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... View More

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 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... View More

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.

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... View More

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... View More

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... View More

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... View More

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... View More

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.

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... View 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... View More

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... View More

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.... View 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... View 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... View 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.

The time period to count is... View More

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... View More

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... View More

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... View More