Join the 9 million people who found a smarter way to get Expert help

Recent Presumption of Abuse questions

I am a small business owner who provided landscape services

I am a small business owner who provided landscape services for a customer who authorized her job on 05/08/15 as quoted, and between the dates of her authorizing the job, she called our office multiple times to find out how soon we would get to her job, and added more work to the job just prior to our company arriving to complete her work on 7/15/15. She was mailed her Invoice for the work completed on 7/20/15. She never paid the Invoice and then filed for Chapter 7 Bankruptcy on August 11,2015. I beleive she knew exactly what she was planning, an used our services to complete all this work for her knowing she was going to file bankruptcy within 3wks after she received her invoice. She had ample time (2months) in fact from the time she authorized her work to the time the work was started. She could have at anytime, cancelled her job prior to our start date. But instead, she added more work to the original job quote, during that 2 months. and then, as soon as the job is complete and she gets the bill, she files Chapter 7 Bankruptcy. She knew she had no intention of paying for services rendered. Please let me know what I can do to fight this type of fraud and abuse. I live in Southern IN.Any suggestions????

Read more

Roger

Litigation Attorney

Doctoral Degree

33,574 satisfied customers
I am considering filing Chapter 7 Bankruptcy. I am eligible

I am considering filing Chapter 7 Bankruptcy. I am eligible to retire and receive Social Security benefits. Should I declare bankruptcy before beginning to receive social security benefits, or does it matter?

Read more

WALLSTREETESQ

Attorney

Doctoral Degree

18,054 satisfied customers
Locked by Customer Service

When I filed my chapter 13 bankruptcy I was currently employed. Had huge credit card debt and money was being taken out of my paychecks to repay 401k loans back to myself eventually leaving me with not a lot of take home pay and it was a viscious circle borrowing to pay bills and live. That was the principal reason for filing bankruptcy.When the meeting of the creditors (a month an a half later) occured I was no longer employed. I represented myself, answered all the questions and no creditors showed up.Two weeks later without any income I decided to withdraw my 401k funds to live on and have on hand to pay upcoming large court costs, etc. I just received a lettter from the court that they intend to file a Notice of Presumption of Abuse and are now asking for all my pay statements, bank accounts etc. again. After some online research I think my 401K funds in my bank account are now jeopardized. My debt is all credit card debt, I don't own a home or have car payments and my monthy expenses are very minimal. I don't mind paying my creditors but want to do it on my terms because I will have to pay taxes on early withdrawal of 401K funds etc.and don't know what that's gong to be plus as I said in the process of a court case against me which will result in huge fines, etc. So I want to have to those funds available and don't want the bankruptcy court to order me to pay some huge amount. The amount in the bank would pay alll my creditors in full but would leave me with nothiing.What happens with the 401k fund in my bank account and if the Presumption of Abuse goes through then what happens. If I don't provide the court with the documents asked for within the time frame does my case get dismissed? If so, then what happens? Or can I dismiss the case and withdraw the funds from my bank account, which will stop the creditor from maybe freezing my account and try and work with my creditors myself?Help!! Thank you for any insight...

Read more

37,942 satisfied customers
When reading through the code for BK chapter 13, I noted that

When reading through the code for BK chapter 13, I noted that it said non-secured debt can't be over approx $383K and secured debt not over approx $1.15m.If there are judgements against the person that are only there due to personally guaranteeing a company's loan (used to be his company, isn't anymore), is that still included in the "not over $1.15m category?What happens if unsecured is over $383 and/or secured is over $1.15?

Read more

Phillips Esq.

