Quick Answers to Bankruptcy Questions & Understand How Bankruptcy Laws Affect You

Archive for April, 2009

Should I help my parents with the down payment on their new home?

Monday, April 13th, 2009
bankruptcy law

I am in my last year of law school, still searching for a post-graduation job. When my parents filed for bankruptcy, they were allowed to stop paying on their home morgage (around $1200 a month) under the Bankruptcy Code. This “automatic stay” has been in place since my dad filed, a total of 6 months. Hence, for 6 months my parents have been living in their house that is about to be foreclosed by the bankruptcy courts without paying a morgage. You think they would have saved money for moving right? NOPE. They don’t have a dime!
I am a LOT wiser with my money. I have a $5000 mutual fund account, over $3000 in savings, 2 jobs in which I place “extra” money in money market account.
They have paid my car note and insurance ever since I have been in law school. I feel that I should help them with their down payment on their new house but I am scared because they are not financially responsible and I need that money to pay for bar dues, bar classes, the bar itself, moving expenses, etc.

Has anyone had to file bankruptcy since the new law went into effect?

Sunday, April 12th, 2009
bankruptcy law

I live in NY….and have had some unfortunate financial difficulties, and very well may have to file. I’ve looked into the debt settlement companies, but the monthly payments are not what I can work with. With the new law…can I reaffirm with my auto loan, and keep my house? Any advise given from previous experience will be greatly appreciated.

Why do religions deserve more respect than other preferences, such as dietary choice?

Sunday, April 12th, 2009
bankruptcy law

Why can I make fun of people eating escargot (snails, French) or haggas (sheep organs, Scottish) and no one bats an eye; but ridicule elements of a religious faith and you’re accused of being intollerant? Why can we tell someone not to wear stripes with plaid, but encouraging someone to re-evaluate their faith is considered poor taste?

In a free society, we need to be able to criticize Islam’s Shariah Law for its harshness and inequity, fundamentalist Christianity for its intellectual bankruptcy, Buddhism for its focus on enlightenment over a social conscience, Hinduism for the caste system, agnosticism for its lack of specificity, orthodox Judaism for mind-numbing kosher rules, atheism for overemphasizing intellect over relationships, etc., etc., etc…..

Why is religion set aside as immune from normal human corrective conversation, which is what can unite us rather than divide us?

Does anyone know how to keep your car in a chapter 7 bankruptcy?

Thursday, April 9th, 2009
bankruptcy law

My husband and I are filing joint bankruptcy pro se (self filing). He has a old truck we own free and clear. I have a car that is worth about 4000 that I owe $300 that is past due on. I know we are only allowed $1250 for a vehicle. Is that each or total? What is the law or exemption that will let me keep my car? Any ideas or suggestions? Does anyone know where you can find bankruptcy laws like that without a lawyer? Thanks!!
I know about reaffirming but I only owe $300 and that is past due. Can I still reaffirm on that?

Has anyone filed bankruptcy since the laws changed?

Wednesday, April 8th, 2009
bankruptcy law

I’d like to know what you went through. Also, has anyone used the services of Debt Consolidators or Debt Settlement? How did that turn out? Serious answers only please. Don’t get cheesy and go for the points!

Has a UK MP ever been a former bankrupt?

Wednesday, April 8th, 2009
bankruptcy law

Has a member of parliament (mp) in the UK ever been declared bankrupt earlier in his/her life?

1. I realise under UK bankrupcy law an individual cannot be an mp until they are discharged from bankruptcy. (Which takes 12 months from them being made bankrupt).

2. Please note I’m intrested in finding out the names of people who were made bankrupt, discharged and then went on to become mps. (I’m not intrested in people who were mps then became bankrupt!)

Many thanks everyone for your kind assistance.

Regards

Duncan Mckay

Mortgage loan not reaffirmed in bankruptcy by lawyer error. This makes our credit rating even worse-now what?

Wednesday, April 8th, 2009
bankruptcy law

We filed BK-7 in Kansas b4 the new laws took effect. Our attorney knew we wanted 2 reaffirm our home loan and we signed the Stmt of Intent form and it is noted in the creditor matrix. After we rcv’d a discharge we assumed our home loan was reaffirmed. WRONG! The ball got dropped by our attny and/or Wells Fargo so the loan got DISCHARGED in error. We’ve made our payments on this loan faithfully b4 and after our bankruptcy because we knew we wanted it reaffirmed and we thought it was reaffirmed for the last 2 years! Now Wells Fargo just shows our loan as DISCHARGED IN BK-7. We have filed 3 credit report disputes trying 2 get them 2 show that we’ve paid our pmts on time 2 help boost our credit rating and they keep side stepping our request. We are in the process of trying 2 sell this house and it is sitting on the not-so-good RE market. WHAT HAPPENS CREDIT WISE IF WE TELL WELLS FARGO THAT THEY CAN HAVE THEIR HOUSE BACK AND SELL IT THEMSELVES? Can our attny be held liable for this?!
The form that we signed is called a Statement of Intent form that showed our complete intention to reaffirm that debt. The lawyer basically admitted that they normally send a separate mailing regarding reaffirmation requests, and they did NOT do that in our case. And as far as us making sure that debt was reaffirmed before the discharge– we thought our lawyer took care of that for us. That is what we paid them to do. We put too much trust in them, obviously. It was indeed an error of judgement to trust them completely. You wouldn’t think you’d need to babysit your lawyer for crying out loud!
Will any sort of notes about a foreclosure be added to our credit reports if we were to walk away from our home loan, or would it just stay as “Discharged in BK-7″? We even hate to walk away from our home loan because we R trying 2 build our credit back up, but Wells Fargo refuses 2 work with us and show on our credit report that we’ve faithfully made our pmts on time b4 and after the BK!

Ex-Brother-in-law – Bankruptcy Fraud?

Tuesday, April 7th, 2009
bankruptcy law

Sister’s ex-husband is declaring bankruptcy but doing so fraudulantly. We know he is b/c when they settled their divorce he said he couldn’t get any credit to take over his portion of their debt – 90% of it’s in my sisters name. They settled and he was to make payments to her for so many years.

The same week that their divorce gets finalized he declares bankruptcy for reasons of the divorce debts and overextending of his credit caused him to seek bankruptcy. On-top of which he says he lives alone but know he doesn’t because that’s one of the reasons my sister divorced him – he had an affair and moved in with her. She had proof.

Let’s just put it this way. He’s accumulated $60,000 worth of debt in 5 months (on top of the debt he owes my sister) and claims to have no assets. On top of which his mistress and parents were joint card holders of most of his credit cards but not listed in his bankruptcy papers.

Any ideas how we can make sure he doesn’t get away this fraud?

what are the new bankruptcy laws?

Monday, April 6th, 2009
bankruptcy law

will I lose my home if I file bankruptcy?

did the president of the united states change the bankruptcy law to protect this country?

Monday, April 6th, 2009
bankruptcy law

president bush aside the fact he is was and will be the worse president on record..he changed the constitution of this country..see fourth amendment..he passed a bill the patriot act to further limit freedom in this country..he passed the bankruptcy law to further the economy into a disastrous failure..and eliminating funding for education..health care,and even “borrowed” from social security to support his war in iraq and then smiles while he leads the band!
before you die hard republicans go and bury your head in the sand box, this country spent over trillion and trillions lost gone not come back as with our finest troops and george bush was president or did we forget what bill clinton left that republican..now look at what the democrats have to repair. now go do your home work..we don’t need Bill Mcbush to further all of george bushes deeds.