I'm also htv from dui's. This is the fourth time caught w/o insurance. I've already called down state to see what with them is going to happen with my license. 1 year suspension, 3 years Sr 22 insurance, and a $1000 reinstatement fee unless the judge does something else. I'm... Read more »
Will they ask for his bank statements being that he is not filing. He’s receiving unemployment. They did ask for pay stubs showing he received unemployment, but my question is being that he’s not filing do they normally request a non filing spouses bank statements?
When one individual in a household seeks bankruptcy relief, the income of other household members is of interest to the Ch. 7 Trustee, because of the "means test", which determines eligibility to be a Ch. 7 debtor (compared to a Ch. 13 debtor). The presumption is the nonbankrupt...Read more »
My family member is mentally ill, and I am also his representative payee. I have provided financial assistance for lodging totaling approximately 10k in smaller amounts over the course of 2 years. The money I had provided went toward keeping him from homelessness. Does this still fall under the... Read more »
So if my chapter 13 is not discharged at the end due to my refunds not being sent to the trustee, can I pay the refunds and subsequently be discharged? Or will I be penalized and not discharged at all?
That depends upon the wording of your confirmed Plan. If the plan required you to pay your tax refunds to the Trustee, then you will be in default of your plan payments, and no discharge will be entered until all plan payments have been made. If your plan does not specify that your tax refunds...Read more »
Mom and dad are both late in their late 70's and I know dad has $25 - $35 thousand in credit card debt and his business has at least that much. I can make the house payment but if one dies I can't pay his bills. How would bankruptcy work in California.
You have posed a multi-part complex question that only be definitively answered by a talented real property/bankruptcy lawyer in California. For instance, you cannot just waltz down to the court house and "take your name off" a mortgage. You are also resident in a community property...Read more »
Yes. Receiving income via cash, private income, Bitcoin, or any other means can be disclosed to the Court to comply with 11 USC 521 / 11 USC 707 via an Affidavit prepared by your Attorney. The value of the compensation has to be disclosed to the Court. It must be included on the Means Test...Read more »
We are a freight forwarder and at the brink of filing for bankruptcy. Our client, the shipper, ran out of warehouse space to accept shipments and instead had the trucking company hold the containers for over three months. The shipping company charges detention or per-diem fees for the containers... Read more »
Although you have no assets for creditors to take, you might decide you don't want the hassle of collection calls, or just in case you receive non-exempt assets or income in the future, that these are not taken from you by a potential judgment. However, you may decide it is too expensive to...Read more »
Do I have to give the trustee my tax refund in chapter 13 bankruptcy? I called my attorney and spoke to a Lady in the office and she said that the trustee doesn’t take tax refunds anymore. Wasn’t able to speak with my attorney personally.
I do not practice in Alabama, so that question would be dependent on the local bankruptcy rules that govern your case. In the Eastern District of Missouri, where I practice, the local rules require that debtors turn over their tax refunds (over a specific allowable amount) to the Chapter 13...Read more »
I’m in a chapter 13 bankruptcy, and just want to know if I need to report new car insurance? I’m a year into my payment plan. Our insurance is outrageous and want to find a new company. Also I know most companies do a soft credit pull, will that affect anything? I’m in middle district... Read more »
Find a more reasonable insurance carrier. I have changed twice in the past two years for just that reason (I don't live that far from you) and they are competitive. Be sure you have adequate liability limits and equivalent uninsured motorist coverage. It's always the other guy who has...Read more »
In a Ch. 7, the automatic stay, and the permanent injunction included in the final Discharge, only protects the debtors who file the bankruptcy case. Assuming that the civil judgment is not for a non-dischargeable kind of debt (e.g., fraud, willful destruction, and specified kinds of personal...Read more »
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