customer:

Sorrry...does that count as an asset?

FiveStarLaw :

A 401(k) is exempt from the claims of creditors and therefore your daughter's bankruptcy would be considered to be a "no asset" bankruptcy

FiveStarLaw :

Therefore if she omitted a credit card debt, typically the debt would be discharged regardless of the omission

Customer:

Her debts, before going to prison were credit card and bank loans. Her house was foreclosed and her automobile declared a total loss after the accident that caused her to go to jail.

FiveStarLaw :

Typically this debt would be discharged

FiveStarLaw :

It has been my pleasure to work with you

Please let me know if I can assist you in the future by requesting me directly.

Ellen and other Bankruptcy Law Specialists are ready to help you

Thank you very much for the "excellent service" rating and the bonus!

If I can be of assistance in the future, begin your question with: "For FiveStarLaw"