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Auto loan is from 2007/2008 Pawtucket credit union. I live in Rhode Island. Also might have another judgment from a car accident when I had no insurance of my own & was technically at fault. Need to know if both of these will come off with bankruptcy or if I will still be obligated to pay them
![W. J. Winterstein Jr. W. J. Winterstein Jr.](http://justatic.com/profile-images/1410232-1447289145-sl.jpg)
answered on Sep 2, 2024
Validly perfected liens on a debtor's property generally withstand any bankruptcy relief. Note that auto liens are afforded some special rights. The attempted garnishment, however, is a separate matter, and most probably stayed by a bankruptcy filing.
Personal injuries to another... View More
I have one card that pays 1.5% rebate, and I pay off the balance each month. do i have to include it with the other debts?
![W. J. Winterstein Jr. W. J. Winterstein Jr.](http://justatic.com/profile-images/1410232-1447289145-sl.jpg)
answered on Aug 30, 2024
You will have signed the Official Bankruptcy forms that ask you for all debts owed on the date of filing, under penalty of perjury, as of the date of your bankruptcy petition filing, as well as the Statement of Affairs, which ask about past payments of debt.
In addition, all credit card... View More
Is my home, car or income at risk? Will Chapter 7 or 13 be an option?
![Tim Akpinar Tim Akpinar](http://justatic.com/profile-images/1223027-1537137006-sl.jpg)
answered on Aug 28, 2024
They could be at risk. But before pushing the panic button, you could probably make a more well-informed decision if you reviewed things with an attorney. Your post is very brief. An experienced attorney could offer better guidance with knowledge about the accident, the demand, the realistic... View More
I have $133,000 in debt and my credit score is already down to 472.
![W. J. Winterstein Jr. W. J. Winterstein Jr.](http://justatic.com/profile-images/1410232-1447289145-sl.jpg)
answered on Aug 26, 2024
You are eligible for a bankruptcy discharge of debt every eight years.
Use it wisely.
Without a full disclosure of your financial situation, and your prospects for future income, it is not possible to offer a recommendation of bankruptcy, or not.
A key element for you is... View More
![W. J. Winterstein Jr. W. J. Winterstein Jr.](http://justatic.com/profile-images/1410232-1447289145-sl.jpg)
answered on Aug 26, 2024
I'm currently licensed in PA, but have practiced in Georgia, OK, TX, NJ and DE, but not Alabama.
You don't say whether this Notice is in federal court, where the practice is fairly uniform in all States, or the Alabama state court. There's probably some difference.... View More
I paid a contractor 100% upfront. It's been 8 months and they have not done anything. Now I received notice they filed for bankruptcy. Upon further investigation, they have close to 200 creditors, less than $1M in assets and owe $10M. How can I either get them to do the work or give me my... View More
![John Michael Frick John Michael Frick](http://justatic.com/profile-images/320846-1661293018-sl.jpeg)
answered on Aug 21, 2024
Construction payments are trust funds if they are made to a contractor under a construction contract for the improvement of real property in Texas. The contractor is a trustee of those funds until they are earned as provided by the contract and paid or disbursed from the construction account. As... View More
![Tim Akpinar Tim Akpinar](http://justatic.com/profile-images/1223027-1537137006-sl.jpg)
answered on Aug 14, 2024
Attorneys who handle estate-related matters could answer your question best, but you await a response for a week. Your question may have been overlooked in the general "Uncategorized" category. Although some questions do go unanswered on this forum, you could try reposting and adding the... View More
![John Spalding John Spalding](http://justatic.com/profile-images/1671530-1723589503-sl.jpeg)
answered on Aug 7, 2024
With that kind of debt, it's a good idea to reach out to a local bankruptcy attorney to determine what and cannot be discharged and which chapter is appropriate. Not all debts are equal. For instance, priority debts like taxes are treated differently than unsecured debts. There's a lot to... View More
![Tim Akpinar Tim Akpinar](http://justatic.com/profile-images/1223027-1537137006-sl.jpg)
answered on Aug 7, 2024
A Pennsylvania attorney could advise best, but your question remains open for three weeks. You could try reposting under "Collection," and "Bankruptcy." The question may have been overlooked under in the "Uncategorized" heading. Some questions do go unanswered here,... View More
I am a victim of the 2018 Camp Fire. Multiple times the court abused my civil rights. The judge refused to let speak on my behalf, lawyers voted for me with out being a client, bullied by the Tort lawyers, during litigation, and I was forced to represent my self because the lawyers refused to... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jul 28, 2024
I'm really sorry to hear about your experiences with the PG&E Camp Fire litigation. Under California law, you have the right to file a complaint if you believe your civil rights were violated during the legal process. To start, you'll need to document all instances of perceived abuse... View More
Also, what does it mean when you receive a letter from the United States Trustee Office of Estate Planning, about class claims.
