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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

 
44,800 satisfied customers
I filed BK in Aug 2015, however, the court requested my unfiled

I filed BK in Aug 2015, however, the court requested my unfiled 2013 taxes. I had not filed my taxes for 2013 because it was so complicated for me at the time. I received a lump sum pension of $83,000 due to a job loss and opening up a restaurant to try to make a living we ended up losing it all in business expenses.The bk has been dischared but the trustee is asking to get the taxes filed immediately and submit to the court all of the refund if any.1. Do I have to give all or a portion if there is a refund since we are in 2016?2. If I end up owing taxes is that covered under the BK filed 2015?Thank you,Nancy

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RONB-ESQ

Juris Doctorate

 
716 satisfied customers
Is income from a retirement fund exempt from seizure in a judgment

Is income from a retirement fund exempt from seizure in a judgment of credit card suit in Texas?

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mmdesq

Attorney

Doctoral Degree

 
868 satisfied customers
A sixty four year old lady came to me help. She has

A sixty four year old lady came to me for tax help. She has 153000 in credit card debt. She is self employed and probably makes 60-100k per year, but it is variable. ... She may not be able to maintain this inocme as she get older. She has virtually noassets. She has two old cars worth 6k and a computer she uses to write, which is her self employed income. She owed IRS 40k previous to 2014. Was on installent agreeemtn.She just added on 29k this for 2014. She cannot pay this and has to get a new installmentagreement. She has no pension, no home, no other major assets. .. Can she get out of credit card debt wtih a Chapter 7? She has paid off her principal many times over over the years. She thinks because she makes a decent, if irregular, income, she can't useChapter 7 and will be forced onto payment plan. I suspect because of her age and her lack of assets she could do Chapter 7. Could she get out of credit card debt with Chapter 7? Could she keep her computer for work? How about car/cars? How difficult wouldit be to do? What is the downside for her? Dave

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mmdesq

Attorney

Doctoral Degree

 
868 satisfied customers
Do I get a notice if a creditor wants to garnish my savings?

Do I get a notice if a creditor wants to garnish my savings? I am retired, so I've been told that my pension and social security cannot be garnished.I have a dispute with the creditor -- whom should I contact regarding this liability?

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4,348 satisfied customers
Do I get a notice if a creditor wants to garnish my savings?

Do I get a notice if a creditor wants to garnish my savings? I am retired, so I've been told that my pension and social security cannot be garnished.I have a dispute with the creditor -- whom should I contact regarding this liability?

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37,576 satisfied customers
My husband and I have filed chapter 7 and the original plan

My husband and I have filed for a chapter 7 and the original plan was for us to do this before we filed for divorce (I told him back in Jan. 2015 that I wanted to get a divorce) because our attorney said he would not qualify for a chapter 7 alone becausehis income is to high. I am on SSI disability, so we do qualify together. He has always been emotionally and verbally abusive towards myself and our children. He has also bullied me because my physical condition does not allow me to work or do the things Iused to be able to do at home. My energy and stamina is very low about 75% of the time and I'm in chronic pain. My pain gets worse and is aggravated when he yells at me or my children and especially when he starts in with the above stated abuse towards me.My questions are, #1) Since we have not yet met w/the trustee for our case, but the case has been filed, can I back out of the chapter 7? #2) So if I go ahead and file for the divorce, we obviously will still be responsible for the $74,000.00 in unsecureddebt, during the settlement of the divorce, will the judge split the debt 50/50 or will it be based on my disability + child support+ spousal support income (I will be entitled to once our divorce is final). verses his income which is $140,000.00/yr.(His salarybased before paying any support to me)? #3. He has already opened a new bank account which he has had his direct deposit changed to be put this account, which I have no access. Is this legal for him to do this since we are still married and we have sharedthe same account for the 15yrs we have been married? He has done many things financially behind my back and continues to be abusive to me, so this is why I'm thinking, why should I do him any favors by going along with the chapter 7. I have NO family livinganymore and none of my friends are in a financial place to help me. I'm just wondering what the best thing for me to do is and am in need of the legal answers the above questions? If you can't answer all of them can you find out the answers from a family attorney?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

 
104,286 satisfied customers
My ex-husband is filing chapter 7 bankruptcy in Pennsylvania

My ex-husband is filing chapter 7 bankruptcy in Pennsylvania and I have received a notice for the meeting of creditors. As part of our divorce his military retirement (pension) was divided and I receive 33% of his total retirement. My attorney for the divorce did not file or request that this pension be paid to me directly by the USAF so my ex-husband has been paying it as alimony since 1996.Can his obligation for this payment be discharged under his bankruptcy and do I need to do anything to protect my right to continue to receive my share of his retirement pay?

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37,576 satisfied customers
I was forced to file Chapter 11 bankruptcy in August 2010.

I was forced to file Chapter 11 bankruptcy in August 2010. In December 2010 I attended a workshop taught by Wells Fargo whistleblower Beth Jacobson and discovered that the POC filed on my case were wrong. 6 banks were all claiming ownership when in fact there were 6 REMIC trusts that owned the mortgage. As I went forward my plan was confirmed but I denied the 6 POC filings since I knew they were to the wrong FEIN and not a REMIC. I made payments per the plan but some banks refused to admit I was right, falsely claim I wasn't making payments and began motion to lift stay. Since I am a real estate investor, former banker, a PI, and was referenced as a "sophisticated investor" in court, I could commit perjury. Finally in 2012 I fought for a dismissal as opposed to risking fraud upon the court, perjury and possibly jail. In 2013 - 2014 the real REMIC owners began updating land records with assignments that confirm most of the mortgages were owned by the REMICs I sited. In November of 2013 I filed a 2nd chapter 11 in a different state, in hopes of AP filings for damages, etc. There was only 1 disputed POC filed in this case by the banks and they cited the REMIC as owner.1. Can I file for civil and/or criminal damages for false filings in 1st bankruptcy?2. Now they are telling the truth, what is the best way to collect 5yrs of damages. lost wages, etc. due to false POC?

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TJ, Esq.

Juris Doctor (JD)

 
10,162 satisfied customers
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