Our combined debt is about $40K and we cannot afford to pay such a high price for a lawyer right now. We want to be able to buy a home in the near future, and are considering settling each debt individually or filing BK if that would be more affordable.
That fee sounds like it is twice as much as your case should cost!
Here are links to two articles I have written which I know will help you alot:
https://www.mybankruptcy.lawyer/best-bankruptcy-lawyer/
https://www.mybankruptcy.lawyer/how-pay-your-bankruptcy-lawyer-5-hacks/
Gave jewelry as collateral- got a loan for $13000 = trying to buy back items from pawn broker who want $27942.26
Can they charge that much interest?
The paperwork states 45% charge annual is that loan sharking?
Good question. 45% may be too much. Here is a link to all of the rules: https://law.justia.com/codes/california/2007/fin/21200-21209.html
Pawn Shops in California are regulated by the California Department of Justice, which enforces the California Financial Code and regulations requirements... Read more »
We are a freight forwarder and at the brink of filing for bankruptcy. Our client, the shipper, ran out of warehouse space to accept shipments and instead had the trucking company hold the containers for over three months. The shipping company charges detention or per-diem fees for the containers... Read more »
You should immediately consult an attorney to review all the contracts and any other paperwork. Without seeing the contracts, there is no way to answer your question.
Yes it does. The bigger your household, the more generous are the deductions.
In the last few years I am battling with the mortgage company to save my second house. I tried to get a modification from the lender but unfortunately without success.
Since 2015 I field three BK 13 because of financial hardships, and to stop the sale process and obtain a modification.... Read more »
Generally speaking, multiple bankruptcy filings to frustrate the legitimate actions of a lender over the same property are difficult, and will usually, but not always, be unsuccessful.
The court does not like to be used as a revolving door for anyone to have all the benefits of the... Read more »
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.
But there is an... Read more »
I suffered a heart attack and other disabling issues and could not work and my bills suffered too.
I filed chapt 7 and I was still evicted even though I filed an automatic stay to the court
I the clerk says she didn't have to send it up to the judge and it say in my case but... Read more »
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 »
Can they legally make me pay. He also said they are gonna serve me papers at the place of employment friday and I could possibly get fired
I smell something really wrong. I doubt they are legit. And I believe there never was any such debt.
First, the statute of limitations in California is only 4 years from the date of default. It sounds like they have no right to sue even if the debt ever was legit.
There is a lot of... 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 »
Your debt is considered discharged whether or not the debt was listed, unless you have a legal basis to object to the discharge.
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... 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 license.
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 »
My wife and I are legally seperated , the house has always been hers , but added me to help pay the loan , we have a verbal agreement that if our marriage did not work out that the house is hers .
I think the best advice you are going to get is for you to consult with an experienced BK lawyer immediately.
Among other things, a knowledgeable lawyer will ask you certain questions, so be prepared to provide: Who filed the BK, how much is the property now worth, how much is owed on it,... Read more »
Assuming that you are otherwise eligible for a bankruptcy discharge, your hospital bills may be discharged in bankruptcy.
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... Read more »
OMG! There are hundreds of attorneys who limit their law practice to handling only bankruptcy cases. You might want to look for lawyers who are certified specialists by the California Bar Association.
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... Read more »
The short answer is that you cannot automatically discharge your old student loan*. However, you may discharge it, if you successfully sue the lender in bk court on the grounds of "undue hardship."
I recommend that you do some simple research yourself on the subject of a... Read more »
house was bought in 2008 with my name with first time buyer benefits.
one time deposit with my bank account and never made payments with my account afterwards.
my parents has all the records of paying the loan.
2 years ago, the ownership of the house was transferred to my... 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... 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 »
The short answer is that you cannot automatically discharge your old student loan*. However, you may discharge it, if you successfully sue the lender in bk court on the grounds of "undue hardship."
You will probably find that the requirement of "undue hardship" sets a... Read more »
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