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The question asked, Can a lien be discharged in bankruptcy? The answer is no. But the debt can be discharged. As I understand your question, you are a service shop that performed work and didn't...

The debt can be discharged, but liens are never discharged in bankruptcy.

As with both posts, yes it is legal and the only way a lien can be removed is to either pay it in full or satisfy it by negotiating a settlement. A lien against your property might not sound like an...

If your attorney isn't returning your calls, you are allowed to call the Trustee directly and let him/her know that there's a problem. If the Trustee questions you as to why you are calling him...

I can't tell you how you to fix the relationship issues, but insofar as your financial status, I can give you some info. About bankruptcy.

Because you're not married, you can't file a joint BK...

When you file for Bankruptcy, you are creating an "estate" that is more or less supervised by the trustee. Chapter 7 estates in most cases end rather quickly. This is because most Chapter 7...

Loveable1078,

There shouldn't be a problem with the account but I would definitely keep separate accounts to prevent future worries. As long as you're able to prove ownership of the funds, then...

First thing to do is to protect the exempt funds. A levy or judgment is ordered by a court; banks have to comply with the order, no matter what funds are in the account. The burden for that part of...

There is no rule or stipulation in the Federal Bankrutpcy code that would disallow the use of the same name, unless of course the court prohibits it, but they would need cause to do so. However,...

As with the previous posts, a little more info. Would be helpful. But please keep in mind one thing, unlike judgments, liens are security interests and generally carry no specific timeline or statute...

SS disability cannot be garnished to pay a credit card debt. The only instances where SS disability can be garnished is if you owe delinquent Federal taxes or if you owe back child support payments....

It's a little hard to say who would benefit more only because you didn't mention any other financial info. I'm assuming you and your girlfriend probably have other deductions, adjustments to income,...

Bankruptcy legal fees and court costs are not allowable tax deductions. In fact, there are very few legal fees that may be deducted. Bankruptcy, however, is not one of them.

When you filed for bankruptcy, you may or may not have realized that you created an "estate." This separate estate, which is supervised by the trustee, takes control of the liquidated assets....

Even though you are married, you can file as a single filer. Like Fr_Chuck said, you have to list ALL your debts and any joint debts. Any debt that solely belongs to your spouse does not have to be...

debtpayer1

DownUnder is right. You may want to think about bankruptcy for a couple reasons. First, even if you use that 20K pension fund, you're still going to owe 47K, which is still a sizable...

Whether the trustee makes a motion for the sale of the vehicle depends on a couple items. First, what is the "blue book" value of the vehicle? Second, as in the previous post, you are entitled to...

Agreed. The bank information can be traced easily by a SS number. You may also be served a subpoena/summons to reveal bank account info. It only takes a little detective work.

JAC53

Ultimately, the decision for a deficiency judgment will be by the court. You are correct in one sense here. Many local courts are reluctant to grant a lender a deficiency judgment if (and...

Keep in mind also it's not the bank's fault that home values have dropped. And it's not your sister's fault either. Millions of homeowners are going through the same situation, paying for a home that...

Legally speaking, verbal contracts are binding, as long as they include 3 items: offer, acceptance and consideration. The problem, however, is proof of the promise that was made. Without witnesses,...

Chapter 7 (Sec 523) will not discharge the child support payments. He will have to continue that even if he receives a discharge with other creditors. If, after receiving a discharge, he defaults on...

When you say, 'In going through the document there appears to be quite a few things that were not declared or misrepresented - however it is beyond our ability to prove it.' I just need to ask, to...

Agreed. And even though a typical civil judgment in Pennsylvania has a 5 year hold, there is no limit to the amount of times that a creditor may keep renewing it.

A lien is a secured ownership interest. If you have a 1st mortgage and/or a 2nd mortgage and/or a HELOC and your house is the secured collateral, then yes, you have, well, that is, they have a lien...

Generally speaking, the only way to get the bank account unfroze is to satisfy the judgment. And whomever it is that got the judgment against you might not be satisfied until paid in full. When the...

