As long as you don't receive the tax refund (money in hand) and it is directly sent to the State of California by the IRS or the Department of Revenue, then the Trustee should not ask you to turn over those funds. The Trustee could request the funds back from the State directly, but it is... View More

If you filed your bankruptcy petition in 2018, the bankruptcy estate is only entitled to your 2017 tax refund, as long as your 2016 tax refund that you received in 2017 was already spent and it was spent on reasonable and necessary items. The trustee may ask you how your 2016 tax refund was spent... View More

As long as you received your bankruptcy discharge, the vehicle lender was notified of the bankruptcy, and the reaffirmation agreement was not approved by the Court, then the vehicle lender should not be able to continue collection efforts from you. Since there are several details to look at, I... View More

The Trustee is looking into real estate transactions to find out if there are any funds available for your creditors from the sale. He/she will probably want to know what the proceeds from the sale were and how/when they were spent. Since your sale was four years ago, you probably won't have... View More

All income sources must be reported in bankruptcy, even if they are considered to be non-current monthly income. A federal exemption provides the debtor with the right to receive a veteran's benefit, but this exemption does not eliminate the debtor's obligation to report it for income and... View More

Typically, you are able to seek employment in another state and move to the other state during a bankruptcy, but you are required to stay current on your plan payments and keep the Court and the Trustee updated as to your home address and change in circumstances. You should also speak with an... View More

There are numerous factors that should be analyzed in determining whether you should file a Chapter 7 or a Chapter 13 bankruptcy. Most people will file a Chapter 7 bankruptcy, as long as they qualify for it. However, there may be situations where even if you qualify for a Chapter 7 bankruptcy, a... View More

Generally, the inheritance will be property of the bankruptcy estate. If you have a lawyer you need to talk with them about what your local court does in these cases. It probably depends on how much you are talking about. If you do not have an attorney I would suggest you call the trustee and ask... View More

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answered on Dec 28, 2017

The obligation to pay the other party's legal fees related to a divorce case may be seen as a type of family support obligation. You are freeing up the father's income by taking over his obligation. It is an indirect form of family support. The same is true for any other debts you were... View More

Your employer should have provided you with a copy of their Answer to the writ of garnishment, but you should have also received a copy of the writ of garnishment and notice from the creditor in the mail, typically to the last address they would have on file for you. Unfortunately, it is common... View More

You can file a Chapter 13 Bankruptcy and not lose your home or your current loan. In many cases, Chapter 13 bankruptcies are filed for the purpose of saving a home from foreclosure. In order to protect your home, it is strongly recommended that you hire a bankruptcy attorney to assist you with... View More

You can file a chapter 13 now, but not be eligible for a discharge, but you can reorganize your debts now

You should have no problem as the SSDI will qualify for payments to be made under a reaffirmation for the vehicle.

You need to contact your bankruptcy attorney before you do anything. Just because a debt does not appear on your credit does not mean you do not owe it.

If you reaffirmed the loan on your manufactured home loan, you are responsible for making the payments. It may be that the mortgage... View More

When you file for bankruptcy, an automatic "stay" gets put in place that prevents any creditor from taking any action to collect against you. (Note that there are a number of circumstances that prevent the automatic stay from taking effect, most notably with prior bankruptcy filings.)... View More

Hello. Understand that, if you file for bankruptcy, it would be as to ALL of your debts (or at least all of the dischargeable ones). A person cannot pick and choose which debts are included in a bankruptcy filing. You file for yourself, and you must list all of your debts. Any filer is then... View More

The first thing to do would be to send them a copy of your Notice of Filing, which you should have gotten from the court shortly after you filed. That SHOULD hold them off, because even if their debt is not dischargeable in bankruptcy, the creditor is subject to the automatic stay (assuming you... View More

Any spouse is free to file a separate bankruptcy. However, keep in mind that your spouse's income will be included in the calculation as to whether or not you are eligible to file a Chapter 7 (vs. a Chapter 13) bankruptcy. That may end up disqualifying you from a Chapter 7, which is... View More

There is really no reason not to file, but you should be sure that there is nothing you are missing or have some assets that would be at risk. Check with counsel there

As you may have heard, most student loans are very difficult to get discharged in a bankruptcy. You have to show "undue hardship" in order to get them discharged, and that has proven to be an extremely high standard to meet. This applies to most student loans, including ones from a... View More