Pilot Knob, NY Bankruptcy Law Firms & Lawyers

Someone can file joint bankruptcy with their spouse, but not with their parents or their child. You or your daughter could file a Chapter 7 or Chapter 13 (depending on what you can qualify to do), however, it might be less expensive to look at settling this debt if it is the only debt you are concerned about.

If you are a Florida resident who can use Florida exemptions, you can retain $1,000 in personal property, $1,000 in value in a car, and an additional $4,000 in personal property that you can apply against the car. As a result, the chapter 7 trustee would have a claim on your car based on your numbers. The trustee could take and sell the car. As a result, you need to confer with a bankruptcy attorney about your options including a possible chapter 13 payment plan.

No it is not advisable to reaffirm a mortgage and the time to have done that is over as there is a specific timeframe during which a reaffirmation can be executed. More importantly, you are not required to have reaffirmed a mortgage in order to later obtain re-financing. What you may need is a written proof from current lender that shows what payments that have been made on the loan since the Bankruptcy filing. Send a written request to your current loan servicer asking for a statement showing account activity since the BK case was filed. The potential new lender in determining whether to finance a loan will want to see the current balance on the note and proof of consistent on-time payments. You can also request that this statement be appended to your credit report by forwarding it to the credit bureaus with such a written request. Once the document is added to your credit report it will be available to anyone who runs a credit check although it will age with time and therefore I advise my clients that if they wish they can request such a document once a year and append it to their credit report or simply keep a copy in their records and provide it with the loan application when they seek different financing options.