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If you owe back rent can it be added to your bankruptcy claim?
I honestly used this site once, thinking that a professional was answering the questons, so my question still isn't answered. But I do know that it can be added butwould be very hard to get back into any apartment in the future.
You need to consult your bankruptcy attorney for an answer to this. The answer would depend on where you are in the process of the bankruptcy; drawing up the papers, already filed, had a trustee assigned or already discharged.
A rule of thumb is to add ANY account or money owing to your bankruptcy request. The idea is that you want to show the trustee how overwhelming your debt is. Not everything listed is necessarily discharged, and it may be that your present rent will be excluded. Once again, you need to check with your attorney who should be familiar with the allowances and exclusions.
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Answer Yes they can. They can put it in the hands of a Debt Collector (small debts) and even take you to court. It would be to your best interest to quit… running from your problem and try to work out something with the Property Manager. By running, they'll just catch up to you eventually. Face your consequences and hopefully you have a good reason for being behind in your rent. Always make good on your debts even if you have to bargain to pay that debt off! Answer When someone wins a lawsuit, one option is to seek payment through through the method you described.
Yes, it will. You only have to pay secured debts in Chp 13 and everything is wiped out in Chp 7.
Yes you can. There is no legal base for a Bank to fire you for filing bankruptcy..... Filing bankruptcy is not a crime..... I even know people that got hired to work at the Ba…nk after they had filed Chapter 13. I had to file chapter 13 after my divorce and got a raise couple months later at the bank. Not because I filed bankruptcy or because they would have felt sorry for me about getting divorce but because my job performance.
Yes, but you may want to avoid hiring an expensive lawyer to do it. It could cost almost as much as you owe. Look for a low-cost lawyer or, in states that allow them, a parale…gal who can prepare the documents.
Generally he can go back as far as you owe the rent. But a landlord can only evict you for not paying the rent, not for money that you owe for back rent. If your landlord acce…pts your money for the correct amount of rent, he cannot evict you for the back amount, but he can sue you for that.
no bankruptcy will actually let you get an apartment after you have filed for it
Yes, as a general rule. Taxes of all kinds are not discharged by the bankruptcy process. That means, when it's all over with bankruptcy, you still owe taxes to the f…ederal gorvernment, and any other government. In short, fiiling a petition in bankruptcy and a subsequent discharge will not get you out of paying taxes to the government. It's really easy to filing a petition in bankruptcy; it's very expensive not to do it right; the Bankruptcy Court is just not the same as your Magistrate's court, or the small-claim's court. It's very expensive to do it wrong and you cant do it but every so often (time limits: you just have to see the code. If you have a bankruptcy sitution you really need to see a lawyer who works with bankruptcy.
Yes. I suggest small claims court, which is quick, easy, informal, and requires no legal expertise or attorney. A small claims judgment can be collected in the same ways as a …general court judgment. Note that small claims has a jurisdictional limit (usually around $4,000) so if the tenant owes more than the limit, you will need to retain an attorney and go to a court of general jurisdiction in the county. Some cities also have arbitration boards for tenant / landlord disputes which are quicker and cheaper and the decision is as enforcable as a judgment from a court. Even after a successful suit in court, receiving the money is difficult if the tenant has no assets. Even if the tenant has assets it is difficult to receive full compensation. I say this because most judges will only garner a very minimal amount of wages which might see full payment after many years, perhaps decades and to get a bailiff to take enough posessions to cover the rent through a public auction is unrealistic; consider the reasons the tenant was likely renting in the first place. If the tenant still has property in the apartment, that property can usually be held and auctioned off to recover back payment and expenses. Sometimes it really isn't worth trying to collect the debt. What you can do is report the offender to a credit bureau to put a fairly dark mark on their credit. Other options include selling the debt to a collections agency; you don't get all the money back but sometime something is better than nothing. Don't try to collect on the back rent because it was "wrong" for them to have not paid. Take the emotion out of the decision and determine if your actions will help or hurt your bottom line. Answer: I took my case to small claims court. Here is what happened. I had a renter who was 2 months behind on rent . I wanted to make sure everything I did was legal so I called the clerk of courts office to ask what I needed to do. First I had to give notice to the renter to pay the rent now or move out. I was informed it would be best to mail a letter and to tell the renter in person. After I did that I had to wait 10 days plus 3 days for the mailed letter a total of 13 days (you cannot count holidays and Sundays). The renter called me after she got my letter and said she was moving out. Well what she did was move most of her stuff out but left some stuff in every room in the house including the porches and basement. I knew this because when I thought she was through moving I went into the house to see what kind of shape it was in. The house was absolutely filthy and the carpet ruined with stains and cigarette burns. One room had a very poorly done paint job in a disgusting dark green color. I took pictures so I had something to take to court to show what the renter had done. I called the clerk of courts again and told them what she had done. They told me that until she handed me the keys that she still had possession of the property. So I waited till all the 13 days were up. I then could file a complaint. To do this I had to go to the clerk of courts office and fill out papers and pay $70.00 in cash. This was on a Monday. The court date was set for the following Tuesday. I was given a copy of the complaint and had to go next door to the sheriffs office to give them a copy and a self addressed stamped envelope with the renters name and address and $15.00 in cash. This was so a copy of the complaint would be mailed