Assuming your case will be what we call a "consumer" bankruptcy, you will have to pass the "means test", have the required credit counseling, and establish that your living expenses are reasonable, necessary and uses up all of your disposable income.
I am terribly sorry that all of this is happening to you.
Unfortunately it is not possible to give you an armchair answer from long distance. A lawyer will need to review the actual file. For example, there might not be a stay for someone who has filed multiple times. Or, a land lord who...Read more »
I have a judgement. I put a lien against their bank account. The bank was listed in their bankruptcy so they won’t release the money to me. I was notified by the bank there was a bankruptcy. The filer didn’t forget to list me. He filed at the same time he submitted statements to the court in... Read more »
Meaning the loan paid off the credit cards plus other things and the cards are now all closed. After about 5 months I am finding it hard to continue to make the payments on the loan. Can I file for bankruptcy?
I agree, it's high time to consider bankruptcy. Most BK lawyers will give you a free consultation so you can find out if it's going to be good for you. I suggest that you not hesitate to consult several or more lawyers. You will find there are big differences between lawyers in what they know, what...Read more »
No, not necessarily. The lender is entitled to insist on having you reaffirm the loan. That is because the practical effect of your bankruptcy is eliminate the benefit the lender currently has of having you as a cosigner. Remember, they would not trust loaning money to the other person without a...Read more »
Bankruptcy was not due to mismanagement of my own funds, nevertheless still a BK. My financial license is inactive at this time, can I reinstate it once BK is final and still continue to do the only job I know. I stay in California.
You will find out in any event when you go to reactivate your license.
In my opinion, I expect your license will be activated unless you have committed the same kind of offense that would keep anyone else from having a license. The BK, by itself, should not prevent the renewal of your...Read more »
I am considering filing for bankruptcy. My business has failed, and my debt is just insurmountable. I am recently divorced, and two of the credit cards that will be part of the bankruptcy were listed in the divorce decree as my responsibility to pay. My ex-husband is still the primary on those... Read more »
The bankruptcy law says that obligations arising out of a divorce decree are not dischargeable. In the is case, you may discharge the debts you personally owe to the individual credit cards, but your ex remains liable and you remain liable to your ex to hold him harmless - by reimbursing him for...Read more »
With a pending lawsuit, which was dropped, we had to file BK. However, a settlement was reached, the lawsuit dropped and the BK dismissed by the Federal judge. We were never delinquent on any bills/credit obligations. NO ONE got hurt (our credit reports shows that). Yet, everyone is... Read more »
I feel for you, but I'll explain why it won't get cleared up. It is going to remain on your credit report for 10 years. It will stay there because your credit report is a summary of how you have handled your financial obligations. You actually did file bankruptcy. Filing it was your choice....Read more »
Approx 50,000 in navient loans with accrued interest. Stemming from Los Angeles Film School. I graduated 3.98 goals and worked in the film industry for a couple years but now I live back in SAN Diego, have gone back to working as a programmer (when I'm working), and have recently become homeless.... Read more »
I'm not surprised by the reaction of the other lawyer. I almost didn't even want to post an answer.
The problem here is whether or not the transfer of the house is a fraudulent transfer. You say it's not your house, and it never was your house. However, the use of your credit and "first...Read more »
I was told I cannot prove undue hardship because I may someday after the program be able to pay. (Loans obtained fraudulently from a for profit college in trouble with the fed govt) So 3 years from now I may get a job nursing. All the while accruing interest on these loans. I support my son on... Read more »
YOU CAN NOT have the case transferred from California to Florida without a HUGE amount of hassle. To try would require filing a motion for change of venue. It is highly advisable for you to meet in person with a bankruptcy lawyer before you do anything. Depending on your situation, it could make...Read more »
The law requires you to include all assets, including claims that you have, such as your lemon law case, include all assets, such as your car, and include all debts, such as a car loan. You have no choice in the matter.
However, the effect that a bankruptcy will have on such matters depends...Read more »
The Judge signed and discharged all debt including student loans. I am then told student loans won’t discharge. The Judge signed off on ALL debt listed no exceptions so why are they not handled that way by collection agencies? I need a lawyer to help me.
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