I live in my homesteaded home and I co-signed on a home for my daughter which I have nothing to do with she lives in it with her children and has made all payments since the purchase. I am planning on filing a chapter 7 bankruptcy as I am 74 years old and make a little over 1000.00 a month on my... Read more »
I urge you to contact a bankruptcy attorney in your area. There are a lot of factors here that need to be considered. Whether or not your home is homesteaded, that does not necessarily mean that it is completely protected if you file bankruptcy. The Chapter 7 Trustee assigned to your case will...Read more »
I live in California. I rent a room somewhere else while my husband stays in the house we rented. Do to his behavior I decided to leave. We are not legally separated, but don’t currently live in the same county together. My income by myself would get me chapter 7 to remove crushing credit card... Read more »
Attorney Lively has been generous with information for you. However, I urge you to actually meet and consult with a bankruptcy attorney in order to fully understand all related issues and options for what you are contemplating.
But apparently, he did not. He just keep talking he will pay me back, he will work hard, but nothing paid back. I let him use my credit card for daily life, but he used for sports betting without my consent. He kept promised me he won't do it again but it is still happening and he even do cocaine.... Read more »
Your situation is very unfortunate. Certainly an option would be to sue him for the money he "borrowed" from you on your credit card, but a judgment is only good if you can collect the money - which might be very difficult under the circumstances of his lifestyle. I hope he no longer has access...Read more »
I agree with my colleague - highly unusual for a Trustee to file a final report after such a long period of time. May have been overlooked, or perhaps there was something going on in the case that the Trustee was monitoring. If you were represented by an attorney, check with your attorney on this...Read more »
In California: The HOA special assessment was added to the regular HOA fee and they said that I would have to pay it even if I sold the property. I had to foreclose in 2009 for inability to pay. In addition I had a bancrupcy in 2012 which included The assessment and CC debts. I was single at the... Read more »
Without reviewing your bankruptcy documents, if the assessment was properly listed as a creditor in the case, it should have been discharged. Have you heard from the HOA since the bankruptcy? You may want to speak with your bankruptcy attorney that handled your 2012 case. If no attorney, contact...Read more »
I urge you to locate a Chapter 13 bankruptcy attorney in your area as soon as possible for analyzing your eligibility to file Chapter 13. This type of case can certainly be a good option for resolving your issue and stopping the foreclosure.
My total debt is 30K to multiple creditors, 3 personal loans. I can not afford to pay my monthly payments to ALL of them for NOW. I am WILLING to pay but I can not promise when. Do I need to file for bankruptcy? Please advise. Thank you.
There are a lot of variables regarding whether a person can, should or is qualified to file bankruptcy. I recommend seeking an initial consultation with an experienced bankruptcy attorney who can analyze these issues and explain your options. Some of us offer a half hour no charge consultation...Read more »
The judgement was just rendered, the ex-husband is telling the ex-wife even with the judgement all he is going to do is file for a bankruptcy so he never has to pay what he originally hide from her to begin with, the judgment amount is roughly $375,000?
Likely not dischargeable in a bankruptcy context but should he file, strongly urge you to meet immediately with an experienced bankruptcy attorney. Or meet with a bankruptcy attorney immediately to have the judgment reviewed and assets discussed to better address the issues and options should he...Read more »
I just became a cancer survivor still following up at the cancer center. I was on FMLA july 10 2018 thru Jan 2019.. return to work on Feb 2019 and just started a second job this month of May 2019. I'm struggling financially. I have my car and is behind on payments car insurance. Utilities..and... Read more »
For a half hour no charge consultation, I require a monthly expense budget be completed (I provide a form); six months of paystubs and documents evidencing all income received from other sources if any; discussion will include assets (house, cars, etc.) which don't usually require documents but do...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.
I agree with my colleague; and urge you to talk with a bankruptcy attorney as soon as possible. There may be a public law center available in your area or contact the Office of the U.S. Trustee in Los Angeles at the Bankruptcy Court and see if they can direct you. How long ago was the case filed?...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 »
Your question raises several issues. First and most important, you should personally set up a consultation with a bankruptcy attorney (not the one that may be representing mother in her case). You need separate advice regarding your interest in the property as well as any impact mother's...Read more »
Yes, filing a bankruptcy would stop repossession. However, depending upon what type of bankruptcy is filed, it may not be a permanent fix. If you file Chapter 7 and can't afford to cure the payments or continue the payments, the lender can seek relief from the Court to proceed with repossession....Read more »
The stay tolls the deadline for a period of time. I urge you to talk with your bankruptcy attorney about this. If you do not have an attorney representing you in the Chapter 13, I urge you to get one. Chapter 13 is a complicated bankruptcy.
I filed for bankruptcy back in 2011 and was told that student loans were not allowed to be discharged. I have both private and federal loans under Navient and the payments are literally killing me. I've had to take 3 jobs to make $700 a month payment and, with every payment I make, the amount seems... Read more »
If you received notice of the class action because you are a potential claimant based upon Navient school loans that you obtained, read the notice carefully and follow-up. Also, there is a site online - Navient student loan class action that has a lot of information and contact information. Some...Read more »
You may want to seek assistance from a legal malpractice attorney to evaluate a claim against the attorney. I suggest you do that as soon as possible. If you still require bankruptcy assistance due to other debt, seek assistance from the State Bar of California for referrals.
I've been sued in Federal Court for funds I did not receive, which I have proven already. The Plaintiff has also filed a civil suit against the party who received the funds in a different State and won. Can they still sue me in Federal Court, BK 7 Case, despite getting a judgement for the full... Read more »
Your question is a bit vague, but if you are asking whether a creditor can file a lawsuit in a chapter 7 bankruptcy in federal court even though they already sued in state court - the answer is yes. If you filed bankruptcy, creditors can file a complaint (called an adversary proceeding)...Read more »
The lien holder allowed me to keep my vehicle as long as I made payments on time and thanked me for doing so. I have done this for 12 months. The question is I am underwater on the vehicle by $4K, and it is time to sell it or trade it in for a new car. My credit scores are back in the 700 range... Read more »
This is really not a bankruptcy question so I am unable to tell you how any of the options will affect your credit. However, you need to determine what is financially best for you. From my experience with other clients, if you use the car as a trade in, and money is still owed on the original...Read more »
Not sure what you are asking. Are you are talking about "equity" or value in property? Then, this gives rise to questions about valuation of property for bankruptcy purposes and how best to protect "equity" or value you may have in property. My colleague is correct in that regard - we have two...Read more »
My colleagues have covered the question, and I agree with the analysis. You may want to talk with an experienced bankruptcy attorney regarding a potential for filing another chapter 13, or some of us have experience in advising clients on ways to deal with creditors, budgeting and other ideas to...Read more »
There are many variables in determining eligibility to file Chapter 7. I urge you to seek a consultation with a qualified bankruptcy attorney in your area. The analysis is critical in order for you to understand your options.
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