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$38k in CC’s, LoC’s, and medical bills. I am on SSDi and gross $1238 a month($1106 after Medical) & I just recently acquired two pieces of raw land in California; One in particular I would someday like to live on. I live with family and pay no rent. I can not afford to not live with family... View More 
answered on May 31, 2018
You need to consult with a local bankruptcy attorney who can analyze your situation and give you your options so you can lot the best course.
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answered on May 18, 2018
Yes both real and personal property as long as fair market value and equity within the applicable exemptions.
I paid off a car about 4 years ago, and ended up selling it. I wrote out a bill of sale, but the people that bought it, did not transfer ownership. Now I need to file for Chapter 7, and I'm financing a vehicle. I don't want it to mess with my bankruptcy, or my car. What can I do?
answered on Apr 24, 2018
Just list it as an asset and indicate you surrendered it. Won’t affect you at all. The trustee can decide what to do with it. But be absolutely sure you list that car bc it is still in your name.
answered on Apr 23, 2018
An example would be s large personal injury settlement, the amount of which exceeds your available exemptions to protect.
answered on Feb 11, 2018
2019 for a chapter 7,and you could file for a Chapter 13 already. Talk to counsel in your state please.
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answered on Jan 31, 2018
Typically 90 -110 days from date of filing to discharge.
pay $3200 before they will allow me to re-instate my license, will a bk take this away? and if so, how long would it take to get that off my record so i can get my drivers license back? thank you
answered on Oct 4, 2017
If the debt is discharged in bankruptcy the no-insurance restriction will be lifted and you should be able to get your licenses reinstated. The BK process normally takes about 3+ months.
For the amount of money involved, you should look for a different way of resolving this. If this is your... View More
My mom was prey to a predatory loan. Shortly after her husband of 35 years passed, she was talked into a reverse mortgage, and told she wouldn't have to worry about anything. When I came into the picture, they had paid for 3 years. I tried to get her exempt from property taxes every 6... View More
answered on Feb 2, 2017
You need to contact a local bankruptcy attorney and schedule a consultation as soon as possible. If you are facing foreclosure and if it is appropriate you want to file the bankruptcy before the foreclosure sale. Once the foreclosure sale takes place your options will be limited if not gone... View More
I've tried getting a hold of my lawyer and he doesn't e-mail or return calls. My petition file date is 10/26/2010. My first payment was made two weeks later. Nov, 2010. The plan was filed on 2/2011. When does the 60 month countdown begin? Petition filing, first payment or plan filing... View More
answered on Oct 6, 2015
You might want to look it up in Chapter 13 of the Bankruptcy Code (available online). It should also say in the plan.
But in any rate, the answer is that the 60 months (or it can be a shorter period) is from the date of the filing of the plan plus no more than 30 days. See... View More
It has been less than 2 years since we filed the chapter 13. We separated and starting paperwork to divorce. One of us wants to file a chapter 7, can one of us do this without the other? If so, what happens to the balance being paid on the chapter 13?
answered on Jun 18, 2015
Yes, but first a motion to divide the case or deconsolidate the case must be filed and additional court cost must be paid. One of you will receive a new case number and then either of you can file a motion to convert the case.
answered on Feb 18, 2014
A: There is no such distinction. When you file Bky everything is included. Everything you own and owe. You can keep things, such as a mortgaged property via a Reaffirmation Agreement, but still everything owned and owed is included.
answered on Feb 18, 2014
A: Depends on how the matter was handled, i.e. Default, Summary Judgment, Trial, etc. After that, is depends on the diligence of the Plaintiff’s Attorney and the backlog at the Clerk of the Court.
answered on Feb 18, 2014
A: When you file Bky everything is included. Everything you own and owe. You can keep things, such as a mortgaged property via a Reaffirmation Agreement, but still everything owned and owed is included.
answered on Feb 18, 2014
A: Easiest and cheapest way is just to stop making your Plan payments, and the Trustee will do it for you. Alternatively, you can file a Motion to Dismiss. Either way will require a hearing and the dismissal will be with Prejudice – you will be not be permitted to refile for at least six months.
answered on Aug 17, 2012
If it was after 2005, you can obtain info regarding the case from PACER. This is a free govt service, as long as you use less than $10 of services in a calender quarter. Just sign up, and then do a query at the PACER website, in the jurisdiction where they were incorporated, where their assets... View More
I filled chapter 7 with my spouse and the 341 hearing is tomorrow. My personal injury case is not settled yet. Is it correct that, under both federal and Washington State exemptions, that a personal injury settlement is exempt up to $21,000?
answered on Feb 18, 2014
A: Generally, if a Defendant in a PI case files for Bky, the Plaintiff files a Motion for Relief from Stay, so they can proceed against the Insurance Company; however, if the accident was relating to a DUI, the matter will not be discharged.
answered on Feb 18, 2014
A: If the underlying claim arose prior to the filing of the Bky, you should include the claim in the Bky and file a Suggestion of Bankruptcy in the Small Claims Case. If the underlying claim arose after the filing of Bky, you still owe it.
answered on Dec 8, 2011
Bankruptcy Fraud is a Federal Offense, which can result in serious prison time and or files. This may place you in an uncomfortable position, but you should be upfront, nonconfrontational, and tell him, in a friendly, but direct manner, "sorry, but I cannot do this". If he continues to... View More
answered on Jan 19, 2012
It can be doubled only if the funds were awarded to both husband and wife.
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