and for the sheriff to personally deliver a copy to the renter. I told them that she had not been there for awhile and they told me that if the renter was not there at the time the sheriff came he would post the complaint on the door. The next day I saw the complaint posted on the door. Later that day I noticed the complaint was not on the door. (I live behind this house). The following Tuesday I went to the court room at my appointed time. The renter was nowhere in sight. When my case came up I was told that because the renter did not show up and because the sheriff did not personally deliver the papers there could be no judgment against her and there was no way to collect any back rent or money for any damages. I ask if there was any other way I could collect any money for damages. He ask me if I had pictures and I told him I did. His response was that I had no legal right to go into the home for any reason without the permission of the renter. I was told I had to wait another 10 days not including Sundays and holidays and then I could come back and take out a writ against her. It would cost $15.00. At that time our wonderful sheriff would set up a time to meet me out there and take possession of the property and hand it back to me. I ask the judge what I was suppose to do with her stuff if she would not come and get it. He said I had to store it in a dry protected place for he thought 21 days. Then if she had not come to get it I could give it away but I could not sell it. I really did not believe I would ever collect any money from this person. I only wanted her out of my house. She knew how to work the justice system or in this case injustice system so she could drag this out as long as possible. Moral to this story, ALWAYS do a background check and a civil check. You can do this for free at our wonderful clerk of courts unless you want a copy, then you only have to pay a modest fee of $25.00 for each copy. Never rent to anyone with a criminal record which I found out later my renter had. Never let the renter talk you into letting them pay rent later or believe any of their sob stories. Take action as soon as the renter is 1 day late don't wait. If you let them slide you may have to wait months before you can do anything with the property. The renter can always appeal the courts decision making it take longer. I have always tried to give people a chance but now when it comes to renting my house I won't. I have also gone to some websites to try to find out what my legal rights are as a landlord. I have come to the conclusion that I don't have any, only the renter does.
If someone owes you money and you have a promissory note signed and notarized can that person claim the promissory note in a bankruptcy?
Answer . Notarizing a promissory note does not give the lender any special protection if the borrower files for bankruptcy. The debt would be discharged in bankruptcy unle…ss you could prove fraud or if you had a lien on some of the debtor's property.
Anybody can file for bankruptcy.
When you are in the refund offset program through the FMS yes this will happen and you will be notified when it does happen.
Claiming Back Taxes in Bankruptcy Only if they are more than three years old and meet specific requirements More specifically, yes, taxes may be discharged in bankruptcy and… are in a suprisingly low claim priority position....I believe 7th. Generally, income taxes for periods more than 2 or 3 years previous are not able to be assessed, being past the Statute of Limitations (however a number of items may extend that statute), and would not need o be claimed.
Can the land owner place a lien on the mobile home or lender for all ongoing rent owed him if the mobile home buyer stops paying land rent and files bankruptcy to eliminate his debt?
Up until you file BK he can use all legal means to enforce what you owe. After filing, the court will decide what you have to pay those you owe and divide that among them. If …it isn't enough to pay all the debts, the excess may be "discharged". Thye are settled not just eliminated. The landlord leing the mobile home is for bankruptcy purposes isn't very important, since it will probably be considered your home and qualify for enough exemption to cover it. Leining or garnishing you would be more of a problem Your real issue from him is eviction of you or your property, (always a bit of an issue with mobiles), but these are more minor delays, as that will be the result if you don't start paying rent (remembering bankrutpcy only effects things from before you file). (And thank you, I thought you presented that question very well)
Generally speaking, yes, but it depends on how severe the hit was to your credit rating.
Filing for bankruptcy is one of five ways to get out of tax debt, but you should consider bankruptcy only if you meet the requirements for discharging your taxes.
The actual amount varies from situation to situation, but the general rules used to consider claiming bankruptcy are summarized as follows: * The amount owed to creditors mus…t be greater than that held in marketable assets (e.g., bank accounts, car, 401k, etc.) * The income (after taxes and required living expenses) of the debtor(s) does not cover the minimum amount of principal and interest necessary to pay off all debt in a "reasonable amount of time" (for non-primary real estate assets, people use seven to ten years) * You have made a very strong attempt to reduce your living expenses to only the necessities * You have been unable to negotiate a workout with one or all of your creditors Bankruptcy is a last resort. You will keep your home (if you don't own it outright, if you do, you will end up having to get a mortgage to pay off creditors) and may keep a vehicle, but that is it. You will not be able to get credit for at least seven years following the event, making major life changes difficult (e.g., a new baby, marriage, school, etc.). If you are considering bankruptcy, see a credit professional in order to be sure that bankruptcy is your only route to debt freedom.
Can you repossess a vehicle that you signed title over to the person and at same time got a paper notarized she owes you a balance that she never paid and she claimed your car in her bankruptcy?
First, if you don't have a lien in the title, that is, NAMED on the title, you will have trouble repossing no matter what. You have a general claim against the person, not sec…ured by the car. Second, his BK stops all collection actions by you anyway, you need to file a claim and go through the prcess, as a very low standing because you aren't secured against anything, to get paid anthing. Notary means, well just about nothing ever. That's it, do your own legal work without one iota of understanding of what your doing...works out well. NOTARY? What do you think that means?