Last month I collected all the paperwork to file with a lawyer, but now my husband just told me he wants a divorce & for me to leave. We rent this house, but owner sides with him. The lawyer I was going to hire changed his mind today because I now have to move to northern california with... Read more »
answered on Feb 3, 2021
As usual when attorneys don't adequately communicate, a lot of this doesn't make sense. Perhaps you just didn't understand all of what you were told, but more likely things weren't explained well.
If you are under median income with your husband, why would you file a 13... Read more »
My income is below the median, but because my rent is quite low, I have about $500.00 left over each month after I pay my monthly expenses. Will the availability of the $500 each month prevent me from filing a Chapter 7?
answered on Feb 2, 2021
The low rent will not usually affect your ability to file chapter 7 if your income is also low.
Get in touch if you are in the general Sacramento area and I will give you detailed information and advice.
I launched a new business the day shelter in place in California occurred. I'd been building the business for over a year & living on savings that's gone. I was a teacher for 20 years and had to quit due to cancer. I don't qualify for government help though I've tried. I... Read more »
answered on Jan 24, 2021
I don't think it's ever a good idea for someone to file on there own without an attorney, especially if you have any assets whatsoever. Assets included money in the bank, your car, your house, your retirement and all the way down to what most people don't think of as assets, such as... Read more »
Creditor is for secured for vehicle I do not want.
answered on Dec 19, 2020
The creditor now has the right to repossess the vehicle. That's it. As long as your case is completed and you get your discharge order, you owe nothing and they have the vehicle, which sound like what you wanted.
answered on Dec 10, 2020
Unless you are willing to learn the law, the rules, the local procedures and the process used by each trustee, it is nearly impossible. It is well worth hiring an attorney if you are trying to have a successful chapter 13.
Remember too that it's not just filing some paperwork. There... Read more »
answered on Dec 3, 2020
The simple answer is "yes". Without a reaffirmation, the underlying debt is discharged along with the other debts and all the car creditor would be entitled to is possession of the vehicle. There are caveats to this though, such as intentional damage to the vehicle, etc., but those are... Read more »
Timely claims of general (unsecured) créditos totaling $35,118 have been allowed and will be paid pro rats only after all allowed administrative and priority claims have been paid in full. Does this mean I have to pay that or they telling me they will pay it or they paid it??
answered on Oct 20, 2020
You need to review these claims and the provisions of your chapter 13 plan with your attorney.
There is no "they" that pays anything in chapter 13 besides you. You are the one paying into the plan and that is how creditors get paid.
What does that mean about how much your... Read more »
Depends on which home listing sites we look at, I can have $100,000 equity or $130,000. My understanding of California Homestead Exemption who is living with a family member is $100,000.
Will Trustee use the higher estimated value and proceed to sell my property? Is there such a range where... Read more »
answered on Aug 15, 2020
The value of property isn't what you say it is in your schedules or what the trustee might think it is. The value is what a bonafide buyer will pay immediately in cash.
If that means the property has a high enough value to net money for the bankruptcy estate after all liens and your... Read more »
No creditor showed up for my 341 meeting. Can they still take money from my checking account? Thanks!
answered on Jun 15, 2020
This is advice that may be specific to the creditor you have. Child support? Yes. Others? Probably not.
I hope you are represented by an experienced bankruptcy attorney in your case. Your attorney can give you specific advice based on the facts of your case. Bankruptcy is not as... Read more »
What would the court consider excessive? The case was not confirmed they recommended dismissal now they want to take the whole 15 grand the trustee is holding
answered on Apr 24, 2020
The attorney has to file a motion with the court and the judge has to determine what is reasonable. That is based on the time spend, what was done, whether the work was necessary and other factors.
answered on Mar 2, 2020
Of course you have to disclose this claim. Section 541 defines what property you must list and it includes everything that you "own" or have a right to.
Failure to disclose all assets may be grounds to prevent a discharge of debt or to revoke the discharge later on.
You... Read more »
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 »
answered on Jan 2, 2020
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... 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.
answered on Oct 15, 2019
As I do, I think most attorneys will charge based on their experience, the complexity of the case and the circumstances of the potential client, including their income.
My standard fee for a chapter 7 filing is $1,650 plus the court filing fee of $335. This fee can be much higher for a... Read more »
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.
answered on May 14, 2019
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.... Read more »
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 »
answered on May 13, 2019
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 »
answered on Jan 28, 2019
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... Read more »
I filed for Chapter 13 on 1/2012 that was converted to a Chapter 7. I received a discharge 5/2013.
answered on Dec 26, 2018
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.
The time period to count is... Read more »
answered on Dec 7, 2018
This is a question best answered by an attorney in a personal consultation. Most bankruptcy attorneys will give you a free initial consultation.
I'm assuming that you are talking about "qualifying" under the "Means Test". The amount will be dependent on the county... Read more »
Does an LLC make my ownership interest exempt from being taken by creditors?
answered on Nov 24, 2018
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 »
answered on Nov 24, 2018
i see that you have asked this question before in a different way.
All assets that you own or have a right to must be listed in a bankruptcy filing.
Transfer of an interest in property is subject to a trustee recovering (reversing the transaction) for up to (or maybe beyond) 2 years... Read more »
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