Feb 19, 2009 · The only reason they ask is so that they can pre-evaluate how much they want to screw you and since they get the information from the report and its not on there, you saying NO is not really a lie or unethical, just smart.
A bankruptcy that was dismissed is still a bankruptcy that was filed. After all, the question isn't whether or not you obtained a discharge or if you are currently in bankruptcy. In many instances, a question like this isn't relevant to you getting the job and I …
Dec 06, 2019 · Why Does My Bankruptcy Lawyer Ask About My Spouse's Income If She Isn't Filing Bankruptcy Often times it makes sense for married couples to both file bankruptcy together. Frequently, they are both on the credit cards or car loans on …
Jan 02, 2021 · One of those additions to the Bankruptcy Code prohibits lawyers from advising those filing bankruptcy to incur new debt. The statute makes no distinction about the kind of debt involved or the purpose served by the loan. Lawyers are not to advise incurring new debt. But I’m not your lawyer, so I can tell you what you need to know about cars.
Do I Have to Disclose a Bankruptcy to an Employer or Potential Employer? No, you do not have a duty to proactively tell your employer that you had filed for bankruptcy in the past. However, your employer will be able to find out about your bankruptcy through a credit check or public record check.Nov 24, 2021
A Chapter 7 bankruptcy stays on your credit report for ten years after your filing date. A Chapter 13 bankruptcy gets removed after seven years because debtors repay at least some of their debt. While the bankruptcy information remains on your credit report, anyone who pulls your credit can learn of your filing.
All of the documents filed in a bankruptcy proceeding are available as public record. You can use the Public Access to Court Electronic Records (PACER) service to look up bankruptcy records online. All that is needed is an account to search and locate bankruptcy court cases.Feb 2, 2021
In general, the look-back period is 90 days. For paying friends and family money that you owe them, the lookback period is one year. Basically, the court wants to ensure that you didn't spend a whole bunch of money right before filing for bankruptcy on things that are not reasonably necessary.Sep 8, 2021
After you are discharged from bankruptcy there is no legislation saying you have to declare this in the future. You are however legally obliged to disclose your bankruptcy if directly asked.
Learn how to manage your money smartly and strategically. Keep your balances low or at zero and pay on time. Though it will take a few years to achieve an 800 credit score after bankruptcy, you can begin to rebuild your credit successfully.Oct 15, 2020
The Gazette and the Individual Insolvency Register are the Official Public Records of bankruptcy. The fact of bankruptcy will also be recorded by various credit reference companies. A bankruptcy will usually remain on these records for up to 6 years.Mar 30, 2020
Bankruptcy is Public Record While only your creditors and potentially your employer will need to be notified specifically that you filed bankruptcy, the fact that you did file is saved on a website called Public Access to Court Electronic Records (PACER).
Will my name be published in the local newspaper?” They are concerned that their friends, family, neighbors, or employer may learn of the bankruptcy. Bankruptcy cases are a matter of public record. If someone really wants to find out if you have filed, they'll be able to dig up the records.
In most Chapter 7 bankruptcy cases, nothing happens to the filer's bank account. As long as the money in your account is protected by an exemption, your bankruptcy filing won't affect it.Mar 21, 2022
Your bankruptcy trustee can ask for up to two years of bank statements. The trustee will look at your statements to verify your monthly payments to make sure they match the expenses you put on your bankruptcy forms.Dec 6, 2021
Please be aware that your trustee does not have access to your personal account. A separate account is opened to manage your bankrupt estate.
If you have a duty to answer truthfully, and likely you do, then you should show that you did file a bankruptcy, and you can add a footnote saying that your affairs improved and you were able to dismiss your case voluntarily not long after you filed. Good Luck.
A bankruptcy that was dismissed is still a bankruptcy that was filed. After all, the question isn't whether or not you obtained a discharge or if you are currently in bankruptcy. In many instances, a question like this isn't relevant to you getting the job and I would be tempted to not answer the question at all.
If you have signed the bankruptcy documents andhtey were filed you should have gotten a notice in the mail advising you of a creditor meeting date. Call the bankrutpcy court and ask them if your case has been filed (from your message it appears it has not.)
You can check at the local bankruptcy court or go online to Pacer, which is the federal government filing system, located at www.pacer.gov#N#You would need to register on the site first, since they charge a whopping 8 cents per page to view the court files. You can search by your name & social security...
Many denials are due to a lack of attention to detail on the part of the attorney, errors made on petitions or fraud itself. The attorney has to be knowledgeable about the law and understand what is required by ...
You need to provide accurate information to your attorney because these are the materials that will be listed on your bankruptcy petition and you could lose the ability to recover the benefits of bankruptcy if it is identified that you purposely hid information from anyone involved in the case.
The petition has to include all of the debtor’s assets and each asset’s value. In the event the value is substantial in comparison to the loan payoff, the trustee could be allowed to sell the asset. Any mistakes made in that process could lead to the petition being denied. The main criteria for a Chapter 7 discharge have to do with ...
Any mistakes made in that process could lead to the petition being denied. The main criteria for a Chapter 7 discharge have to do with the debtor’s household income, which must be lower than the debtor’s necessary/reasonable household expenses paid on a monthly basis.