In addition to Scott's valuable advice, if you consider bankruptcy, you are fortunate in one respect. Texas is one of 17 states (including DC and Puerto Rico) that allows you the choice between using...

Agreed. You can challenge the court order but you need to prove what money is his and which is yours. And the burden of proof can be overwhelming. Joint accounts are like the kiss of death when...

If you are unsuccessful at trying to work out a deal with them, there is always bankruptcy. It may sound drastic, but you may be able to file under Chapter 13 or even Chapter 11 reorganization. You...

Your situation is not uncommon. There are many people either foreign born and/or on student visas who are trying to secure property in the United States. The fact that you're non-residents is the key...

As with Scott's post, there is a huge, huge difference between bad credit and no credit. For so long, the lending industry has relied on the famous FICO score to determine whether a would-be borrower...

Because the garnishment has already taken effect, the burden of proof is on you to show your SS funds are exempt. Legally speaking, SS funds and other government benefits can be garnished, but only...

The judgment is for the bank account and once the bank receives a court order, they have to comply. The whole account gets frozen, not just your portion. Indirectly, your husband will be affected...

It's not very feasible for Capital One to go after an 11-year old vehicle for a debt of $1200. Whether they get a judgment--that's the province of the courts to decide. As with the previous post,...

Being senior citizens is irrelevant, as age is not the determining factor in a bankruptcy case. I can tell you in the majority of bankruptcy cases, most filers do retain their houses and cars. But it...

HELP2010,

Just wanted to pass along a quick note. What a creditor can do and will do are two different things. I had a client several weeks ago who went into Chapter 13. He and his wife have two...

I am primarily a bankruptcy consultant, but I can provide you with an answer. Judgments can be enforced from state to state, that is, a judgment in one state may (but not always) be enforced in a...

As with the previous post, there is a deficiency balance estimated at 49K.
If the lender agrees to a short sale and discounts the note, they are still taking a loss. The question is whether a...

I deal in bankruptcy but I have had clients who are in the same situation. If you file bankruptcy, then your personal liability on the mortgage debt is wiped out. The lien remains on the home, but...

I bought my house 4 years ago and I had always noticed that the bathroom exhaust fan just wasn't doing its job properly. I figured that the thing is old; it worked but not as efficiently as it should...

If creditors obtain a judgment from the court, then yes, they can freeze your bank accounts, and/or garnish your wages, if you live in a state that allows garnishment. Yes, they can also petition the...

Yes, you can file bankruptcy while you're in prison. You will need to meet with a bankruptcy attorney to discuss it because of the amount of paperwork and court appearance for the 341 creditor...

As a bankruptcy/tax consultant, yes, medical bills are dischargeable in bankruptcy. The only times where there might be a problem is when there is a suspicion of fraud or illegal felony activity in...

As a tax professional and bankruptcy law consultant, I can address the part of your question regarding bankruptcy. First of all, cleaning up a credit report is easier said than done, especially if...

You say, "We opened a Citi credit card account in his name and added me as an authorized signer." If this is the account he is claiming as fraud, then I wouldn't worry too much about your legal...

As a tax professional, the IRS gets very upset when taxes are not being paid as they should. As with the previous post, if there are falsified amounts on your return, it's not very likely that...

The lien only makes sense to a credit card company if you were selling the house or if it slips into foreclosure and then a sheriff's sale. The lien gives them a secured ownership interest in the...

I am installing a 2nd bathroom and I did the most of work myself. I already plumbed the water in for the toilet and the sink. My house is on a slab, so I had to break up the concrete and make a...

If you do nothing at all, then it is likely that creditors will obtain a judgment, which is decreed by the court. It would give them the legal right to freeze bank accounts, garnish wages (if...

I'm assuming that he is the only one on the accounts, that is, there are no joint account holders. If there are, then the creditors will zero in on them. But if the debt is all in his name, all they...