Answers to Frequently Asked Bankruptcy Questions
In the petition and schedules, a debtor\’s income and expense are relevant. And when there is a married couple filing, the debtor\’s income and expenses and the spouse\’s income and expenses (even if the spouse is not filing) can be relevant.
However, a Bankruptcy petition does not generally inquire about income and expenses of non-spouses.
Standard Legal’s Bankruptcy forms software requires the filer to make decisions regarding the inputs on any form. The legal forms software doesn’t “adjust” any decision-making required; a filing with the Court requires the user to decide who is filing and create inputs accordingly.
However, complete instructions and overviews on these types of requirements and decisions are included in the package.
If you have already filed your case, removing counsel should be as simple as contacting the Clerk of Court in writing and informing the Court that you no longer care to utilize the services of your attorney. (You can state the reasons for removal or not, as you wish.)
You should also state in the letter that you will proceed with your bankruptcy case pro se and will represent yourself going forward.
Federal law is clear that most student loan repayment obligations are NOT dischargeable in bankruptcy.
While you are free to prepare the bankruptcy paperwork as you see fit and request to have your student loans discharged,
Credit report issues are not covered by Standard Legal, as they fall more to the category of ‘financial’ issues vs. legal issues. To review options available for credit report repair, we suggest you visit the Credit Report Repair page at American Legal Review.
It depends what steps you take in advance of his bankruptcy filing, and what the mortgage company chooses to do.
Generally, going through the refinancing process for any mortgage on a home when a quitclaim deed has been filed is the safest avenue for a homeowner to pursue. When a quitclaim deed is filed, the obligation within the mortgage documents changes essentially: from the couple jointly owning the property, to just one of the original individuals named in the deed. So the mortgage holder has one less person from which to collect payment, thus increasing their exposure.
A debtor in a bankruptcy cannot take advantage of state exemptions to shield any asset from bankruptcy, nor can a debtor sell or transfer assets simply to ‘protect’ them.
The amount of a Chapter 13 bankruptcy plan payment is generally a person’s monthly ‘disposable income.’ This figure can be arrived at by looking at the amounts set forth at the bottom of Schedule I and Schedule J: monthly income, less monthly allowable expenses, equals ‘disposable income.’ These calculations can be determined by properly using … Read more
There is no obligation under federal bankruptcy law to remain in a home you own in order to file bankruptcy, whether that home is in foreclosure or not. You are permitted to move to a different jurisdiction and file your bankruptcy case there. You may also move to a different residence within the same Bankruptcy Court jurisdiction.
To successfully file for bankruptcy, debtors must complete both a Credit Counseling Briefing prior to filing and a Debtor Education Course before a discharge is entered. These courses must be approved by the U.S. Trustee, and failure to file certification that these courses have been completed at the appropriate time may mean that your case is dismissed or your discharge denied.