Additionally, under Chapter 7 bankruptcy rules, a debtor may be considered ineligible under the following circumstances: The debtor failed to attend credit counseling. Their income, expenses, and debt would allow for a Chapter 13 filing. The debtor attempted to defraud creditors or the bankruptcy court. A previous debt was discharged within the ...
Almost all bankruptcy attorneys have specialized software that prepares and files your required bankruptcy paperwork with the court. You'll provide your attorney with all of your financial information, such as income, expense, asset, and debt information.
First, you can expect your attorney to tell you whether filing for bankruptcy would be in your best interest. If it is, you should also learn: 1 whether Chapter 7, Chapter 13, or another type will help you achieve your financial goals 2 what you can expect during the bankruptcy process, and 3 whether your case involves any particular difficulties or risks.
Most importantly, if you have any questions, you can expect your attorney to respond to your calls or emails promptly.
Some common types of hearings you can expect your attorney to represent you at: Chapter 13 confirmation hearings. Chapter 7 reaffirmation hearings, and. any other motion or objection hearings filed by you, your creditors, or the trustee.
After filing for bankruptcy, all debtors must attend a mandatory hearing called the 341 meeting of creditors. But, depending on your case, you (or your attorney) might need to go to additional hearings. Some common types of hearings you can expect your attorney to represent you at: Chapter 13 confirmation hearings.
Expect Competence From Your Bankruptcy Lawyer. Not all bankruptcy cases are complicated, but they aren't all easy, either. Either way, your bankruptcy lawyer should have the skill level necessary to handle your case. In general, the difficulty of your bankruptcy will depend on: the involvement of bankruptcy litigation.
Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.
When you file bankruptcy, your creditors are required to leave you alone. Section 362 of the bankruptcy law automatically tells them to stop any action or act to collect a debt from you. They can’t call, they can’t send bills, they can’t take you to court. But what if they don’t stop?
If your ex called you four or five times a day after you told them not to call, he (or she) would get prosecuted. This credit union is not going to get prosecuted–even though they do the same thing. But once the bankruptcy is in place, I go after them for the slightest slip-up. Every time.
After the bankruptcy, unless the trustee takes it (very unlikley), then you are still the owner of the time share. If you don’t pay, they will want to foreclose you. I explain more aobut that, here. https://robertweed.com/2013/03/05/but-i-surrendered-that-property-in-my-bankruptcy/.
Yes you can sue them==and you should. There’s a violation of the bankruptcy discharge; and probably a violation of the Fair Debt Collection Practices Act. A good bankruptcy lawyer should stand behind his work–and step right up to the chance to stop this harassment by suing in the bankruptcy court. The Fair Debt Collection violation might need to be brought in a different court, depending on whether the bankruptcy judge there’s he has jurisdiction.
Yes, you can can should sue. Some judges would get really angry at them for harassing you, some would not care much; but if you were in the Northern VA area, I’d sue.
Some bankruptcy judges would fine them a little, some would fine them a lot ; some would tell you to stop complaining. No idea about your judge where you are. What does your lawyer think.
Once you do file, they must leave you alone or they will have to answer to the bankruptcy court itself. This is part of what is known as the automatic stay, which prevents creditors from taking any action against you once the bankruptcy case is filed. If you give them a case number, they will know you have actually filed ...
The trustee is a lawyer appointed by the bankruptcy court to administer your case. In addition to assigning a trustee, the court will also set a date for your court appearance about 4 to 5 weeks after the filing. This is called a creditors meeting. Your creditors receive notice of your filing and can come on this court date and ask you questions.
This means that he is satisfied with your case and you do not have to come back for another hearing. Sometimes the trustee will instead adjourn your case.
If you cannot find your social security card, you can go to the Social Security Administration and ask for a replacement. While you are there, ask them to issue a letter to verify your social security number. They will do this for you, but you have to ask.
When cases are adjourned, you usually do not have to go back, but you should make sure your second appearance is not required. In most cases, the meeting is closed and there are no assets for the trustee to administer, and the trustee will file a no-asset report with the court.
At the height of the financial crisis, there were nearly 1.6 million bankruptcy filings, the majority of which were consumer cases. Nearly 10 years later, the annual total has dropped to less than 800,000. But that change isn’t a reflection of economic health alone.
Fagbemi cautions against getting too swayed by the people in your life who might offer unsolicited advice, especially at the prospect of bankruptcy. “I’m part Nigerian, part American, and you’re not supposed to give up,” Fagbemi says. “People will tell you that you can push through and make the payment.
For most people, it’s just a clean slate.”. They have been free of debt since and now have a credit score in the 700s. For young people who find themselves mired in credit card debt, Reynolds sees bankruptcy as a chance for a fresh start, assuming you don’t own a home or other assets.
While married, Gale and his ex-wife had a plan to pay off their debts long-term. But going through bankruptcy made Gale much more cautious about taking on further debt. “Circumstances do change,” he says. “So it definitely opened my eyes a little bit and changed my viewpoint on a lot of different things.”.
And yet for many Americans, filing for bankruptcy is not only a viable option but one that often proves financially beneficial and gives them a clean slate. We spoke to three people about why they chose to file for bankruptcy and the impact it had on their finances. None of them had regrets about their decision to file.