Jay Love no only torts are non dischargeable. Fraud, defamation, conversation, Nondischargeable Debt Explained Some additional debts may be nondischargeable, but only if the creditor objects to the discharge. These include debts arising from a martial settlement or divorce decree; debts incurred based on fraudulent acts; debts from willful and malicious acts to another person or another person's property; and debts from embezzlement, larceny, or a breach of fiduciary responsibility.
@@JLoveTH-cam No. Unless it was some type of fraud involved or if the individual filling bankruptcy is s serial filler it might not get accepted or they acted fraudulently during the bankruptcy in reporting finances or something. So I would say no based on it being a dischargeable debt. But I'd still consult with an attorney just to explore
Hi @Jay Thank you for the question - we will do some additional videos on this. meanwhile please follow the notice- please seek the assistance of counsel so your rights are protected and file a claim.When a bankruptcy is filed everything stops. So you cannot take action to enforce the judgment right now. We will come back and add links here.
If I am hearing this correctly, my ex husband Can Not file bankruptcy on the monies he owes through the divorce? Please please tell me that that is correct
Hi @Angela Anyone eligible to file can try to discharge debts but not all of them are allowed to be discharged- spousal support/alimony and child support are obligations that cannot be discharged in a US bankruptcy.
@@FinelyRevealed my ex husband received a settlement during the divorce, the judge put it in the divorce that he was to give me half of it. He didn't, now that I hired an attorney the ex is threatening to file bankruptcy on it. I am talking to an attorney to go after ex but the attorney is kinda up in the air if the ex can or can not.
So I have to pay my deceased son's truck off because the insurance didn't cover that when he was murdered. I have been harassed for 10 years nearly, and even had over $5000 of my VA disability taken by court order to pay toward this. I haven't been able to have a bank account since 2014.
Oh Jeffrey! First of all so sorry about your son. If he was over 18 then you are not responsible (unless you were a co-signer). If you cannot afford an attorney either the VA should have some assistance to provide or you can seek out legal aid in your state to help you.
FinelyRevealed he was 23 my icon was his rank, as he followed the families footsteps to be our 7th generation Marine. I thought I was tricked into this by a collection agency trying to find him. I sent the certificate of death to the agency next thing the are harassing me stating that I accepted the debt by sending the information they requested. I do not know how they obtained my full SSN, when asked if I were Jeffrey I gave my last 4 to verify the person's SSN was my son's and not mine. I just checked bank records I have, over $6700 taken through tax liens and bank garnishment through legal action closing my accounts. I was without an income for a couple months. I am contemplating bankruptcy, but I want to pay my debts which is a vehicle payment and about $4000 in medical and credit card debt. This can be done in less than 2 years
This is terrible! Please seek assistance- if most of this happened 10 years ago you may not have recourse but please get it checked out. You have NO obligation to pay any debt unless you signed for it! They will probably say that you 'voluntarily' paid it. They need to be turned in to the police for harrassment. Also there is the Fair Debt Collection Practices Law. Find an attorney in your area who knows about this so that you can get your money back=- and possibly more!
Not only are you NOT liable for your son's debts, but I'm 99% sure VA disability benefits cannot be garnished. You really need an attorney. If the VA money is being taken from your bank account, then you can sue the bank as well as the creditor that is taking the benefits. If the VA is giving the money directly to your creditor without it even hitting your bank account, then you can sue the VA, too. The reason why the bank is liable if they are taking the money directly from the bank account is because it is the bank's responsibility to make sure that monies in an account are actually able to be garnished before they pay out any garnishment orders. The law states that any protected income (SS, SSI, VA, etc) cannot be garnished and actually it's 2X that amount. So if you get $1000 per month in a protected income, then $2000 is actually protected because this takes into account any extra money you might have from a previous month. It is the bank's responsibility to know what is protected income in your account and what is not. Please get legal help or they will screw you for the rest of your life!
