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Recent bankruptcy law questions

My mom's credit card has gone to in-house collections.

My mom's credit card has gone to in-house collections. She has total debt of $23,200 on the card. Before it went to in-house collections, the most I could get them to settle for is 50%. Chase is her only creditor.The NUMBER ONE concern is for my brother. He loaned my mom 35K for house payments, bills and repairs to get the house sold. She paid him back when the house sold t in September 2015. She then stopped making payments to Chase because she did not have the money to do so.1) Is there any time that must go by where my brother' 35k would NOT be considered as part of a bankruptcy? That is, would he have to give any of the 35k to Chase?2) If they sued my mom, could they touch my brother?3) If she decided to declare bankruptcy, would my brother be impacted in a negative way?My brother loaned her $35,000 for house payments and fixing up the house, so she paid him back first. She absolutely does not want my brother to be dragged into any of this, or get screwed if she gets sued.She is on Soc. Sec. and has a small pension from a divorce which I believe are untouchable. $1354 is here monthly income and she now has $18K left from selling the house.1)In bankruptcy would her income be a factor2) In bankruptcy, would the lose the 19K of savings anyway? But she did sell her house back in Sept. of 2015. Would I lose my savings to Chapter 7 regardless?Thanks for any help you can give!!!

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

 
44,666 satisfied customers
My mother-in-law who recently suffered a severe stroke and

My mother-in-law who recently suffered a severe stroke and lost her speech abilities just received a Default Final Judgement from Discover Credit Card which was issued on June 17, 2016 but was just received today June 22, 2016 from the Martin County, FL court. She just lost her husband and is only surviving on her limited Social Security benefits. There is no way she can pay the $7740. What can/should she do to avoid garnishments or liens?

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LawTalk

Attorney at Law

Juris Doctor

 
30,966 satisfied customers
I need to clear a title before closing. Customer BK

I need to clear a title before closing.Customer BK dischargedyears ago,however it remains TWO item from the BK. that's a lease that is in the discharged BKAnd another item that popped in dated 1999, this creditor is not around anymore, no updated address .How do I proceed to get each one removed from the title?Thanks again

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TJ, Esq.

Juris Doctor (JD)

 
10,088 satisfied customers
Chapter 13 bankruptcy, I have 10% title interest in each of

HelloFor a chapter 13 bankruptcy, I have 10% title interest in each of 3 single family homes. I am not on any of the loans just only my mother is. To calculate if I am not over the chapter 13's 1.1 million dollars rule for assets , do I add up my interests in all of the properties or do I add up the loan amounts on each property of which I am not on? Thanks

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37,522 satisfied customers
Usually my questions are 1-2 sentences....you need the facts

Usually my questions are 1-2 sentences....you need the facts and last hearing info with my questions to answer (may need to talk plus have timeline of events/action that will describe better if can send you...will help explain these questions.1) How can Plaintiff get a judicial default when based on a Motion that was not even part of this hearing; I didn't even bring my Motion that countered that to the hearing as it wasn't on the list to be discussed.2) When case was dismissed in 12/2013, did Plaintiff need to go back to bankruptcy Court before re-sueing in 5/2015…seems everything I read on Cases that Federal Court and Trustee are in charge3) In the Motion in Court to Preclude Defendant's In Rem…the same issues brought up in this were ones that I refuted in the original response (4/19/15) to the Motion to Strike (4/7/15). Court above at hearing only took note of 4-7 Plaintiff Motion and as stated DID NOT ALLOW DEFENDANT TO BRING UP ANYTHING…minutes not attached by I got 1 minute of 25 minutes. All issues were quickly discarded by Plaintiff and the Judge citing only cases that agree with their side…Judge allowed nothing else. (those cases are very recent in FL…refute case law in 49 other states and federal court…just like the bs with 5 yr statute limitations going on in FL)4) Also…documents that I go after bankruptcy stated among other things that Plaintiff must be valid creditor…my affirmative resp have evidence that in any jury trial they'd hang Plaintiff5) Last, Judge asked Plaintiff if it was cross-noticed (Plaintiff affirmed) (WHAT DOES THIS MEAN…what action would plaintiff need to take to accomplish) when I kept complaining about where this Motion to Preclude Defendant was basically illegal in these proceedings6) Judge thought this might be contested and he should leave for others…interesting comment…WHY7) Other thoughts helpful on how to contest, what to file?

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RONB-ESQ

Juris Doctorate

 
716 satisfied customers
I filed bankruptcy about four years ago because I had to

I filed bankruptcy about four years ago because I had to take care of my mother who had Alzheimer's. I kept the house, but I'm finding the bills overwhelming. I'm running two households now because I'm taking care of my brother who has FTD (frontotemporal dementia) and hydrocephalus (water on the brain). If I filed bankruptcy just to get rid of my house that has extreme damage from trees and water, would I get into trouble with the mortgage holder? My mortgage is about $340,000 and the house, on a good day, is worth about $90,000. As I've been told, it's also a famous historical house. Right now I hire people to go in and check on my brother on the days that I can't be there because he lives 125 miles away from me. I'm overwhelmed trying to keep up with all the bills for two households on top of paying home health care workers.

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LawTalk

Attorney at Law

Juris Doctor

 
30,966 satisfied customers
In Utah are self-employment earnings considered to be

In Utah are self-employment earnings considered to be “income” for wage garnishment purposes? Do those earnings also qualify for the same exemptions as wage garnishments?

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legalg

Juris Doctorate

 
12,166 satisfied customers
My initial question is with regard to Chapter 7

My initial question is with regard to Chapter 7 Bankrutpcy...this was completed in 2013...the amount in the records owed to a bank that had already started foreclosure proceedings was $500,000 (accelerated amount)Can the bank now change that amount their sueing for?Can the bank de-celerate the loan and re-institute as a installment loan?Can the bank change the default date?Can the bank re=accelerate the loan?per US Bankruptcy laws

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TJ, Esq.

Juris Doctor (JD)

 
10,088 satisfied customers
Looking at my options to file ! : No. I was just doing

Looking at my options to file for bankruptcy!JA: The Bankruptcy Lawyer will need to help you with this. Have you consulted a lawyer yet?Customer: No. I was just doing research on it firstJA: Please tell me everything you can about this issue so the Bankruptcy Lawyer can help you best. Please give me a bit more information, so we can help you best.Customer: I have over 19,000 dollars in credit card debt, student loans, personal loans, I recently bought a house with my ex and I am no longer living there so I go a place I could not afford and started paying bills and using my credit cards for help, now I am struggling paying it back and falling behind on rent and car psymentsJA: OK. The Bankruptcy Lawyer will need to help you with this. Is there anything else important you think the Bankruptcy Lawyer should know?Customer: Like?JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Bankruptcy Lawyer about your situation and then connect you two.

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5,038 satisfied customers
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