If you declare a Chapter 13 bankruptcy, your assets must remain in your name, unless you get permission from the Court to transfer the asset. Also, you should not transfer assets prior to filing without speaking to a bankruptcy attorney to ascertain all of the possible consequences
There is no limit to the number of bank accounts you can have when filing a bankruptcy. Although in your bankruptcy you must list each account on Schedule B,. and state the amount in each account on the date you file the bankruptcy..
I am current on the first mortgage but did not reaffirm. The institution holding the second wants to foreclose or negotiate their balance ($50,000). The home has around $60,000 in equity. Could the second holder foreclose ? What about the first. I have no contract, am I building equity for the... Read more »
You don't have to reaffirm home loans in California. You can always look to the possibility of a modification or settlement if you have the money. The 2nd could foreclose but it is unlikely. Generally 2nds in this position just want some money to go away. A chapter 13 is also available,...Read more »
There is no one answer to this question, as you can see from the previous answers. How much you are charged will depend on whether you are doing a Chapter 7 or Chapter 13 (of Chapter 11, which isn't very likely). Also, it depends on the attorney to whom you are speaking. My advise to you is...Read more »
The short answer is yes. There are all sorts of considerations that should be clear before he files. First and foremost is he using a reputable attorney. Next is he filing a Chapter 7 or Chapter 13. Another question is do you have equity in the property and if so how much. Also, how do you...Read more »
Are you sure the notice to move was from the Court, or was it from the Trustee. I would recommend you call the trustee and tell them of your situation and ask for more time to move. As for your tenants, the trustee will have to deal with them, not you. Generally the trustees will work with you...Read more »
My husband and I had paid off the BK attorney last year and then he had a heart attack. I have been my Dads caregiver since Mom died (well sister and I) last year. Dad died a few weeks ago and now I feel my personal debts will totally screw over the estate. For me personally any proceeds after... Read more »
This is not the type of question that can be answered with the information provided. You need to find a bankruptcy attorney that you can give the details of your financial situation to, and receive information about all of your options. I am assuming you are concerned about filing bankruptcy...Read more »
Generally all of your unsecured credit card debt will be discharged, but there are exceptions. If you went out and charged up the card or cards and then filed bankruptcy, the filing could be challenged by one or all of the cards you charged up. Or if you used a card for anything but household...Read more »
In a Chapter 7 - As a non-filing co-debtor on a car, you are left with the legal responsibility for the car, unless your wife reaffirms the debt. Reaffirming a debt is signing a promise to the lender, that she will continue to be legally responsible for the car as well as you.
Because this question is in the bankruptcy practice area I will assume you are talking about a Bankruptcy Judge. A judge can recuse him or herself if they believe there is a conflict with them presiding over the matter, but that does not happen very often. Basically, you cannot "judge...Read more »
In California. I filed chapter 7 and claimed 100 thousand for the homestead. I filed alone. Me and my wife qualify for the 175 thousand dollar homestead. We made under 35 thousand and I am over 55 years old. The Trustee said I can't claim it because I was not 55 when I filed for Bankruptcy. I... Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.