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If you are filing a Chapter 7 BR petition and you file an application to have the filing fee waived, would you have to wait for a decision and then the Chapter 7 filing would not go through at that same day?
Same question for application for the fee in installments? And do you just need... View More 
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answered on Oct 31, 2023
Filing an application for a fee waiver or, in the alternative, installment payments will not delay the filing of your bankruptcy petition. At least where I'm located (Central District of California), the clerk will review your petition to make sure it's complete, then forward the... View More
I have to file Chpt.7 this week, and I need to make the initial filing myself and then am hiring an attorney in the coming weeks to go over what I have filed and submit any addendums that are required. What are the bare-bones/minimum forms I need to file in order to have a valid petition? I... View More
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answered on Oct 31, 2023
Go to your local Bankruptcy Court's website (www.uscourts.gov) and look under debtor's chapter 7 petition forms for emergency filing (it differs from court to court so I can't give you an answer without more info). Basically, you have to file a petition, credit counseling statement,... View More
The home is on my name alone. I refinanced later. The new note has my wife and me as borrower, and owners!? can she file bankruptcy without loosing home in Florida?
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answered on Oct 25, 2023
When you refinanced the home, the new loan replaced the old one (probably paid it off), so the discharged amount is gone forever. If you and your wife are both borrowers on the new loan, and you are both on title as owners, then the same rules will apply to the new loan if she files bankruptcy. She... View More
I’m unable to afford the car payment in addition to all my other personal and credit card loans. If I sell/trade my car, I would have about $15,000 negative equity.
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answered on Oct 23, 2023
The only way to avoid a deficiency judgement (the difference between what you owe and what the lender sells the car for) is to file bankruptcy. A chapter 7 will discharge all of your unsecured debt, including the deficiency on the car and your credit card debt). If you're not eligible for a... View More
I was convinced to buy a car a couple years back at a dealership through credit acceptance I had just turned 18. I was paying almost 600 a month and they charged me 20,000 for a used 2014 ford focus. It broke down after a month and I was told to bring it to a ford dealership to get it fixed so I... View More
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answered on Oct 18, 2023
If they have filed a lawsuit against you, you can defend the lawsuit and raise all those issues as a defense but it will be a long and expensive fight that you are unlikely to win. Unfortunately, you are dealing with a bully who has the ability to crush you. However, once they get a judgment... View More
I cannot afford a lawyer. Are there any resources other than the Law School that might be of help?
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answered on Sep 20, 2023
There is a lot of information on your Bankruptcy Court's website (www.casb.uscourts.gov) including information for for the San Diego Bar Assoc. lawyer referrals (www.scdba.org). Their phone number is (800) 464-1529. On the Court's website, click on the Information tab, for Filing without... View More
I'm on SSDI, and having trouble paying my car payments (I got the car when I was still working).
I'm disabled and reley on my car for everything! Every/many reasons!
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answered on Aug 15, 2023
In addition to what the other lawyers have said, if your only income is SSDI, you will likely qualify for a fee waiver which means that you will not have to pay the $338 fee to file a bankruptcy case.
My income is only SSDI, with critical pay is about $1,238.
My current rent is $775,plus about $300 back rent.
I have car payments of about 335, and about $400 storage back rent. Storage is normally $165.
I'm located in South Gate, CA.
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answered on Aug 13, 2023
Check the website for your local bankruptcy court: cacb.uscourts.gov. Many courts have free legal clinics to help you file your case yourself if you can't afford an attorney. They can also help you apply for a fee waiver so you don't have to pay the filing fee to the court.
I stayed in Berlin for almost a year and subscribed to an accelerator. I flew to the US afterwards and completely forgot to cancel the membership. I was 4 months late in payment when I requested the cancellation, and they refused to cancel it immediately, saying their period for cancellation would... View More
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answered on Aug 3, 2023
The amount at issue is not large enough to warrant filing bankruptcy. And it is probably not large enough for the creditor to bother suing you. If you are unable to reach a settlement, then it will likely be turned over to a collection agency. It will be a negative on your credit report so if that... View More
I don't drive so driving to Fresno is not good. What documents do you need? And how long will this take? Can a person drive to my area?
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answered on Jul 25, 2023
Start with your local Bankruptcy Court website. Most courts have free bankruptcy court clinics and you can call them for help. The website is uscourts.gov. Key in your zip code so you'll get info from the nearest court (Eastern District of California). There is a lot of info on the website... View More
I need assistance as I recently received an email stating, "Deadline for an out-of-court solution regarding your outstanding debt, and they will consider initiating legal dunning proceedings against you on 21.07.2023 at 12:00 pm."
To provide context, I subscribed to their service... View More
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answered on Jul 20, 2023
A lot depends on the amount of money at stake and how much time, money and effort you are willing to spend to fight what is owed. If you do nothing, the company may or may not sue you. If you are sued, make sure you defend the lawsuit rather than letting a default judgment be entered against you.... View More
I’m a writer w/past success selling screenplays. Nothing got made and I’ve written nothing new in 10+ yrs.
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answered on Jul 13, 2023
When you file a chapter 7 bankruptcy, you are required to list all of your assets (including the screenplays that probably have no value) and list a market value, as well as all creditor claims (including pending litigation). Once you file, the litigation will be stayed and a chapter 7 trustee will... View More
how long is the bankruptcy process how long does it take to be finalized.?
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answered on Jul 12, 2023
There are several variables that determine how long it will take to complete a bankruptcy case. Once you will file, the court will set a date for your 341(a) meeting with the trustee. That date is between 30 and 45 days from the date you file. Creditors have 90 days from that date to seek to bar... View More
I am not sure if it is worth the cost of forming an LLC to have the protection in legal trouble. I do not currently and any real assets in my name, but am concerned about failing to deliver and being set with debt. Is there some better way of avoiding this?
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answered on Jun 30, 2023
In the event that your business ultimately fails, bankruptcy is always an option, but it's an expensive option and the results aren't guaranteed. It would be much better to set it up as an LLC to start with and the previous advice to consult a business lawyer first is good advice.
found a new job. EDD got back to me and said I had overpayements from 2019 and 2020 and owe $6k which I am appealing because I believe it is incorrect. But my question is, even if EDD is correct and they did overpay me, shouldn't that debt be discharged because my bankruptcy was finalized 6... View More
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answered on Jun 21, 2023
Based on what you have said, I'm assuming that you did not list EDD as a creditor when you filed your bankruptcy. Start by advising EDD of the bankruptcy and telling them that you will ask the court to reopen your case so that you can list EDD as a creditor. That may make them go away. If it... View More
Had to retire from my job after 27 years. Fortunately I am able to draw Teachers Retirement disability but its 57% of my salary . I have long term disability but afraid to file clain because of payback rules i do not understand. Im not trying to get out of my obligation. Just need it reduced .... View More
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answered on May 23, 2023
There are provisions in the Bankruptcy Code for asking the court to modify your Chapter 13 plan based on a change of circumstances. If your current attorney is refusing to do so, and hasn't adequately explained it to you, you should consult another attorney in your area. Most will offer a free... View More
My boyfriend and I have been together for over 6 years and now own 2 homes together. I am on the deed for both, but only the mortgage for 1. We would like to create a legally binding agreement that if either if us decide we want to separate that a quit claim would be filed for both houses to assign... View More
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answered on May 17, 2023
The simple answer to your question is yes, it can be done. This falls within the family law area and any family law lawyer in your area (I'm in California so I can't do it) should be able to draft an appropriate agreement for you.
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