Have Legal Questions? Ask a Lawyer Now.
Good evening! I can help you out with your legal question tonight.
If you owe too much, then yes, your creditors can force you to file bankruptcy. You get to determine which chapter you wish to file under though. If you have too much debt then you are limited to either a chapter 13 or chapter 11.
How much debts do you have? Over $1 million?
Yes, it looks like an 11. From a practical point of view there is one lower executive at this bank making poor decisions causing excessive unnecessary expense for me and I am considering unconventional approaches.
What are those expenses that the lower exec is making you have?
Mainly having to file bk. I upset him and he will not negotiate at all. the debt is $150, I have stopped the sale twice, they ordered a receiver whom has not kept the property rented. In a typical situation we could opt for a short sale or some other option and they are upset since we have extended the litigation 3 years out so now they are trying to garnish my wife's 200/wk PT job.
Do you have an attorney who filed your petition?
pro se. filed the day before sale. I have attorney's for the foreclosure cases but they cannot get through to this exec person at bank.
I would recommend getting a bankruptcy attorney to help you. It appears the lower exec is somewhat bullying you and taking advantage of your knowledge of the law.
oh clearly. What are your thoughts on having people in front picketing to get their attention or sending a letter to the board of directors ?
A local attorney would be able to help push what you want in your bankruptcy case.
That is definitely allowed and any attention you can bring regarding the unneccesary hoops will help you.
ok, thanks and enjoyed the chat.
You are welcome!
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).