What would you like to do?
Can you discharge divorce attorney fees in bankruptcy?
Answer The banruptcy will have to be refiled according to the time limit imposed on the type of BK which was dismissed with or w/o prejudice.
It depends what kind of bankruptcy you are talking about. Most individuals file for chapter 7, so I'll assume you are talking about Ch 7. In the vast majority of those cases, …the SBA loan is discharged along with all the other unsecured debt. Many people confuse SBA loans with federally backed student loan debt, and they are not the same. SBA debt is treated just like any other debt in a bankruptcy. The unique feature about SBA debt is that they have a settlement process (known as the Offer In Compromise) that allows borrowers to settle their debt without resorting to bankruptcy. - Distressed Loan Advisors
Your best bet is to contact you local Bar Association for a lawyerthat works with low-income persons or they may have names oflawyers that are willing to waive the retainer an…d be paid at alater date. If you have been without work, or are a mother withchildren and have no money you can phone "legal aid" (it's in yourphone book and if you can't find it ask the operator and they'llgive you the number.) If you go into most book shops you can find a book on "How to get aDivorce" that will give you guidelines to let you know what to do.You can actually file to the courts for a divorce and bypass thelawyer. If there are children, a lot of property or a businessinvolved it's best to go straight to a lawyer. Also, some lawyers will give you anywhere from 1/2 hour to a fullhour of free legal advice. Ask your friends or family if they knowof anyone.
After you go to court and meet with the bankruptcy trustees, it should only take about 60-90 days to discharge all debts. You have to take the pre-discharge debt managemnt cla…ss first before any debt is discharged because the bankruptcy laws have changed.
Chapter 13 bankruptcy involves filing a plan with the bankruptcy court suggesting how you will repay your debt. Some debts must be repaid in full while others require only a p…ercentage or nothing at all. Debtors are subject to a very strict budget and repayment plan and when you are done paying all the debts the court determined you owed, then you are discharged. This information should be in your court papers.
Answer Yes, for some reasons. You have to file a Motion to Reopen and pay the court the reopen fee which is currently $260 as of 5/12/07, plus whatever your attorney ch…arges you. Here's a NON-exaustive list of common reasons people might want to reopen a bankruptcy case: You CAN usually reopen a case to: 1. Add creditors to a Chapter 7 NO ASSET case (as long as the debt was incurred before the date the bankruptcy petition was originally filed, unless it was a Ch 13 converted to Ch 7, in which case the debt had to have been incurred before the case was converted to Ch 7) 2. File Motion to Avoid Judgment Lien if that lien was not avoided during the case You can NOT usually reopen a case to: 1. Add creditors to a Chapter 13 or Chapter 7 ASSET case 2. File a reaffirmation agreement 3. File an action against the debtor Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts and law, which I do not warrant, and I am not suggesting any course of action or inaction to any person. Speak to a lawyer for specific advice. If you have any questions, please refer to a lawyer in your jurisdiction. Thanks!
Answer About 4 to 6 months. I think it depends on the courts case load. Any change in circumstance may prolong the action. For instance, an amended petitio…n has to be seen again by the trustee and creditors must be notified a second time regarding that change.
Answer One way would be to go in person and checking with the local courthouse in the city/state in which it was filed. Another would be to order a copy o…f your free annual credit report.
After a bankruptcy order is made the official receiver becomes the receiver and manager of the bankrupt's estate. The estate is administered by a trustee in bankruptcy who may… be either a qualified insolvency practitioner or the official receiver. On his appointment the debtor's estate vests automatically in the trustee who is then responsible for the administration of the estate. The estate is made up of all of the bankrupt's assets and the bankrupt is usually automatically discharged after three years except in certain circumstances. Answer Exemptions under Federal law, which may change a little in State applications by the Federal BK Court you file in: Personal and Real Property:(1) Household: Up to $425.00 per item not to exceed a total of $8,625.00 (includes animals, appliances, books, crops, furnishings, household goods, clothing, musical instruments)(2) Jewelry: Up to $1,075.00(3) Vehicles: Up to $2,575.00(4) Work tools (implements, books and tools of trade): Up to $1,625.00(5) Health aides (wheelchair, etc.): Unlimited(6) Burial plot: Up to $16,500.00 (in lieu of real estate exemption)(7) Real estate (house, co-op or mobile home): Up to $16,150.00(8) Any property: Up to $8,075.00 of unused portion of real estate exemption Wages, Pensions, Recoveries and Benefits:(1) Wages: None(2) Wrongful death funds: Amount needed for support(3) Personal injury funds: Up to $16,500.00 (excluding that for pain and suffering or pecuniary loss)(4) Lost earnings payments: Unlimited amount(5) Retirement benefits: Amount needed for support(6) Alimony / child support: Amount needed for support(7) Unemployment compensation: Unlimited amount(8) Veterans benefits: Unlimited amount(9) Social security benefits: Unlimited amount(10) Public assistance: Unlimited amount(11) Crime victims compensation: Unlimited amount Insurance:(1) Disability: Unlimited amount(2) Unemployment benefits: Unlimited amount(3) Unmatured life insurance: Unlimited amount(4) Life insurance policy loan value, dividends or interest: Up to $8,625 (5) Life insurance proceeds: Amount needed for support If you're doing a Chapter 7 bankruptcy, you can't discharge: * Taxes and tax liens * Student loans * Domestic support obligations (child support and alimony) * Luxury goods over $500 purchased within 90 days of filing * Fines or penalties of government agencies * Cash advances of more than $750 taken within 70 days of filing * Fraudulent debts * Willful or malicious injury to another * Death or personal injury from the operation of a motor vehicle, aircraft or vessel while intoxicated * Condominium or cooperative association fees * Debts not listed on your schedules Debts arising from fraud or maliciousness are not automatically excepted from discharge. The creditor must make a request to the court to except these types of obligations; otherwise they will be discharged.
