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Recent bankruptcy law questions

What constitutes a serious injury? I have a on-going

What constitutes a serious injury? I have a on-going unlimited civil lawsuit against an individual who is currently in a Ch 7 Bankruptcy Proceeding, who as our former, perpetrated an unlawful self-help eviction of us by hiring a thug who forcibly entered our apartment wielding a baseball bat, who assaulted, terrorized and forcibly evicted us from our apartment, breaking my arm in the process and causing mental anguish and emotional distress, the dispossession of our home and of all of our personal property. Our action includes 11 Causes of Action, 2 in Contract, 3 in Statute and 6 in Tort. The thug was arrested and ultimately convicted of felony assault. Is our lawsuit dischargeable?

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Texas Atty

Juris Doctor

 
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If the husband only files (ch7) and

Hello, if the husband only files for bankruptcy (ch7) and the wife is not on the BK, but has no income of her own because is a housewife, is she extended any kind of protection because she is depending on the husband for income? Can an eviction be pursued against the wife alone if they are both on the lease but only the husband filed for BK if she does not have income of her own? Thank you.

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Phillips Esq.

Attorney

Juris Doctor

 
16,566 satisfied customers
What is meant by case name on unlawful detainer cover shee

what is meant by case name on unlawful detainer cover sheet

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Christopher B, Esq.

Attorney

Juris Doctor

 
4,782 satisfied customers
If I purchased my home with a land contract subject to the

If I purchased my home with a land contract subject to the current mortgage. The only stipulation was that I had to put the mortgage in my name by Jan 2017. Anyway, I am currently 30 days behind in payments as of April 1, 2016.My question is that if I do not pay April Rent/mtg what is the process timeline for the mortgage holder/landlord to evict me. I am planning on filing bankruptcy at the end of April. I would like to stay in the home till the end of June but I need to know my legal rights and the timeline/process for eviction in Oregon.

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Roger

Litigation Attorney

Doctoral Degree

 
32,814 satisfied customers
I will be declaring bankruptcy soon (chapter 7-credit cards)

I will be declaring bankruptcy soon (chapter 7-credit cards) , was planning on pushing off but now have a judgement against me from one credit card company. The issue I have is that this month I don't have the approximately $1300 I need for bankruptcy (lawyer and fees).Thats also the amount I pay in rent every month. So my question is should I not pay to my landloard this month in order to pay those fees? hopefully I would catch up with my rent in next month or two...what happens with rent* during bankruptcy procedures? how behind does one have to be in rent payments prior to been possibly evicted? does my plan make sense?Lets say I wouldn't pay water and internet this month, can they collect this month afterwords? would they disconect my service?I have never failed in paying my rent before. Thanks*both past due amounts and ongoing.

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mmdesq

Attorney

Doctoral Degree

 
866 satisfied customers
My Chapter 7 bankruptcy was discharged on 1/31/12 while I had

My Chapter 7 bankruptcy was discharged on 1/31/12 while I had an active apartment lease. I subsequently had to break the lease because I couldn't pay the rent. I received a bill for among other things rent for a time after I had vacated and given notice. That bill is on my credit report as a collection dated 7/19/12. Can I add this debt to my bankruptcy?

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Roger

Litigation Attorney

Doctoral Degree

 
32,814 satisfied customers
I am looking to file bankruptcy and just want to know what

I am looking to file bankruptcy and just want to know what happens after, how hard is it to get a credit rating after that? will I be able to say buy or rent a home after and how long after if I can??

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

 
104,218 satisfied customers
I am currently in Chapter 7 BK. The automatic stay is in

I am currently in Chapter 7 BK. The automatic stay is in place. I have an eviction lawsuit that is ready to go to trial, but they pushed it off until 1/20/16 because of the BK. My question is... if they have not filed a motion to lift the stay, does the stay continue to be in effect past the 30 days. So if the landlord goes to court on 1/20/2016 without a relief from stay, is the eviction able to proceed? I filed BK on 12/11/2015.

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37,524 satisfied customers
Bankruptcy law question

There is a judgment against a couple and their adult son. Now this couple filed bankruptcy and having the adult son as their dependent, so they could make themselves qualified for Ch 7 BK.1. The son is one of the judgment debtor, can this couple request for discharge of the judgment in the BK filing?2. Can the creditor still collect the son for the whole amount of the judgment even though the parents filed bankruptcy?3. The couple claimed the son as their dependent, but if the son is not living together with them, or if the son has income, but the couple are not reporting his income, and using the son for the Means Test to multiply the numbers, is it illegal?4. How can the creditor raise this question? Will the trustee go check for the son's employment and income record? Will this be possible to disqualify the couple for Ch7 BK?5. The couple is renting a house, they don't have real property. For the Mean Test (Form 22A-2), can they add the number on Line 8 for house insurance and operation cost to their expenses? For line 9, if their rent is lower than the allowance, which number they should enter? Can they enter the higher allowance/ the regions median?6. Can the son later also file bankruptcy to avoid paying the judgment money, after his parents included him in their BK filing as a dependent?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

 
104,218 satisfied customers
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