Bankruptcy Questions & Answers by State
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Bankruptcy Questions & Answers
Q: What can you do if a creditor filed a lawsuit against you but never served you .
Harlene Miller's answer
Apparently from you have indicated, a lawsuit was somehow served on you - either directly or someone at your residence accepted the document on your behalf when served. There are lots of questions related to how information can be provided to you, i.e., when was the lawsuit filed with the Court, when was the debt actually incurred, were any payments made on the debt after the debt was incurred? There may also be options for you if you dispute the validity of the debt or validity of service...
Apparently from you have indicated, a lawsuit was somehow served on you - either directly or someone at your residence accepted the document on your behalf when served. There are lots of questions related to how information can be provided to you, i.e., when was the lawsuit filed with the Court, when was the debt actually incurred, were any payments made on the debt after the debt was incurred? There may also be options for you if you dispute the validity of the debt or validity of service...
Q: Am I liable for my wife's credit card debt? We are married and she's is going through some mental distress(bipolar?).
3 Answers
| Asked
in
Bankruptcy, Collections, Consumer Law and Family Law
for
California
on
Answered on Jun 21, 2017
Answered on Jun 21, 2017
Suzette Douglas' answer
It depends. California is a community property state. This means that debts incurred by your wife before marriage are generally hers alone unless you were a co-signor. However debts incurred during the marriage generally belong to the community which means joint responsibility. You mentioned your wife has bi-polar. Is the debt spending illness related? If so, does she need to have her medication adjusted to help curb the spending? Another suggestion is to have your wife join Debtors...
It depends. California is a community property state. This means that debts incurred by your wife before marriage are generally hers alone unless you were a co-signor. However debts incurred during the marriage generally belong to the community which means joint responsibility. You mentioned your wife has bi-polar. Is the debt spending illness related? If so, does she need to have her medication adjusted to help curb the spending? Another suggestion is to have your wife join Debtors...
Q: My petition to file bankruptcy was rejected. Can I appeal it?
Nels Hansen's answer
It is unclear from your question what happened. Contact a local bankruptcy attorney and schedule a consultation. They will be able to explain what is going on. You can search for an attorney using the Justia "Find a Lawyer" link at the top of this page.
It is unclear from your question what happened. Contact a local bankruptcy attorney and schedule a consultation. They will be able to explain what is going on. You can search for an attorney using the Justia "Find a Lawyer" link at the top of this page.
Q: I am current on all my bills but have been using my 401k to stay afloat. I am almost out of money, what are my options?
David Earl Phillips' answer
Talk with a bankruptcy lawyer in your area. Chapter 7 or 13 may be an option. They can look at your entire situation and advise you what would be best for you to consider. Look on Justia for a lawyer near you. Hope it works out. Good luck!
Talk with a bankruptcy lawyer in your area. Chapter 7 or 13 may be an option. They can look at your entire situation and advise you what would be best for you to consider. Look on Justia for a lawyer near you. Hope it works out. Good luck!
Q: How long do you have to wait until applying for bankruptcy, when you bought some stuff.
Stuart Nachbar's answer
You should wait at least 90 days for big purchases, if normal everyday things 30 days
You should wait at least 90 days for big purchases, if normal everyday things 30 days
Q: already filed chapter 13. i have my counceling certificate from 5 days later. how to prove to court emergency filing
David Earl Phillips' answer
A strict reading of the bankruptcy code would say you do not have a case for failure to do the counseling. On top of that, almost no pro se Chapter 13 cases are approved in the first place. There is a certain amount of local practice as an answer to your question so I would strongly encourage you to talk with a bankruptcy lawyer in your area. It may or may not be possible to save your case but they will know how your bankruptcy judges look at these situations. Hope it works out. Good luck!
