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Bankruptcy or NOT Bankruptcy? I have a niece. She had a

Bankruptcy or NOT Bankruptcy?I have a niece. She had a student loan of $20,000. Two years ago, she saw an offer from Discovery Card & Citi Card that there would be no interest on the cards for 12 months. She used these 2 cards to pay off the $20,000 student loan. The 12 months went by quickly, and she was jobless. Now the $20,000 became $40,000 loan. She owns nothing except the shirt on her back. I would like to help her with her debt, but $40,000 is quite too much. I can help her with $15,000. Here are my questions:1. Should she file bankruptcy?2. Can she negotiate with Discovery & Citi cards by giving each of them $8000 and ask them to forgive her debts? Because if she files bankruptcy, they would get $0 or the shirt on her back.3. If she negotiates with Discovery & Citi cards, how is she going about this? call or write ?

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Roger

Litigation Attorney

Doctoral Degree

34,606 satisfied customers
I missed my reaffirmation hearing due to I was in the

I missed my reaffirmation hearing due to I was in the hospital having brain surgery, what can I do to fix this so they don't take my carJA: What state are you in? And are you working with a local attorney?Customer: CA and noJA: Has anything been filed in civil court? If so, what?Customer: I just got a letter saying reaffirmation was denied cause I wasn't there. The only thing filed besides that is my actual chapter 7JA: Anything else you want the lawyer to know before I connect you?Customer: I am the cosigner on my sons car and I'm afraid he will lose his car because of this, what can I do to fix this situation and get another reaffirmation hearing

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Phillips Esq.

Attorney

Juris Doctor

20,692 satisfied customers
If a debtor first files a chapter 13 schedule which does not

If a debtor first files a chapter 13 schedule which does not list (15) patent license agreements they are a party to as part of their requirement to list all contracts/executory contracts they have....can that same debtor convert to a chapter 11 and then benefit from not having to reject or assumethose same executory contracts they intentionally did not list in their chapter 13 filing??My company is a creditor in a bankruptcy and the above is currently going on right now where the debtor has a host of executory contracts that we can prove exist but he didn't list any of them in his chapter 13 final schedule. He recently converted to a chapter 11 and I understand that there is no obligation in a Ch 11 to list these types of contracts.Did he automatically 'reject' all of the contracts that he didn't list when he submitted his final schedule for his initial Ch. 13 filing? Or does he now have the opportunity to pretend like he didn't commit bankruptcy fraud with his conversion to Ch. 11??

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DrakeLAW

Juris Doctorate

1,064 satisfied customers
State of Wisconsin I am in a CH13. I cannot keep up I am now

State of WisconsinI am in a CH13. I cannot keep up I am now a single dad and my salary will be reduced because I have to step down to a lower position in order to be able to stay home and not travel for my company. Can I change to a CH7 or am I kind of cornered?

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Terry L.

Partner

Doctoral Degree

2,928 satisfied customers
In ohio what is the statutory of limitations on collection

In ohio what is the statutory of limitations on collection on a non discharged debt from a trustee in Bankruptcy court

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

114,224 satisfied customers
I meant $5,442 for Trustee's fee from previous inquiry. So,

I meant $5,442 for Trustee's fee from previous inquiry.So, as you know now I have 2 unsecured creditors. Student loan ($7,381) and a CC ($1,025). And also, yes I have 1 Secured Car (the monthly payment, which I am ON-TIME for every month is $576.47). My mortgage arrears is $54,427.74.Now I am confused because I only factored in my Mortgage Arrears into my Plan, and the Trustee's fee.....My TOTAL MONTHLY TAKE-HOME PAY AFTER TAXES IS $6,350. MY WIFE'S IS $1,000 SO TOTAL MONTHLY INCOME IS $7,350. RIGHT NOW, I HAVE MY TOTAL MONTHLY EXPENSES FROM SCHEDULE J AT $6358.69. I WANT TO DO 5 YEAR PLAN.Please help, sir. You are life-saver.

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DrakeLAW

Juris Doctorate

1,064 satisfied customers
A mortgage on my commercial loan has matured, the bank won't

A mortgage on my commercial loan has matured, the bank won't refinance it and is threatening to foreclose, its difficult if not impossible to obtain refinancing due to civil litigation resulting in my chapter 7persoanl bankruptcy. The unique quandary is that the adversary plaintiff had obtained a fraudulent preliminary injunction for six years preventing any refinance or sale that would allow me to payoff the matured mortgage. I just had that six-year frivilose lawsuit dismissed on summary judgment, but the implications from it have caused substantial credit issues preventing refinance.During all the chaos and adversity I always stayed current with my mortgage. Can I file restructuring bankruptcy and ask the court to extend my loan, preventing foreclosure? if so what chapter bankruptcy? If not what other options do I have?

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DrakeLAW

Juris Doctorate

1,064 satisfied customers
I was Personally Suit in a Civil Case - unfortunately the

Hi, I was Personally Suit in a Civil Case - unfortunately the Jury has decided against me . The Judge final hearing is in 30 days on potential damages. Wanted to know the options for bankruptcy protection. Since I was suit personally, would like to protect my family before the final judgement is issued. Last, i operate a very small LLC company - want to make sure the personal claims do not escalate against my business. Please advise on the best bankruptcy protection option and the possible cost. Thank you

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Roger

Litigation Attorney

Doctoral Degree

34,606 satisfied customers
I recently filed chapter 7 bankruptcy and I am looking to

I recently filed chapter 7 bankruptcy and I am looking to take some online courses. I have the money in savings to pay for the courses. Am I allowed to do that?

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TJ, Esq.

Juris Doctor (JD)

11,622 satisfied customers
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