Bankruptcy question. • An unlawful Detainer action is
Bankruptcy question.• An unlawful Detainer action is currently in play.• One of the Defendants in the eviction was in a bankruptcy before the filing of the UD. Took place.• The Bankruptcy has just closed.1.) QUESTION: Even though the BK has now expired the Defendant can still bring a motion inthe UD court to dismiss the UD case base on the fact that it was filed during the time that the Defendant was in a BK. CORRECT?2.) ALSO even if Plaintiff was not advised of the BK, the UD would still need to be dismissed? CORRECT?
Its not really a bankruptcy question. Its more on
its not really a bankruptcy question. Its more on garnishments and judgments. Is Mr. Terry still the right lawyer to talk to?JA: What state are you in? And has anything been officially filed?Customer: Arkansas. and yesJA: Have you talked to a lawyer yet?Customer: nobody open on the days im available. I live in rural arkansas and we literally have 2 lawyers. One is half deaf :/JA: Anything else you think the lawyer should know?Customer: Does Mr Terry deal with garnishments & judgements or?
I might have to file Chapter 7,in Illinois. I own a
I might have to file for Bankrupcy Chapter 7,in Illinois.I own a property/condominium.The Exempt Equity in IL is $15000.If I have any equity remaining(after deduction of $15000 Exempt Equity),can I just ask the trustee that I can borrow money from family and friends,and pay the Equity amount,so that I can keep my home?Will they give me priority in paying,or they would just foreclose and sell it?
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,
1. Bankruptcy - How do I determine the amount creditors are
1. Bankruptcy - How do I determine the amount creditors are getting paid out of the monies I send to the trustee each month? My attorney refuses to give me this information and this info is not on Pacer.2. When I filed for chapter 13 bankruptcy in January 2016, I indicated in my initial application there were five disputed claims. I also discussed these disputed claims with my attorney and provided him with all supporting documentation for this dispute. I just discovered my attorney failed to file any objections regarding these disputed claims. Confirmation hearing is scheduled for Aug 4th. Should I ask the court to reschedule the confirmation hearing so these objections can be filed first?3. Can I circumvent my attorney and file these objections myself? My other bankruptcy attorney friend promised to help me but I do not want to frustrate the court or do anything that will jeopardize getting my plan confirmed.4. Will the Ch 13 trustee or court view me disfavorably if I fire my $4500 attorney at this point?5. Former employer owes me $27850 in unpaid wages. How can I use my Ch 13 case to get this $27850 if this employer ever files for bankruptcy?6.My attorney refuses to give me copies of my file unless I pay him $.50/page for copying fees. That's an additional $385. Is this reasonable?
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.
Because I have income through self-employment I need to know
Because I have income through self-employment I need to know if Utah's laws consider my self-employment income as “wages” that are entitled to exemptions usually given to a traditional employee whose income is garnished.Even if Utah's laws will not exempt some of my self-employment income, does federal law still provide me some relief because the Consumer Credit Protection Act's definition of “earnings” may be broader than what Utah State might define as “wages,” and can include the income that I make as a self-employed person.