We live in WA state. Debt is personal loans and credit cards. The personal loans are in my name alone. I am the owner of the credit cards, but my wife is a co-borrower. She has no income and has had no income for over 8 years. Would I have to file bankruptcy with her? If I file alone, could... Read more »
answered on Apr 26, 2023
You can file for bankruptcy relief singly (her income would be considered in a determination of "abuse of the bankruptcy system", but you appear to be exempt from that).
If you file a Ch. 7 case, there is no legal protection in a bankruptcy that covers her. In a Ch. 13 case, the... Read more »
answered on Apr 8, 2023
No. Discovery requests are not filed as a public record, unless, and only to the extent that, the same are controverted and a protective order is sought. The same is true of documents produced in response to discovery requests. Only after culling, and if a judge permits, are documents produced... Read more »
Hi everyone, I don't have any specific geographical location in mind, so if lawyers have examples of laws that they know of, regardless of region, it'd be interesting to hear them:
Is there anything in the law to prevent litigation used by one larger company (that can handle... Read more »
answered on Jan 4, 2023
Generally not unless it involves the purchaser becoming so large as to violate the Sherman Anti-trust Act. The activity you describe is called corporate raiding but is usually legal when performed within the rules of a particular state.
I got into an accident and didn’t have insurance and am now expected to pay $22,000. I don’t have that kind of money and am trying to explore my options. Desperately need help.
answered on Jan 3, 2023
Really the best answer to this question is to consult with an experienced bankruptcy attorney. Usually married couples file bankruptcy together, but they are not required to and some file individually. If you file individually without your husband joining the petition it may or may not effect him... Read more »
I allowed my cousin to use my 9k credit card back home overseas to assist him with starting a business. He agreed to pay it back in a timely manner so I agreed to it. Few months later I received many return check fees on my credit card which maxed it out to over 55k on my credit card balance which... Read more »
answered on Nov 4, 2022
Your entire financial situation needs to be evaluated before you file bankruptcy but score you do that, why don’t you report the activity as fraudulent and see if the bank or lending agency will refund or void all those charges as fraudulent. You may only be liable for the first $50 if it is... Read more »
they say they will and when asked if there is a problem they assure you not, how should you deal with this?
answered on Apr 26, 2023
Ask for an itemized statement of charges, discharge them as your lawyer and hire a new lawyer.
Currently working with a lending company that I have paid each month since we financed the vehicle. Currently fiancee and I are in quite the finacial hardship and I asked them if I could pay them on the 3rd, knowing that I will also be making a payment on the 18th as well in March. Payment is due... Read more »
I have bankruptcy back in Nov 2019.
I forgot to include one of the collection from 2018.
It’s been 4 years is there any way to remove it?
answered on Feb 13, 2023
Contact your bankruptcy attorney to see if the petition can be amended.
answered on Feb 19, 2022
I am not so sure you are correct. Have you talked to a Bankruptcy lawyer where you live now? To have jurisdiction where you now live you have to have lived "the greater part of the last 180 days".
Go see the lawyer
I have the money to pay the amount for "the amount alleged to be due and still owing under said judgement"
This amount is higher than the amount on the collections agency website. I just want to pay it and never have to think about it again. How do I do that?
answered on Jan 15, 2022
Send a cashiers check directly to the creditor by certified mail, return receipt requested.
I am the one making payments. Should I be worried . Does this affect my home? could they take it?
answered on Nov 22, 2021
As against the bankrupt, a mortgage or note provision that the filing of a bankruptcy triggers and acceleration of the debt has been held to be unenforceable by most courts.
And so long as the mortgage debt is being paid as due, most mortgage lenders/servers are happy and would not attempt... Read more »
So I have my car and credit card from the same credit union. And I am not able to afford either payment. Hints trying to file chapter 7. If I file would I be able to get both of them written off? Or will they go after me and sue me for filling?
answered on Jul 31, 2021
No one can hope to prevail by claiming some sort of damage simply because you have filed for bankruptcy relief. If you meet the eligibility requirements for the bankruptcy chapter of your choice, you're bullet-proof from any such claims.
However, it may be that some creditor may seek... Read more »
basically my wife has taken everything and I want to keep our home. I will have to buy her out, but will need to file chapter 13 after. Can I include this settlement to avoid having to pay her. I have already paid over $50K in alimony and $80K in attorney fees,
Husband and I are filing chapter 7 to discharge a civil judgment. However our son is also on the judgment, will they come after him after we file?
answered on Feb 20, 2021
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 »
The co signer for my car filed for bankruptcy so now the bank won’t let me pay. When I try, it says that it’s covered under the bankruptcy. Now the bank is coming after my car if I don’t pay for all the missed payments. So they won’t let me pay but now they want all the money “I owe”
answered on Sep 21, 2020
They can’t repossess your car while the co-signers automaton stay is in place. Hire a lawyer and let him straighten out the issues between you and the lender going forward.
Our attorney is out of town for the holiday weekend. We have our court date/time but hadn't received anything from the court directly. Went back and looked at our paperwork. Only our physical address is on them not our mailiing.... is this going to be a problem? We have no time to file... Read more »
answered on Sep 4, 2020
No. Both you go and take your drivers licenses and social security cards. If you do that, everything should be fine.
Considering trading this car in on a much cheaper vehicle and putting the 10k on a credit card so I'm not upside down in a vehicle before I file.
Is this a good idea, or a horrible idea for filing chapter 7? I don't want to be upside down in a vehicle, and really need to start completely over.
answered on Aug 13, 2020
Consult a bankruptcy attorney before you do anything. Divorce obligations are NOT dischargeable in bankruptcy.
He also made me very sick. I have been blocked from seeing any documents. I am in need of a attorney ASAP
answered on Jun 4, 2020
The short answer is, you need an attorney that understands both family law and bankruptcy law or two lawyers that know each individual area of law to work together.
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