Furthermore, it makes no sense that you would have to pay your son's truck off (unless you so-signed for it) since the dealer could have just repossessed it anyway. But if you made a mistake and took responsibility for his debt, then that is very unfortunate. This is why you trust no one. You NEVER give anyone your SSN or even talk to them if you suspect they are a debt collector or someone other than the company you actually owns/owned the original debt. If ANYONE calls you on the phone and asks if you are "so and so" or if they ask who you are, you never confirm you are "so and so" and you never give them your name!. You tell them you do not speak to people who do not first address themselves and hang up. Or just hang up without saying anything. I'll say it again, get an attorney. Go see a consumer law attorney. Usually consults are free so even if you cannot afford one, get a consult anyhow. Don't make him/her realize you can't pay until it's time to hire them then ask them what it will cost and break it to them then. They may work out a plan/deal if they think they can recover money. You also may be able to sue for unfair debt collections practices which will be cash settlements in your hand! From the sounds of it, you could have at least 2 parties that may have been negligent and that will mean cash in hand for both you and the attorney.
For number 2 and 7 that has to do with fraud; does that have to do with a judgement? I'm planning on suing someone and worried they will file for bankruptcy once I get a judgement.
Hi Bouncer - you can pursue a finding in bkr court that the debt to you NOT be discharged based on fraud if they file bankruptcy - you don't have to assert that in your state court matter.
Hi Cuoc - it depends on where you live and how your bankruptcy was finished. If you received a discharge and are current on your bills now you should be okay - If you are in chapter 13 you need to talk with your attorney. Either way get a title report on the property now and take it to your bankruptcy attorney if you have questions about it. Do that before listing it etc. Good luck!
My daughter lives with her boyfriend . She has a vehicle and also has her license. Her boyfriend just has his learners. My daughter is pregnant and is battling morning sickness all day long and through out her whole pregnancy. My daughter drives her boyfriend to work every day. One morning she woke up and was extremely nauseous and throwing up. she couldn't drive her boyfriend to work but because they need the money she gave him permission to drive her vehicle himself. As luck would have it, he got in an accident, and because he just had a learners license ICBC has determined that he is 100% to blame. There was $4000 dollars damage to the other vehicle and they are claiming injuries. During covid all of the drivers testing was locked down, so it could be argued that there was no way to actually get your drivers license because they were closed.......bottom line ....can he file for bankruptcy?
Hi @Stan Only adults can file so he would have to be 18 or older. Beyond that he would have to qualify. They should check insurance coverage for the accident- and it sounds like they are asserting that he is prima facie liable due to the license issue- this should all be checked through an attorney before anything else happens.
Hi Surplus- no, we do not- though we are working on some financial tools and budget lists that will be on our updated website very soon. To find an approved pre-bankruptcy credit counseling group in your area go to www.justice.gov/ust/ and then click on consumer information and then credit counseling/debtor education.
Hi Honey - while you should discuss and make your decisions with advice of your counsel you will be the one to 'face the music' if your actions are challenged by a creditor. There are presumptions of insolvency that apply to all bankruptcy actions - running from approximately 60 days prior to the filing of the case. If the type of the transaction and the amount of a single transaction or aggregate amount of several transactions reaches the particular level then the creditor can challenge you in the bankruptcy court and you will not be allowed to discharge those amounts but will have to pay them. Thank you for the question and watch for a new video.
My LLC is being sued by general contractor stating I did not pay workers he’s liable for the payment he suing the LLC for $400,000 my LLC is out of business at this time have no moneys in the company close the doors on company back in July can I file personal bankruptcy at this time would that be wise please get back to me
Sorry for the trouble Jeffery- you should seek counsel as that is a lot of money and you need a clear answer. You need to know from someone looking at the paperwork and communications exchanged whether you are individually liable. Unless you are individually liable there would not be any reason to file bankruptcy - Good luck!
Hi 77 - So glad that you thought to ask the question- yes you can do it, but whether you should do it involves your overall situation and so you need to discuss this with your bankruptcy attorney. There may be advantages to doing the new llc before the bankruptcy or after.
This was good to know, thank you for sharing!
past due rent? did I miss that?
HI A - 'regular' debts owed are all discharged so long as the person who files follows all the rules and court orders.
So I got a default judgement against a defendant that hit my car and they filed for bankruptcy, can I still collect my damages?
Jay Love no only torts are non dischargeable. Fraud, defamation, conversation, Nondischargeable Debt Explained
Some additional debts may be nondischargeable, but only if the creditor objects to the discharge. These include debts arising from a martial settlement or divorce decree; debts incurred based on fraudulent acts; debts from willful and malicious acts to another person or another person's property; and debts from embezzlement, larceny, or a breach of fiduciary responsibility.
