Yes, you can keep your Corporation while you go through an individual Chapter 7. My understanding is that you own 100% of the shares of your Corporation. You can apply an exemption to the value of your shares to protect that asset. The value of your shares in your Corporation is calculated from... View More

Bankruptcy is certainly something you should consider, but it might not be your best option.

Consulting with an experienced bankruptcy attorney to review your assets, debts, income, expenses, transfers of property and payments on debts owed to family members, etc.. is a good way to find... View More

Some of the items that may be exempted under Federal laws other than title 11 include:

Foreign Service Retirement and Disability payments, 22 U.S.C. 1104;

Social security payments, 42 U.S.C. 407;

Injury or death compensation payments from war risk hazards, 42 U.S.C.... View More

The statute of limitations for breach of contract in California is four years. You might be able to resolve the lawsuit by contacting counsel for the credit card company and offering a settlement. You have a limited amount of time to file a written response to the complaint and you need to pay... View More

If you don't receive any better options, then you could try contacting a local attorney member of the National Association of Consumer Bankruptcy Attorneys, using the find attorney feature at NACBA.org, and ask whether or not that attorney provides pro bono services directly or through... View More

It is impossible to determine whether you are eligible for a chapter 7 discharge and whether that is your best option, based only upon the information that you provided in your question.

If you are married and your spouse is employed, both of your incomes must be used, together with other... View More

Before getting to your two questions, you should be aware that despite not being a cosigner, a cardholder on your account can be liable for that cardholder's purchases and CA community property law defines certain types of debt as belonging to both spouses when they are incurred during... View More

I'm sorry for your circumstances which sound stressful and frustrating, you are certainly not alone.

You could spend a lot of time energy and money obtaining a judgment and trying to collect the judgment from someone without succeeding.

You might be eligible for a bankruptcy... View More

Setoff is a contract issue. The answers to your other questions as best given during a telephone consultation regarding all of your facts and circumstances.

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... View 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... View 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... View 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... View 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.

Yes. Not only must you disclose, but your bankruptcy estate may have an interest in that property depending upon the terms of the prenuptial agreement.

California is a community property state and the marital community can develop an interest in the separate real property of either spouse... View More

California Code of Civil Procedure Section 704.710 provides the definition of a dwelling and the types of dwellings which may your homestead which include a house, a mobile home, a boat, etc.

If you don't reinvest the homestead funds within the six months deadline, the trustee will... View More

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... View 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... View More

SSDI is exempt from creditor claims under Federal Law - 38 U.S. Code Section 5301, with very few exceptions.

You are entitled to additional exemptions from creditor collection for your personal property under California Law - California Code of Civil Procedure Section 703 or 704.... View 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... View More