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Recent bankruptcy law questions

Does bankruptcy protects someone's real estate

Does bankruptcy protects someone's real estate investment (non-owner occupied real property)?

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TJ, Esq.

Juris Doctor (JD)

 
10,090 satisfied customers
My name is ***** ***** I have debt situation to ask advise

Hi My name is ***** ***** I have debt situation to ask advise aboutJA: Thanks. Can you give me any more details about your issue?Customer: Of course and thanks in advance Here we go: I own the house that is worth about $950k and mortgage is $760k I recently lost my business and can not keep up with payments My wife makes about $100k but after taxes it is not enough to pay mortgage, cars, insurance etc Additionally I have about $70k in credit cards debt Also I own condo outright (1 bedroom), its worth about $80k no and i have a tenant Lastly , we have about $250k in retirement accounts (IRA and 401k) We have two children and I am searching for work for 2 months and can not find anything (I have BS in Electrical Engineering) So my options are : bankruptcy (but I would probably loose condo) foreclosure (but i will loose equity) sell the house (but i can not keep up with payments) Do nothing (it means foreclosure) Sale the house (it takes time and my payments will be delayed) And finaly I was thinking to borrow money from 401k, pay off credit cards, sell the house and hopefully return money to 401k from equity and then rent something..... I am badly Screwed.......Any advise?JA: OK got it. Last thing — Bankruptcy Lawyers generally expect a deposit of about $18 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.

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Phillips Esq.

Attorney

Juris Doctor

 
16,566 satisfied customers
Our rent to own property has been included in the renters

Our rent to own property has been included in the renters bankruptcy. They have not paid us in 3 months we have served them with a eviction notice now they are state we have no right to evict them. How can that be?

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Phillips Esq.

Attorney

Juris Doctor

 
16,566 satisfied customers
I need help with Bankruptcy/Protecting myself from Fraud/consequences.

I need help with Bankruptcy/Protecting myself from Fraud/consequences.I was a stable homeowner and then became disabled, trying many things to get well. Finally one day I decided to take a leap, and live off my credit cards (based on a spiritual teacher's guidance). I hoped I would recover and gain energy to pay the debt off.A series of misfortunes occurred (my new home burned down while I was in Hawaii, so I stayed in Hawaii....). I focused on writing a book based in that setting and getting my health back.Now, I've maxed out my cards $100,000K of debt, much of it the past 6 months when I moved back to the mainland. I have a serious mental health issues and was unstable (moving from place to place) for nearly 2 years before securing housing/medication.I've paid back friends and family through Paypal using credit cards...large amounts, $2K at a time, sometimes. I've paid rent, groceries, travel, etc. (not jewelry or clothes).I have no real possessions of value and very little money....would like to find an alternative to bankruptcy but barely making it on a disability income (not currently able to work).Do you recommend Bankruptcy Chapter 13 (Colorado)? How do I protect myself from charges of fraud, being asked to pay it back, court stuff, etc? Judgements?I've considered changing my phone # ***** have not given my new mailing address, but is this irresponsible/problematic?What is the best most responsible way to handle this debt?Thank you.

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Phillips Esq.

Attorney

Juris Doctor

 
16,566 satisfied customers
I had a tenant that filed a Chapter 13 bankruptcy in 2010.

I had a tenant that filed a Chapter 13 bankruptcy in 2010. She moved in my property in 2010 and left Sept. 2012. When she left in 9/12, she did not pay the rent. I received a notice from the Bankruptcy Court (9/12) stating that she was adding the rent to her bankruptcy. The notice said that it was back rent, but it was current rent because she was still in my property. I notified the Bankruptcy court that she was living in my property and that it was not back rent, but current rent. The Trustee did not allow her to include it in her bankruptcy.Three years passed and the tenant still did not make payment so I took her to court (12/15) and got a judgment for the rent. In court, she agreed to pay me, but did not make payment as agreed so I initiated a garnishee. The amount that the tenant owed was $5400, but we negotiated for a settlement of $1950. Ninety (90) days after the judgment, the tenant had her bankruptcy dismissed and then reinstated and added the rent from 2012 to her bankruptcy.I think that I read someplace that if a debt is denied for bankruptcy as the Trustee denied in 2012, it forever not allowed to be added to the bankruptcy. Is that true?IN addition, when the tenant moved in, she notified me that she had filed for bankruptcy. I was reluctant to rent other b/c of the bankruptcy. The tenant told me that she could not file bankruptcy for another seven (7) years so I did not have anything to worry about. She had a stable job that she had been on for about 10 years.I have filed an objection for her discharge the rent debt. Is there a possibility that she may not be able to discharge the debt based on the info above. I AM ALLEGING FRAUD BY INDUCEMENT AND OBJECTING B/C TENANT NEGOTIATED A REDUCED SETTLEMENTAND THEN RENEGED ON THAT. In the bankruptcy, she is proposing to pay her creditors 12% of the debt that she owes them.

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Phillips Esq.

Attorney

Juris Doctor

 
16,566 satisfied customers
I filed Chpter 13 Dec 2014. It has still not been confirmed.

I filed Chpter 13 Dec 2014. It has still not been confirmed. I had corporate IRS taxes they are still debating what I owe (approx $5000). The trustee has taken $1000 a month from my pay since Jan 2015. I have a decent job now - what are consequences if I say STOP and I go with maybe consumer credit for taxes and mortgage? I'm afraid trustee will take even more money from me and I don't trust that. Anything you can advise

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Phillips Esq.

Attorney

Juris Doctor

 
16,566 satisfied customers
If I want to file an objection bankruptcy

If I want to file an objection for discharge for a bankruptcy case, can I file it myself without a lawyer? What do I need to do and how to file? I do not have specific evidence but objection based on that the debtors had not provide enough evidence to support the bankruptcy filing, such as no adoption documents provided for their recently adopted 2 teenage children, their 23-year-old child's income and tax info (this child started working 3 years ago, but now they claim the child as dependent without including the child's income). Can I do it, or ask the trustee to file the objection for discharge?

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Phillips Esq.

Attorney

Juris Doctor

 
16,566 satisfied customers
My company took out a direct lender loan and have depleted

My company took out a direct lender loan and have depleted the funds. The business cannot continue and we do not have the money to pay back the loan immediately. Would it be better to file for some kind of bankruptcy or to find a debt settlement company?

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5,048 satisfied customers
How do I protect myself and my non filing spouse/children from

How do I protect myself and my non filing spouse/children from an aggressive creditor in a chapter 7 bankruptcy

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37,524 satisfied customers
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