So I can’t collect my damages?
@@JLoveTH-cam No. Unless it was some type of fraud involved or if the individual filling bankruptcy is s serial filler it might not get accepted or they acted fraudulently during the bankruptcy in reporting finances or something. So I would say no based on it being a dischargeable debt. But I'd still consult with an attorney just to explore
Hi @Jay Thank you for the question - we will do some additional videos on this. meanwhile please follow the notice- please seek the assistance of counsel so your rights are protected and file a claim.When a bankruptcy is filed everything stops. So you cannot take action to enforce the judgment right now. We will come back and add links here.
See if this helps @Jay th-cam.com/video/J4fA2ZOLWjc/w-d-xo.html
If I am hearing this correctly, my ex husband Can Not file bankruptcy on the monies he owes through the divorce? Please please tell me that that is correct
Hi @Angela Anyone eligible to file can try to discharge debts but not all of them are allowed to be discharged- spousal support/alimony and child support are obligations that cannot be discharged in a US bankruptcy.
@@FinelyRevealed my ex husband received a settlement during the divorce, the judge put it in the divorce that he was to give me half of it. He didn't, now that I hired an attorney the ex is threatening to file bankruptcy on it. I am talking to an attorney to go after ex but the attorney is kinda up in the air if the ex can or can not.
So I have to pay my deceased son's truck off because the insurance didn't cover that when he was murdered. I have been harassed for 10 years nearly, and even had over $5000 of my VA disability taken by court order to pay toward this. I haven't been able to have a bank account since 2014.
Oh Jeffrey! First of all so sorry about your son. If he was over 18 then you are not responsible (unless you were a co-signer). If you cannot afford an attorney either the VA should have some assistance to provide or you can seek out legal aid in your state to help you.
FinelyRevealed he was 23 my icon was his rank, as he followed the families footsteps to be our 7th generation Marine. I thought I was tricked into this by a collection agency trying to find him. I sent the certificate of death to the agency next thing the are harassing me stating that I accepted the debt by sending the information they requested. I do not know how they obtained my full SSN, when asked if I were Jeffrey I gave my last 4 to verify the person's SSN was my son's and not mine. I just checked bank records I have, over $6700 taken through tax liens and bank garnishment through legal action closing my accounts. I was without an income for a couple months. I am contemplating bankruptcy, but I want to pay my debts which is a vehicle payment and about $4000 in medical and credit card debt. This can be done in less than 2 years
This is terrible! Please seek assistance- if most of this happened 10 years ago you may not have recourse but please get it checked out. You have NO obligation to pay any debt unless you signed for it! They will probably say that you 'voluntarily' paid it. They need to be turned in to the police for harrassment. Also there is the Fair Debt Collection Practices Law. Find an attorney in your area who knows about this so that you can get your money back=- and possibly more!
Not only are you NOT liable for your son's debts, but I'm 99% sure VA disability benefits cannot be garnished. You really need an attorney. If the VA money is being taken from your bank account, then you can sue the bank as well as the creditor that is taking the benefits. If the VA is giving the money directly to your creditor without it even hitting your bank account, then you can sue the VA, too.
The reason why the bank is liable if they are taking the money directly from the bank account is because it is the bank's responsibility to make sure that monies in an account are actually able to be garnished before they pay out any garnishment orders. The law states that any protected income (SS, SSI, VA, etc) cannot be garnished and actually it's 2X that amount. So if you get $1000 per month in a protected income, then $2000 is actually protected because this takes into account any extra money you might have from a previous month. It is the bank's responsibility to know what is protected income in your account and what is not.
Please get legal help or they will screw you for the rest of your life!
Furthermore, it makes no sense that you would have to pay your son's truck off (unless you so-signed for it) since the dealer could have just repossessed it anyway. But if you made a mistake and took responsibility for his debt, then that is very unfortunate. This is why you trust no one. You NEVER give anyone your SSN or even talk to them if you suspect they are a debt collector or someone other than the company you actually owns/owned the original debt. If ANYONE calls you on the phone and asks if you are "so and so" or if they ask who you are, you never confirm you are "so and so" and you never give them your name!. You tell them you do not speak to people who do not first address themselves and hang up. Or just hang up without saying anything.
