I agree with my colleague that you may not need to file bankruptcy. With that said, some people who are judgment proof still desire to file in order to avoid creditor harassment. You are located in Rialto which is not too far from the Riverside bankruptcy court where a bankruptcy clinic is held....Read more »
It depends. California is a community property state. This means that debts incurred by your wife before marriage are generally hers alone unless you were a co-signor. However debts incurred during the marriage generally belong to the community which means joint responsibility. You mentioned...Read more »
I'm asking for a 91 yr-old person who owns nothing (lives in an bare bones minimum apt; no car; no jewelry; owns nothing of value). The person lives on a line-of-credit (LOC) and credit cards. Only income is $915 from SSI. Rent pymt is $1250/mo. My concern is that the bank who provides the LOC... Read more »
If social security is her only source of income then she does not need to file bankruptcy. Creditors cannot garnish or levy social security benefits. This means she is judgment proof. If she is concerned about creditor calls, then have her change her phone number. If however she decides to file...Read more »
It depends. Bankruptcy may or may not be the answer depending on your situation. An attorney needs to look at many factors to determine whether you qualify for bankruptcy and whether it is best. I recommend contacting a bankruptcy attorney to discuss your situation more fully. Most attorneys...Read more »
Equity in house is about $100K. but I'm giving up the house to my husband since he's keeping the kids and I won't be paying child support (an agreement between both of us). Can my creditors still come after the house even if it's on my husband's name and we are recently divorced? The debt is only... Read more »
I agree with the other attorneys. Sounds like the house is a community property asset which means your creditors can go after. Assuming you file bankruptcy, the trustee can also go after should you fail to list and/or if there is unprotected equity. In such event, your spouse could be put in the...Read more »
I have past verbal arrangements Ive been paying on to each of my parents, a friend, and foreign friends who live overseas. I never executed promissory notes in that time. I've paid more than $200 aggregate within last 12 months on each person. Should I make the promissory note now mentioning the... Read more »
California. I filed chapter 7 and claimed 100 thousand for the homestead. I filed alone. Me and my wife qualify for the 175 thousand dollar homestead. We made under 35 thousand and I am over 55 years old. The Trustee said I can't claim it because I was not 55 when I filed for Bankruptcy. I was 54... Read more »
Unfortunately the exemption amount is determined at the time of filing. To get the higher exemption amount, you should have waited until you turned 55. The timing of a bankruptcy filing is critical. I wish you much success.
You have to wait until the court has officially closed the case or abandoned the property otherwise it may belong to the bankruptcy estate. If the case has closed or the trustee abandoned, you should be okay to sell. Talk to your attorney to make sure one or the other has occurred.
Bankruptcy is one route to use depending on where you are in the process and what your goals are. If you choose to file BK but the landlord gets a judgment of possession before you file, then you are generally out of luck. If not, you may be okay but note there are other qualifying requirements....Read more »
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