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BANKRUPTCY: Debtor is filing Chapter 13. The debtor has no

BANKRUPTCY: Debtor is filing Chapter 13. The debtor has no priority debts; and only one secured debt (auto they will pay outside of the plan); can the Debtor specify an unsecured debt (Credit Union Loan in repayment through payroll deductions) to be repaid OUTSIDE of the plan?The Debtor works for the Credit Union where the Loan is in repayment through payroll deductions. If yes, how is that debt identified in the Chapter 13 plan?

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DrakeLAW

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Do you have to include VA disability as income on the

Hello...Do you have to include VA disability as income on the chapter 13 and/or chapter 7 means test, Debtor is not 100% disabled but is 80% disabled...thank you in advance for your assistance

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DrakeLAW

Juris Doctorate

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I am retired Navy and 100 percent service connected disabled

I am retired Navy and 100 percent service connected disabled veteran. I am married and my husband and I may have to consider bankruptcy as our debts have become out of control. I recently tried to commit suicide. Can the V.A. turn my VA Compensation money over to a fiduciary if they find out that we had to file for bankruptcy?

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LawTalk

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Juris Doctor

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Someone owes a so called PLUS loan, a type of federal

Someone owes a so called PLUS loan, a type of federal student loan that he acquired to pay for his son's college. He cannot afford it anymore and is considering default. If he defaults, can the liability be transferred to the son? Also, please confirm if there is any chance of including it in bankruptcy.

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Alex J. Esq.

Managing Attorney

Doctoral Degree

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We fell out of bankruptcy due to my income is dropped due

we fell out of bankruptcy due to my income is dropped due disibility, our income is now half. the problem is my creditors are wells fargo and the IRS. What do I do? how can I get the bankruptcy done?

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LawTalk

Attorney at Law

Juris Doctor

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I am a disabled vet with 60%, and I want to file bankruptcy

I am a disabled vet with 60%, and I want to file bankruptcy with my spouse. We accrued all debt while serving actively. My question is since I already pass the means test according to the SCRA, does my wife also automatically pass or does she have to use her income and take the means test. No Bankruptcy lawyer that I have spoke with could tell me a definitive answer.

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LawTalk

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Juris Doctor

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Bankruptcy atty please. My mother died and I am going to

Bankruptcy atty please. My mother died and I am going to receive a disbursement from a family trust. I am also facing a chapter 11 in the near future. The disbursement is pretty large. If I have the disbursement go into an IRA or 401K and wait 120 days will the retirement account be protected ?

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LawTalk

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Juris Doctor

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Re the property. If the other co-owner already took money

Re the property. If the other co-owner already took money against the house, and if I file a bankruptcy will the creditor still come after me or would they come too after the other co-owner.Thanks

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DrakeLAW

Juris Doctorate

888 satisfied customers
I 't know if I've selected the correct lawyer - My mother

I don't know if I've selected the correct lawyer -My mother called me with a debt collector on the line, my mom hasn't handled any of here of here own finances 2002, she my dad passed, at the time she could of handle her own affairs but ask me to do it - today at 72 yrs old she doesn't has the ability. The last time this happen was in March when old tax bill that I forgot (I also had 3 strokes and on disability as well) from MA went several years with nothing and then a letter with to garnishment from the MA DEPARTMENT OF REVENUE was attached, we are in a repayment plan. I not trying to dodge a bullet. am correct in I state and federal taxes can attached social security & pension ?My mother does get social security and a widows pensions from my father whom worked for GM. She had nothing in the bank, no savings not a dime and live paycheck to paycheck, over the last few years when I got sick and they garnishment my wife she helped us paying for our childrens day care so I could go to physical therapy to learn how to walk and talk again, She doesn't even on a car, she , she lives very modestly about 3 hrs away and on her own (something I am not sure that she will be able to continue to do) she is in poor health and really has nothing. The debt service call was about a judgement in 2010 for $16000 , I'm not quite sure how, I believe it was through 'default' - in the past I have appeared for her and handle these things but I can't remember this one, neithern can she - I have looked at the court records and the debt was filed one in my county not hers (Port St Lucie) it states she was spoken to by phone - I know it doesn't matter that neither of us remember this account or the court hearing because the have a judgement -which there trying to collect on it. Of course I can't settle the judgement because I can't payout a lump sum or have the ability to make a reasonable effort to make a payment arrangement on the judgement, apparently at the time I / we was paying a $100 a month on the debt but I stopped that was all they would tell me, she owns her house she is upside down in, her credit is aweful - while I was on the phone with the debt agency she stated "she has good credit, she owns a house, she has a car ' and trying to tell her this isn't true, but of course they don't want to hear it. The judgement paperwork states speaking with her the phone at the time the hospital for 22 months after a car accident I think that's why no remembers this debt or the account it's attached to, but I do know I can't fight the judgement and even if I couldn't I don't have the money for legal representation. So I have no idea what to say, we have always tried to help each other,my wife and I are racked up to our eyes with our own debt issues and we have just recently had to make several repayment deals because while I'm disabled it is tough for them to attach me (and my mother was disabled before she hit retirement age) but my wife keeps getting garnished and we keep paying because we can't come up with a bulk amount to start a better repayment plan and the cycle keeps going, I just wanted to give you a better scope of what is going on, if I had it's I would give it to her, my mother even gets meals on wheels I would sincerely ***** ***** as I did tell the debt agency collector I would contact her today, can they just 'dig up a judgement ' any time and force collection ? Should I tell them she is paying a state tax lien, the state / gov garnish social security wages ? I have nothing to offer I can't even make a constructive repayment schedule. I would tell her to go to bankruptcy court and file but I am afraid that she won't pass the way and means tests as I have run the numbers and she barely has -$300 a month because of the pension income, the debt agent stated that she must have something must of happened because they don't just reopen these thing for nothing, I was also told there is no statue on judgements, I lost half my collective brain capacity during my illness.Is there any way I can keep this from be publicly posted ?All help would be sincerely appreciated,

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Texas Atty

Juris Doctor

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