You have to provide the court with a list of all your creditors, called the creditor matrix, which the court uses to send notice to all creditors.
it all depends... what type of bankruptcy and whether you've been to court already, and what youre debtors are thinking... file to hearing 3 months, and then a waiting period,… so to get the papers after that, atleast another 6/8 wks.
If you paid the attorney retainer fee for bankruptcy and before filing the bankruptcy laws change can the attorney then increase the total amount to file bankruptcy?
Answer It depends. If the fee was paid and the client did everything they were supposed to do, such as give the attorney all of the documents needed… to file the bankruptcy, paid in full before the law change, did not change their contact info without telling the attorney, etc, and the attorney simply failed to get the petition filed, then I believe the client would have a good argument for malpractice to persuade the attorney to do it for the same price as before the law changed. However, if the client failed to provide all of the documentation or do something else he or she needed to do to allow the attorney to prepare the petition, or failed to go to the attorneys office to sign the petition prior to filing, or moved without advising the attorney of where they moved to so the attorney was unable to contact them to hurry and file, etc, then the attorney can adjust his or her fees based on the new climate in which the case will be filed. Certainly since the bankruptcy law changed effective 10/17/05, the amount of work an attorney has to do has increased dramatically. Also, the filing fee the court charges has gone up. Hope this helps! Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts and law, which I do not warrant, and I am not suggesting any course of action or inaction to any person. Speak to a lawyer for specific advice. Thanks!
Perhaps the pure answer is Yes, BK courts have great authority on being able to discharge debts, incurred pre-petition, in accord with established priorities of claims. So, th…ings like administrative fee's for the bankruptcy are normally paid in full, regardless. Will the Court discharge another attorney's fees, incurred while essentially doing things favorable to the party and the debtors (that is assuring all rights to deserved money is received), regardless of when incurred, is another question. And clearly, any attorney is generally well equipped to defend his right to collection and support why he should be paid before others. And I suspect, to assure you get a favorable result from the BK (which may not be the process your thinking) you would need to hire another lawyer to handle the BK process, and pay their fees. The correct answer is that an attorney representing a disabled client in a Social Security Disability claim or appeal will receive one-third of the amount owed from the date the claim was filed to the date it was allowed. This is a lien on the arrears and it will not be discharged in a bankruptcy.
It's probably easier to list what can't be discharged. In the two types of personal bankruptcy here is a list of what cannot be discharged: In a Chapter 7 case, the most comm…on types of debts that can't be discharged are:Taxes and tax liensStudent loansAlimony and child support (domestic support obligations)Debts obtained through fraud, false pretenses or false representationDebts you failed to schedule in time to allow creditors to file proofs of claim (unscheduled debts)Debts for fraud while you were acting in a fiduciary capacity, or for embezzlement or larcenyDebts for willful and malicious injuryDebts for fines or penalties to governmental unitsDebts for judgments in wrongful death or personal injury lawsuits resulting from motor vehicle, vessel or aircraft accidents while you were intoxicatedCondominium or cooperative association fees or assessments If your bankruptcy case is under Chapter 13, you won't be discharged from the following types of debts:Child support and alimony (domestic support obligations)Student loansFines and restitutionCertain taxes, such as withholding taxes if you had employees, or taxes connected to fraudulent tax returns or tax evasionDebts incurred through fraudDebts for fraud while you were acting in a fiduciary capacity, or for embezzlement or larcenyDebts for willful and malicious injuryJudgments in wrongful death or personal injury cases arising from your intoxicationUnscheduled debtsDebts incurred after filing your case, which weren't included in your Chapter 13 planDebts that are nondischargeable under other laws, for example amounts owed for certain health education programsInterest owed on nondischargeable debts
We were granted a chapter 13 over a year ago in which we surrendered out house. The lender, GMAC, has not sold the home, but keeps putting if on the market and taking it off. …No one has lived there for the last two years, yet our HOA still expects us to pay for the road maintenance fees - even though we no longer even drive there or live there. Is this right? What can we do? Sorry, but when I tried to enter this in as a question, it kept cutting me off after just the first two sentences.
The creditor reports to the credit reporting bureau(s) they belong to that the debt has been listed in a bankruptcy in which a discharge has been granted. Strictly speaking,… any debt that a creditor does not challenge in timely fashion is probably discharged, unless the debtor has committed fraud during the bankruptcy. The court does not specifically determine that a debt is discharged unless an adversarial action involving the discharge of that debt has been heard and a decision by the court has been made.