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.
I agree with Mr. Lively's comments. Also, Transferring assets in contemplation of bankruptcy is a slippery slope. You really need to consult with an experienced bankruptcy attorney in order to understand all of the issues and how best to protect yourself and assets that you have.
I was informed by email that Chapter 11 had been filed by our commercial tenant, but they failed to give us any details as to where it was filed. Are they required to officially serve us? I want to get an attorney but don't know what jurisdiction.
Notice of a bankruptcy filing is usually not sent by email. What was the source of the notice and what did you receive? I suggest you find a bankruptcy attorney local to you to check the status of the case. Chapter 11 is a very different type of bankruptcy, so it will be important for you to...Read more »
My commercial tenant said they just filed CH 11. They are in default of lease for not paying this months rent and other expenses. I believe I need to file a motion for relief of automatic stay. which means I need help to file this motion soon.
Check with your state bar association for a list of bankruptcy attorneys that have Chapter 11 experience. Also, you can check online for bankruptcy attorneys in your area - look for attorneys who focus on bankruptcy in their practice - rather than a general practitioner that handles many areas of...Read more »
Received from US Bankruptcy Court . Deadline for Opposition Papers must be filed 14 days prior to the hearing date of Nov 28, 2018. This is dated Oct 26, 2018. Notice of Objection and Objection pursuant to section 502 of title 11, US Code (Bankruptcy Code) Rule 3007 of Federal Rules of Bankruptcy... Read more »
I urge you to seek advice from a bankruptcy attorney. You have a deadline to deal with. The issue, however, may be that if you actually filed a lawsuit that was denied, then you may not have a claim any longer. But, there may be information in the documents contrary to this. Get legal...Read more »
As my colleagues indicated - I have never heard of the "silent exemption." Don't know that there is such a thing. Depending upon your assets, you may qualify to use what is called the "wildcard" exemption which you can use toward assets with more value than a specific exemption for that asset,...Read more »
Yes you can. If you have received a notice of the sale, it is critical to pay attention to not only the date for the foreclosure sale but also the time of the sale. I urge you to meet with an experienced bankruptcy attorney to analyze your options including Chapter 7 or Chapter 13. Chapter 13...Read more »
I agree with my colleagues comments. In addition, if you have absolutely no ability to pay due to no income - you may want to seek assistance from a public law center for a no fee or very low fee bankruptcy. Check in your area.
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