A strict reading of the bankruptcy code would say you do not have a case for failure to do the counseling. On top of that, almost no pro se Chapter 13 cases are approved in the first place. There is a certain amount of local practice as an answer to your question so I would strongly encourage you to talk with a bankruptcy lawyer in your area. It may or may not be possible to save your case but they will know how your bankruptcy judges look at these situations. Hope it works out. Good luck!
Q: debt collector suing me for a car repoed 2 years ago. What are my options to stop company from garnishing wages, etc.
Mr. Chad Thomas Van Horn's answer
Yes, bankruptcy is still an option and this debt is dischargeable. You should speak with a local bankruptcy attorney ASAP.
Yes, bankruptcy is still an option and this debt is dischargeable. You should speak with a local bankruptcy attorney ASAP.
Q: If I move and declare bankruptcy in another state, will the California exemptions be able to be used?
David Earl Phillips' answer
Yes. If you move you will use the California exemptions until you have been in the new State for 2 years. After 2 years you would then use the new States exemptions. There are exceptions to this rule if you live in more than one new State in the 2 year time period. Talk with a bankruptcy lawyer in the State you are moving to and they will be able to advise you how this will work. Good luck!
Yes. If you move you will use the California exemptions until you have been in the new State for 2 years. After 2 years you would then use the new States exemptions. There are exceptions to this rule if you live in more than one new State in the 2 year time period. Talk with a bankruptcy lawyer in the State you are moving to and they will be able to advise you how this will work. Good luck!
Q: Hi I filed BK in 2011 and in schedule F it listed my private student loans. My BK was granted does that mean it was dis
Stuart Nachbar's answer
Student loans are not usually discharged unless you filed an adversary proceeding and proved the requisite elements. So I would doubt that they were discharged. I would also suggest contacting your counsel if you filed through one
Student loans are not usually discharged unless you filed an adversary proceeding and proved the requisite elements. So I would doubt that they were discharged. I would also suggest contacting your counsel if you filed through one
Q: Do you have lawyers in Alabama I could work with through email if I were eligible to file bankruptcy?
Nels Hansen's answer
You need to contact a local bankruptcy attorney and see what they are willing to do. While many aspects of preparing a bankruptcy for filing can be done by email, phone, fax and regular US Mail, you do have to physically sign the petition and schedules. You can search for an attorney using the Justia "Find a Lawyer" link at the top of this page.
You need to contact a local bankruptcy attorney and see what they are willing to do. While many aspects of preparing a bankruptcy for filing can be done by email, phone, fax and regular US Mail, you do have to physically sign the petition and schedules. You can search for an attorney using the Justia "Find a Lawyer" link at the top of this page.
Q: What are some steps I should consider before deciding to file bankruptcy?
Nels Hansen's answer
The very first step should be to contact a local bankruptcy attorney and schedule a consultation. Many will provide a short consultation at no charge, so be considerate and be prepared.
Many attorneys will have a worksheet for you to fill out and bring to your appointment. You need to know how much you make so bring a paystub for all jobs and your spouse's jobs.
You will need to know who you owe. So make a list of your debts both secured and unsecured such as houses, cars,...
The very first step should be to contact a local bankruptcy attorney and schedule a consultation. Many will provide a short consultation at no charge, so be considerate and be prepared.
Many attorneys will have a worksheet for you to fill out and bring to your appointment. You need to know how much you make so bring a paystub for all jobs and your spouse's jobs.
You will need to know who you owe. So make a list of your debts both secured and unsecured such as houses, cars,...
Q: I only have my daca and do to the financial situation I'm in I'm considering to file bankrupcey. Could this affect me?
James Geoffrey Beirne's answer
The filing of a bankruptcy will not effect your ability to adjust status in the future. §525 of the Bankruptcy Code says that the government cannot discriminate against you merely for having filed for protection under the Code. As far as your DACA, have you considered applying for Advance Parole? If granted, when you reenter the country, you will have been "admitted or paroled" which means with a qualifying relative you could adjust status to a permanent resident (green card) without...
