Your title loan may provide you with a short grace period after the monthly payment due date.
Other than perhaps a courtesy call from the title lender regarding the status of your payment, you should expect your lender to repossess your vehicle as soon as it legally can pursuant to your...Read more »
It is possible to file an emergency bankruptcy petition and obtain an automatic stay pursuant to Bankruptcy Code Section 362 which is applicable to vehicle lenders and would be violated if repossession subsequently occurred.
However, a Chapter 7 petition alone isn't necessarily going to...Read more »
Whether your income matters at all depends on whether the majority of your debt is consumer or nonconsumer. If the majority of your debt is consumer, then the next step is to determine your household size and the type (W-2 employment, self-employment, Social Security, etc.) and amount of income...Read more »
That will not protect the property from being reached by a chapter 7 trustee. If you transfer the property without receiving comparable value and return, you will create a recoverable fraudulent transfer for your bankruptcy estate for up to 10 years depending upon the types of creditors you have...Read more »
Public Counsel Law Center Los Angeles (213) 385-2977 might be able to help you. Several bankruptcy courts in the Central District of California have self-help desks. Fee waivers and fee payment plans are sometimes available by application to the court at the time you file your petition.
I am in active bankruptcy (not yet discharged) My home was sold to satisfy claims. The Trustee issued me $75K for my Homestead Exemption and said it should be reinvested in a primary residence within 150 days. What are my options (i.e., rent? motorhome? co-invest?)?
Inheritance is separate property of the receiving spouse under California law, but it can be transmuted (changed) into community property and thereby become a potential bankruptcy estate asset in your husband's potential individual bankruptcy case. Therefore, you need to understand how separate...Read more »
Probably not. However, you need to provide an experienced bankruptcy attorney with all of your financial facts and circumstances so that he or she can help you determine your options. If bankruptcy is a viable option, then your attorney will help you determine which of your assets (or how much...Read more »
Was served on August 8, 2018. My husband was ill with terminal cancer & couldn't work. I live in Northern California, El Dorado County, I'm 56 years old & became disabled & couldn't work. Took a long time to get our disability & went through our savings & had to survive on credit cards. Husband... Read more »
Foreclosure is the biggest risk of not paying a loan secured by your real property. When you stop paying a loan secured by your residence a foreclosure trustee's sale may ultimately take away your title (ownership) interest. you may or may not owe anything to the junior lender after the...Read more »
My creditor called me today asking for the car. I told her to contact my trustee and she started shouting saying the trustee has nothing to do with this. She started calling me ignorant and shouting saying do whatever you want i don't care.
The Bankruptcy Code section 362(k) provides for an individual (including the debtor) to recover actual damages and potentially punitive damages for a willful violation of the automatic stay, you would likely have difficulty proving damages. However, the automatic stay terminates as to personal...Read more »
If a creditor is calling with the intent to collect a debt, then the automatic stay arising from the filing of your bankruptcy is being violated regardless of whether you are represented by and attorney or not.
If your children are not minors or full-time college students living at home, or otherwise claimed as dependents on your tax returns, they will not count toward the Means Test median income component or the calculation of projected disposable income. You should consult with an experienced...Read more »
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