Timothy Kingcade Miami Bankrupcy Attorney

Can I be charged lawyer and court fees during a forecloser on my house if I already filed bankruptcy? Bankruptcy is charged off

kingcade — Wed, 28 Apr 2010 02:12:46 +0000

I am assuming by your answer that you surrendered the property and did not reaffirm this debt. If so, then no, you cannot be charged lawyer and court costs.

The foreclosure mills simply use the same forms over and over again. Your personal obligation was likely removed through the bankruptcy and the foreclosure mill is simply finishing the foreclosure process.

Will I be required to go to court?

kingcade — Fri, 16 Apr 2010 20:50:28 +0000

About 30 to 40 days after filing the bankruptcy petition, you will have to attend a hearing presided over by a bankruptcy trustee. This hearing is called the First Meeting of Creditors. The trustee is not a judge, but an individual appointed by the United States Trustee to oversee bankruptcy cases. At the First Meeting of Creditors the trustee will ask you questions under oath regarding the content of your bankruptcy papers, your assets, debts and other matters. Creditors will also be permitted to ask you questions, although in the majority of cases creditors do not ask questions at the First Meeting of Creditors. If we are retained to represent you, one of our attorneys will appear at the First Meeting of Creditors with you.

After the initial meeting you normally do not need to return to court. However, if a creditor or the trustee files a motion or an adversary action, you may have to appear in court.

Please feel free to contact me at (305) 285-9100. You can also find useful consumer information on the Kingcade & Garcia, P.A. Web site at www.miamibankruptcy.info

Who notifies the creditors?

kingcade — Thu, 01 Apr 2010 17:29:56 +0000

After the bankruptcy petition is filed, the court mails a notice to all the creditors listed in the schedules. This usually takes a couple of weeks.

How long after filing will the creditors stop calling?

kingcade — Tue, 09 Mar 2010 21:23:34 +0000

Once a creditor becomes aware of a filing for bankruptcy protection, it must immediately stop all collection efforts. After you file the bankruptcy petition, the court mails a notice to all the creditors listed in your bankruptcy schedules. This usually takes a couple of weeks. Creditors will also stop calling if you inform them that you filed the bankruptcy petition, and supply them with your case number. In urgent cases, we will contact the creditor immediately upon filing the bankruptcy petition, especially if a lawsuit is pending. If a creditor continues to use collection tactics once informed of the bankruptcy it may be liable for court sanctions and attorney fees for this conduct.

Please feel free to contact me at (305) 285-9100. You can also find useful consumer information on the Kingcade & Garcia, P.A. Web site at www.miamibankruptcy.info

-Timothy Kingcade

What happens to my car loan after I file for bankruptcy?

kingcade — Sat, 27 Feb 2010 23:11:42 +0000

In Chapter 7 bankruptcy cases, cars are hard to redeem since the law now requires paying the lender the retail replacement value of the car. That value is generally higher than the private sale value that was used under the prior law. It remains possible for a debtor to surrender a car when keeping up the payments is impossible. Under Chapter 13, debtors must repay the entire car loan if they bought a car within 910 days of the bankruptcy filing. For example, if you had an outstanding balance of $6,000 on a car loan whose blue book value was only $4,000, you would be required to pay the entire $6,000 balance if the car was purchased less than 30 months of filing.

The Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) of 2005 creates a formal way to assume a personal property lease, such as a car lease, in a Chapter 7 case. The lease will be deemed rejected if the case trustee fails to assume it within 60 days after filing. At that point, the debtor may notify the creditor that the debtor wishes to assume the lease. The creditor may, at its option, notify the debtor that it is willing to have the lease assumed and may condition the assumption on cure of any outstanding default. The debtor then has 30 days after the creditor’s notice to send a further notice that the lease is assumed.

If you have any questions on the topic of car loans as they relate to your bankruptcy filing please feel free to contact me at (305) 285-9100. You can also find useful consumer information on the Kingcade & Garcia, P.A. Web site at www.miamibankruptcy.info/.

Timothy Kingcade

After I file bankruptcy, can I keep my credit cards open or should I close them out?

kingcade — Wed, 13 Jan 2010 15:56:31 +0000

There are a lot of factors that come into play regarding credit cards. I advise you close them out, but it all depends on the credit card balance and terms and conditions. Some creditors may allow you took keep the credit card. However, it would make more sense to not keep the credit card since we are trying to get them discharged.

Timothy Kingcade

Do I have to disclose everything I own?

kingcade — Wed, 06 Jan 2010 20:29:40 +0000

Yes. If you withhold this information you could be fined a large fee. In some cases $5,ooo or more. You can also be imprisoned, so I suggest you are as honest as possible about your assets.

Timothy Kingcade

http://www.timothykingcade.com

Does my spouse have to file for bankruptcy also?

kingcade — Wed, 06 Jan 2010 20:26:22 +0000

No, only you have to file for bankruptcy not your spouse. In most cases it is better if only one spouse files.

- Timothy Kingcade