The filing of a bankruptcy will not effect your ability to adjust status in the future. §525 of the Bankruptcy Code says that the government cannot discriminate against you merely for having filed for protection under the Code. As far as your DACA, have you considered applying for Advance Parole? If granted, when you reenter the country, you will have been "admitted or paroled" which means with a qualifying relative you could adjust status to a permanent resident (green card) without...
Q: I cosigned on a vehicle for my son and now he is putting it into his bankruptcy. Will the lender come after me?
Stuart Nachbar's answer
Probably will come after you on the deficiency after they repossessed the vehicle.
Probably will come after you on the deficiency after they repossessed the vehicle.
Q: Why were my voluntary payroll deductions returned to me from my credit union when my bankruptcy notice went out?
David Earl Phillips' answer
The payments within 90 days of your filing bankruptcy would be considered a preference under section 547 of the Bankruptcy Code. You may go back and pay the credit union after your bankruptcy completes if you wish to. Discuss with your lawyer if you have further questions. This is very normal and occurs all the time. Nothing to worry about. Good luck!
The payments within 90 days of your filing bankruptcy would be considered a preference under section 547 of the Bankruptcy Code. You may go back and pay the credit union after your bankruptcy completes if you wish to. Discuss with your lawyer if you have further questions. This is very normal and occurs all the time. Nothing to worry about. Good luck!
Q: What steps do I take when my attorney has not represented me in a chapter 13, I've lost my car now it may be the house
David Earl Phillips' answer
You are free to fire your lawyer at any time. Talk with other bankruptcy lawyers and see if they are willing to take over your case. It is very important that you have an attorney that you can work with in dealing with you 13 case. Look on Justia for a bankruptcy lawyer in your area. Good luck!
You are free to fire your lawyer at any time. Talk with other bankruptcy lawyers and see if they are willing to take over your case. It is very important that you have an attorney that you can work with in dealing with you 13 case. Look on Justia for a bankruptcy lawyer in your area. Good luck!
Q: Filing for Ch7 BK. What if I can't pass means test for Ch7 and can't accommodate Ch13 payment terms? I'm self employed.
Manuel Alzamora Juarez's answer
Depends what your household size is and your combined gross income. For example how much did you both grossed in 2016. We can do a means test analysis for you if we get both of your pay stubs over the past 6 months. You can certainly do a single filing, her student loans and debts don’t matter. Best of luck.
Depends what your household size is and your combined gross income. For example how much did you both grossed in 2016. We can do a means test analysis for you if we get both of your pay stubs over the past 6 months. You can certainly do a single filing, her student loans and debts don’t matter. Best of luck.
Q: I had student loan debt taken from my expected income tax return.
Stuart Nachbar's answer
Most student loans are not dischargeable so filing the bankruptcy will not assist.
Most student loans are not dischargeable so filing the bankruptcy will not assist.
Q: What is the bankruptcy means test and how does it work?
Stuart Nachbar's answer
It is a test to determine if you qualify for a Chapter 7 without a presumption of abuse. It is based primarily on your gross income and compare it to the median income in your jurisdiction.
It is a test to determine if you qualify for a Chapter 7 without a presumption of abuse. It is based primarily on your gross income and compare it to the median income in your jurisdiction.
Q: If one spouse files for bankruptcy, is it best for both to do so in order to protect/exempt jointly owned property?
Carol Cadiz's answer
That is going to depend on several factors, including whether or not the spouse has any debt, the value of what is owned, how many exemptions you have, etc. I see that you are in Springfield, please contact a local attorney in your area as bankruptcy is complex; they can best advise you once they have the complete picture- including income, assets, etc. Good luck.
That is going to depend on several factors, including whether or not the spouse has any debt, the value of what is owned, how many exemptions you have, etc. I see that you are in Springfield, please contact a local attorney in your area as bankruptcy is complex; they can best advise you once they have the complete picture- including income, assets, etc. Good luck.
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