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jul 27, 2024
When you receive a letter from the Bankruptcy Court about a Chapter 11, it typically means that a company or individual you have a financial relationship with has filed for reorganization bankruptcy. This type of bankruptcy allows them to restructure their debts while continuing their operations.... View More
I’m filing for chapter 7 bankruptcy and have a few personal loans with collateral that were sold to a third party debt collector. I researched that only unsecured debts would be able to be discharged. But someone told me even though the secured loans were sold to a third party debt collector they... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jul 24, 2024
When you file for Chapter 7 bankruptcy, the discharge generally applies to unsecured debts. Secured debts, which are loans backed by collateral, typically aren't discharged because the lender has a claim on the collateral. If the secured loan has been sold to a third-party debt collector, the... View More
The current vehicle I don’t want stuck with for 7 years with ch 7 b/c it’s worth more than what’s owed.
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jul 24, 2024
Getting a new vehicle before filing for Chapter 7 bankruptcy can be risky. When you file for Chapter 7, your assets, including a new car, become part of the bankruptcy estate. The trustee might view the new vehicle as an attempt to protect an asset from creditors, which could complicate your... View More
I am looking into joining a debt relief program and before doing so, I am concerned that not paying/defaulting one of my unsecured credit card debts that will be included in the program with Chase Bank will then cause them to repo my vehicle which is also a lease through Chase Bank. I also have a... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jul 24, 2024
When you default on an unsecured credit card, it doesn’t automatically lead to the repossession of your leased vehicle. Typically, the repossession of a vehicle is associated with missed payments on the auto lease itself, not other unrelated debts. However, banks can cross-check their records,... View More
I have an open chapter 13 bankruptcy. I spoke with my lawyers office several months ago about purchasing a home. They explained that I would need to make closing 45 days from the contract. I went under contract on 6/25. Lawyers office said they needed my payment and mortgage paperwork by 6/26 for a... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jul 21, 2024
You may have grounds for a legal malpractice claim against your attorney if you can prove they were negligent in handling your case. Documenting all your communications and the timeline of events is crucial. The fact that they delayed filing and miscalculated your payments for three years could be... View More
and if yes how do I caculate severence owed?
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jul 21, 2024
Yes, you can include severance in the wages owed when filing a proof of claim form against your employer who filed for Chapter 7 bankruptcy. Severance pay is typically considered part of wages and can be claimed as such.
To calculate the severance owed, refer to your employment contract or... View More
For 6 months more for free...can you file bankruptcy in June and have a judgment in July...I need her out I could lose my house...plus her paperwork wasn't official documents...it was hand written
![Leonard R. Boyer Leonard R. Boyer](http://justatic.com/profile-images/1501400-1618576896-sl.jpeg)
answered on Jul 3, 2024
You need to retain an experienced Bankruptcy attorney to file a Motion to Vacate the automatic stay and if you have not done so already, then you need to have the attorney file a proof of claim. Once the automatic stay is vacated, then you need to retain a landlord tenant attorney to get this... View More
I filled bannkrupy by myself may 17. Landlord was very much aware of my bankruptcy. Landlord filed evictions on me June the 7th with no premision from the court. I got served with eviction papers June 11. Landlord filed a motion to dismiss the eviction the day before eviction court but I still went... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jul 2, 2024
Based on the information provided, it appears that your landlord may have indeed violated the automatic stay that goes into effect when you file for bankruptcy. Let's break this down:
1. You filed for bankruptcy on May 17.
2. The automatic stay goes into effect immediately upon... View More
I am divorced but I can't get my ex to finish the ED. It's been 4 years already and there's always a "reason" for it to be continued when we go to court for it.
He hasn't lived here in 5 years. I pay all the bills, live here with the kids and he is not... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jul 2, 2024
This is a complex situation involving divorce, equitable distribution (ED), and bankruptcy law. Here's a general overview of steps you might consider, but please note that you should consult with a local attorney who specializes in both family law and bankruptcy for specific advice:
1.... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jul 2, 2024
Based on the information provided, here's a concise response to the question:
In Oregon, you may be able to charge the $2000 repair cost for your 17-year-old car worth $3600, but it depends on several factors:
1. Bankruptcy exemptions: Oregon allows you to exempt up to $3,000... View More
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