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Bankruptcy Law

Can I file bankruptcy without losing my house or cars? JA:

Customer Question
can I file bankruptcy without...
can I file bankruptcy without losing my house or cars?
JA: The Bankruptcy Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: no
JA: 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 approximately $14,000 in collections and about $3500 in credit card debt and am struggling to make my mortgage payments and my ex-wife is taking me back to court over the collection account that was court ordered for me to pay and I can't afford to pay it.
JA: So many people have lost everything over the last few years. The Bankruptcy Lawyer's on JustAnswer helped me hang onto my house. Is there anything else the Bankruptcy Lawyer should be aware of?
Customer: I dont think so
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.
Submitted: 1 year ago.Category: Bankruptcy Law
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Answered in 12 minutes by:
5/12/2016
Bankruptcy Lawyer: Irwin Law, Attorney replied 1 year ago
Irwin Law
Irwin Law, Attorney
Category: Bankruptcy Law
Satisfied Customers: 7,474
Experience: Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
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I don't know what court you will be filing bankruptcy in. Different states have different exemptions for bankruptcies. Some have an exemption for an automobile that the person uses to get to and from work. I do know that you can keep your home simply by continuing to make the mortgage payments after the bankruptcy has been filed. The difficulty that I see in your case is that the divorce court has ordered you to pay certain bills, and if you do not do so you can be held in contempt of court. Bankruptcy filing might not excuse you from that obligation. It depends on the nature of the court order. Find no what court your you are filing in, I might be able to give you a more precise answer.
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Customer reply replied 1 year ago
The court would be Schoharie County court. Schoharie, NY
Bankruptcy Lawyer: Irwin Law, Attorney replied 1 year ago
Thanks for the additional information. This is a summary of possible exemptions under both federal bankruptcy law and NY State law: http://www.nolo.com/legal-encyclopedia/new-york-bankruptcy-exemptions.html Regarding the credit card debt that you were ordered to pay by the divorce decree, you will want to read this note:http://www.bankrate.com/finance/debt/debts-wiped-bankruptcy.aspx I hope that this has been helpful.Please don't forget to enter a rating by clicking on one of the five boxes at the top of this reply. We are not employees of Just Answer, and only receive credit for assisting you when the rating is positive.
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Bankruptcy Lawyer: Irwin Law, Attorney replied 1 year ago
Please don't forget to enter a rating by clicking on one of the five boxes at the top of this reply. We are not employees of Just Answer, and only receive credit for assisting you when the rating is positive.
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Irwin Law
Irwin Law
Irwin Law, Attorney
Category: Bankruptcy Law
Satisfied Customers: 7,474
7,474 Satisfied Customers
Experience: Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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