Hello. If you only have social security income and your assets are exempt under the new mexico state exemption laws you may not even need to file bankruptcy. Your social security income may not be garnished by creditor and if your assets are exempt those cannot be taken either. Your creditors may...Read more »
If you plan to keep the car and continue making payments, then your father will not be affected by you filing bankruptcy. However, if you fail to make the payments and they eventually repossess the vehicle then that will negatively impact him since he is equally liable for the debt you have...Read more »
Yes. It will not only stop further lawsuits against you, but it will stop the pending lawsuit and the collection of any judgements that have been entered against you. In fact, if you have already been garnished, then that money that was taken in the 90 days before filing may be recovered as well....Read more »
No. Winning the judgement is just the first step for the company. After winning the judgement they have to collect on the debt. They will usually ask the court for an order from the judge that will allow them to take money from your bank account or from your wages. They also could file the...Read more »
Yes, but the stay will only last the during the bankruptcy proceeding and the creditor may ask that the Court to terminate the stay. The judge in the bankruptcy case will make that determination based on the type of bankruptcy you filed and the circumstances involved. Usually, a judge will grant...Read more »
New Mexico is a community property state and either spouse can enter into a debt and make the other spouse liable. If you got a divorce that would end the community property and thus a debt incurred after the divorce you should not be liable. I would seek out an attorney and try to quash the...Read more »
Yes. The medical company could be using a collection company to go after you or they collection company may have purchased the debt from the original creditor. Either way, they are entitled to pursue you for the debt owed. The statute of limitations in New Mexico for collection of the debt is 4...Read more »
The alleged debt is over 14 years old. The letter, and the Fair Debt Collection Practices Act, says I have 30 days to dispute the debt or they will assume it is valid. Most online advice I read tells me, whether I think the debt is valid or not, to send them a letter and ask for more information.... Read more »
You should ask that the debt be validated. It won't be an admission if the debt is valid or not. Also, it is good if they know your address, so if they do decide to sue you they will have a good address to send the summons and complaint. When you get sued, its important to respond to the...Read more »
Possibly. I suggest consulting with a bankruptcy attorney to see if you may be eligible to file a chapter 7 bankruptcy which would eliminate any unsecured debt. Most bankruptcy attorneys do not charge for the initial consultation.
The short answer is "No". You can hire an attorney to prepare the case and your attorney can file the case for you while you are away, however, you will have to be present to attend the Section 341 meeting, also referred to as "the meeting of creditors", usually within 30-45 days after filing.
Yes, you can file for bankruptcy. However, what type of bankruptcy available to you may be dependent on your income. Also, what choice of bankruptcy to choose will be related to your intentions with regard to what assets you wish to keep, for example whether you wish to keep your home. I...Read more »
Please call a bankruptcy attorney right away. Most bankruptcy attorneys provide a free initial consultation and if you can prepared to give a summary of your financial situation they will be able to counsel you how to proceed.
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