This was clearly a strategic move by the creditor to serve me via mail just prior to the holidays so I would have little to no recourse. I need help filing a motion for extension of time to object, to extend the automatic stay , to find legal assistance and to have someone appear on my behalf at... Read more »
You and your attorney must b be served by mail at least 14 days before the hearing. That means that the Notice and other documents go INto the mail 14 calendar days before the hearing. If on 14 days notice, the first hearing is considred a "preliminary hearing". At that time the court can...Read more »
The potential client is a 71 year old woman whose husband passed away on 9/6/19 and lives on a fixed income while taking care of her handicapped 42 year old son. She is now being inundated with creditor calls.
She has all my legal documents and my tax return. I have tried to get in touch with her various ways, she won't respond. What do I do? How do I get my items back and amend my bankruptcy now? I do qualify for Legal Aid. Who do I call for help.
When you hire a paralegal, you are representing yourself in court. You have no one who is allowed to give you legal advice. While the paralegal may tell you what forms to file, they can'tgive you legal advice and can't represent you in any way within the bankruptcy process.
My husband, mother and I are all joint owners on a manufactured home in CA. We bought it together to all live in after my father passed away. There is no mortgage as we paid cash. My mom has since moved out and has not paid for the land lease, property taxes or any other things related to the home.... Read more »
To get a good answer for this question, you need a complete set of the documents that have been filed in that case along with a copy of the deed or title to the property and take that to an experienced bankruptcy attorney in your area.
If she didn't live in the property at the time of...Read more »
If assets were not yet divided by the family law court in a dissolution case, you may have a claim for some fo the value of the assets in the bankruptcy court, but that doesn't move the case to family law court.
The Automatic Stay will stop most of the action in the family law court and the...Read more »
I think what you are asking is when you can file another chapter 7 and receive a discharge. Keep in mind that you can always file a case, but the discharge provisions of chapter 7 and chapter 13 define when you can get a discharge for each chapter.
This is the same answer as before. If you are the owner of the LLC, whatever it owns, in net assets, is an asset of yours. Seek legal advice from an experienced bankruptcy attorney. Trying to file bankruptcy by learning a few things online is going to get you into trouble. Hire someone to...Read more »
My parents are scared I might go bankrupt in a couple years. I own 30% of a condo worth 75 grand and have credit card debt of 55 grand. They want me to take my name off the deed in which they own the other 70% and have a side agreement with them. Should I agree to take my name off the deed or lower... Read more »
Some attorneys will offer lower fees based on income, but remember that what an attorney offers you is based on their experience and the time they can afford to spend on your case. Bankruptcy is an important matter and whether it is done well or poorly can have lasting effects. Most people with...Read more »
Yes! Chapter 13 is used by many people to not only stop the foreclosure, but the repay the past due mortgage while keeping the ongoing mortgage current. If that's your situation, you should talk to an experienced bankruptcy attorney in your area to find out if that would be a good option for you....Read more »
Most people that find they are in a significant amount of unsecured debt, such as credit cards, have income. Over time, charging and making the minimum payment, with perhaps a few late charges here and there, will cause the amount of the debt, and the minimum monthly payment to increase to the...Read more »
Interview 2 or 3 experienced bankruptcy attorneys and hire 1 of them to represent you. That attorney should be made aware of the real property and the prenuptial agreement. In some situations, the bankruptcy attorney will consult with an experienced family law attorney to review that agreement....Read more »
If you have paid an attorney to file your bankruptcy, that attorney should be answering your questions. There may be a reason. Ask and find out. If you paid an attorney and they won't answer a question like this, something isn't right.
I am in active bankruptcy (not yet discharged) My home was sold to satisfy claims. The Trustee issued me $75K for my Homestead Exemption and said it should be reinvested in a primary residence within 150 days. What are my options (i.e., rent? motorhome? co-invest?)?
The trustee is apparently taking the position that the exemption must be valid until the case closes. I have not run into this exact situation with a sale, other than having the entire property abandoned by the trustee by court order so my client could sell while still in the bankruptcy case, but...Read more »
I sued my landlord for illegal eviction in San Jose, CA. 1 day b4 settlement conference (not trial yet), landlord offered 15k and filed ch13 next day. 2 parties filed claims – IRS for $436 and me 400k. ch13 plan offers class7 13.6K over 5 yrs. my lawyer doesnt think worth it because landlord... Read more »
In answering the part of your questions about whether your husband's creditors can go after your future estate, the gener answer would be no both in or out of bankruptcy. Unless the creditor obtains a judgment against you, which may be possible, only your husband's community or separate property...Read more »
You should always at least consult with an experienced bankruptcy attorney before filing bankruptcy. I also recommend hiring one that you like to represent you. It is well worth it for the peace of mind knowing that your case was properly handled.
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