Attorney

Juris Doctor

18,312 satisfied customers
As stated in previous questions, I have a NY bankruptcy attorney

As stated in previous questions, I have a NY bankruptcy attorney who is concerned that even though my business debt substantially exceeds our consumer debt, ($744K consumer - including mortgages on primary residence -vs. $823K - investment property debt) my high income might be a Chapter 7 "deal killer." However, when I spoke with a good friend who is a FL bankruptcy court trustee, he seemed to think that once we submitted the petition as a "business debt" our income would be "irrelevant." He then referred me to a trusted attorney friend in Florida who, surprisingly, voiced the same income concerns as our New York attorney(?)So my specific question is: Is this matter of income beyond the means test and beyond the business debt test all simply a matter of the Judge's discretion? Or is there some Federal statute that govern who qualifies for a Chapter 7 business bankruptcy based on income?If it helps: Our net income as stated on Schedule J is $5,825. This total does not include a monthly IRS tax installment payment of $500, my daughter's private school tuition of $980, and my son's car lease payment of $249. I also have to make 12 installment payments of $3,611.00 per month to pay the balance of my son's annual college tuition after financial aid!The last part of my question is although I work and live in NY, our family still has a formal footprint in FL since both our children are in FL (my daughter is in her last year of high school) and we are back and forth regularly. In fact, my wife still has her FL driver license and spends several months a year there. Could we legitimately include the cost of renting property for my wife and daughter to live in as part of our monthly expenses when we submit the petition if net income is in fact a real issue? Alternatively, if we could negotiate a loan recast with the first mortgage holder, we were thinking about keeping our residence and resume paying the modified mortgage.Thanks

Read more

5,058 satisfied customers
I was injured at work 2-8-2007 I am 60 years and 8 months old

I was injured at work 2-8-2007 I am 60 years and 8 months old my case was settle in Sept.2008.My expense for each month including the mortgage since 2005 are $5,000. I did not find any jobs and I am Unemployed since my injury at work.I am in a very difficolt situation because my liquidity in a couple of months will be gone. I am a very responsible person exemple my mortgage was finalized in 2005 and my gross incame was about $130,000 per year and so 2004 and 2003. In 9 months starting in April May I lost my part time business with the post office and in February I lost my job because an accident on the job. Finally the question: at this point and time what is my best course of action? Considering I can not find a paying job. Wich expert I direct my question?

Read more

Brent Blanchard

Solo Practitioner

Doctoral Degree

1,666 satisfied customers
I live in Texas and 7 yrs ago I had to file for bankruptcy

I live in Texas and 7 yrs ago I had to file for bankruptcy chp13 anyway I got discharged after 5 yrs and paid everything I was suppose to under the bankruptcy. Soon after I start getting a ourstanding bill from my HOA claiming I owe them 1500. I went to a lawyer and he said it would be no problem because if they were included in my bankruptcy the should have already been paid. I left it at that. I hadn't heard anything about it and @14 months later which brings me to the present I get a letter stating that I had a default judgement against me to the tune of 4600. now the are able to foreclose on my house. my question is the can they do that? can I sue the HOA? I FEEL LIKE IM GOING THROUGH THIS ALL OVER AGAIN

Read more

TJ, Esq.

Juris Doctor (JD)

10,834 satisfied customers
I have a lot of health problems right now and have been out

I have a lot of health problems right now and have been out of work for 6 months. I have been able to keep payments up with my in-laws help but can no longer do that. To make it until I get back on my feet it looks like my husband and I need to get rid of two payments, a truck and a motorcycle. A bankruptcy attorney said we would have to file bankruptcy to keep my husband from also losing his truck he is making payments on. Is it true that they could take his truck too to satisfy the debt on the other vehicles?JA: What state is this in? And how old is the truck?Customer: We are in Texas. My husband's truck is a 2016 that he uses to drive to his work as a carpet installerJA: Has anything been filed or reported?Customer: Not yetJA: Anything else you want the lawyer to know before I connect you?Customer: I don't think so - we live with his parents so have no house

Read more

Law Educator, Esq.

Attorney At Law

Doctoral Degree

107,984 satisfied customers
I hired an attorney to handle a case for me. #1. even though

I hired an attorney to handle a case for me. #1. even though I filed BK to have him help me save my home that was being foreclosed on he still lost it. He forgot to put my house on the plan. #2. I was not discharged from my BK. Two very important things he didn't do for me! How much time do I have to go after him for misrepresentation/not doing his job right? Please don't tell me that there is a time limit.

Read more

DrakeLAW

Juris Doctorate

622 satisfied customers
View more bankruptcy law questions
In The News