I'll say it again, get an attorney. Go see a consumer law attorney. Usually consults are free so even if you cannot afford one, get a consult anyhow. Don't make him/her realize you can't pay until it's time to hire them then ask them what it will cost and break it to them then. They may work out a plan/deal if they think they can recover money. You also may be able to sue for unfair debt collections practices which will be cash settlements in your hand! From the sounds of it, you could have at least 2 parties that may have been negligent and that will mean cash in hand for both you and the attorney.
I. Am. Considering. Bankruptcy. For. Credit. Cards. And. Bank. Loans..
None. Of. Your. Explanation s. Are. Mine..
For number 2 and 7 that has to do with fraud; does that have to do with a judgement? I'm planning on suing someone and worried they will file for bankruptcy once I get a judgement.
Hi Bouncer - you can pursue a finding in bkr court that the debt to you NOT be discharged based on fraud if they file bankruptcy - you don't have to assert that in your state court matter.
After a few years of bankruptcy is there any issue if I sell my house?
Hi Cuoc - it depends on where you live and how your bankruptcy was finished. If you received a discharge and are current on your bills now you should be okay - If you are in chapter 13 you need to talk with your attorney. Either way get a title report on the property now and take it to your bankruptcy attorney if you have questions about it. Do that before listing it etc. Good luck!
My daughter lives with her boyfriend . She has a vehicle and also has her license. Her boyfriend just has his learners. My daughter is pregnant and is battling morning sickness all day long and through out her whole pregnancy. My daughter drives her boyfriend to work every day. One morning she woke up and was extremely nauseous and throwing up. she couldn't drive her boyfriend to work but because they need the money she gave him permission to drive her vehicle himself. As luck would have it, he got in an accident, and because he just had a learners license ICBC has determined that he is 100% to blame. There was $4000 dollars damage to the other vehicle and they are claiming injuries. During covid all of the drivers testing was locked down, so it could be argued that there was no way to actually get your drivers license because they were closed.......bottom line ....can he file for bankruptcy?
Hi @Stan Only adults can file so he would have to be 18 or older. Beyond that he would have to qualify. They should check insurance coverage for the accident- and it sounds like they are asserting that he is prima facie liable due to the license issue- this should all be checked through an attorney before anything else happens.
Do you sell the mandatory pre and post bankruptcy mandated courses?
Hi Surplus- no, we do not- though we are working on some financial tools and budget lists that will be on our updated website very soon. To find an approved pre-bankruptcy credit counseling group in your area go to www.justice.gov/ust/ and then click on consumer information and then credit counseling/debtor education.
I was told by the attorney adviser that i can use credit cards before filing bankruptcy? Like atleast 250 dollars can that be true?
Hi Honey - while you should discuss and make your decisions with advice of your counsel you will be the one to 'face the music' if your actions are challenged by a creditor. There are presumptions of insolvency that apply to all bankruptcy actions - running from approximately 60 days prior to the filing of the case. If the type of the transaction and the amount of a single transaction or aggregate amount of several transactions reaches the particular level then the creditor can challenge you in the bankruptcy court and you will not be allowed to discharge those amounts but will have to pay them. Thank you for the question and watch for a new video.
My LLC is being sued by general contractor stating I did not pay workers he’s liable for the payment he suing the LLC for $400,000 my LLC is out of business at this time have no moneys in the company close the doors on company back in July can I file personal bankruptcy at this time would that be wise please get back to me
Sorry for the trouble Jeffery- you should seek counsel as that is a lot of money and you need a clear answer. You need to know from someone looking at the paperwork and communications exchanged whether you are individually liable. Unless you are individually liable there would not be any reason to file bankruptcy - Good luck!
can i file chapter 7 and start an single person llc at the same time?
Hi 77 - So glad that you thought to ask the question- yes you can do it, but whether you should do it involves your overall situation and so you need to discuss this with your bankruptcy attorney. There may be advantages to doing the new llc before the bankruptcy or after.
FinelyRevealed ih
Thank you so much for the info. Smart, beautiful and knowledgeable.
Happy to help John!
I wish she would reveal 😏