I have a estimate of $5,000 debt, back rent of $8000 and a car loan I'm still wanting to continue to keep. I can't catch up on my rent or debt. I'm a single mom with my only income. Should I file for bankruptcy?
answered on Jun 28, 2022
Bankruptcy maybe able to provide you immediate relief if you have been trying to catch up on payments and debt for awhile now. Bankruptcy can get rid of back rent, credit card debt, medical bills, etc...You can likely keep your car in bankruptcy as bankruptcy law allows for a bit of protection for... Read more »
I never have filed for bankruptcy and I'm thinking I need to. I need to know if this is the right thing to do. I also owe back rent and would like to know if that would be included?
answered on Jun 27, 2022
Bank rent can be included in bankruptcy. About how much back rent do you owe and how much other debt do you owe? Do you have income? What assets do you have? These are some questions that have to be answered to determine if bankruptcy is a good option for you.
I put in a deposit to start my bankruptcy, I ended up settling with the card companies and canceling the the bankruptcy. I then asked for my deposit back since we didn't do a contract and the lawyer refuses to return it, says its a consultation fee when the receipt he gave me says deposit and... Read more »
answered on Jun 26, 2022
As you've never filed your bankruptcy case, the bankruptcy court has no jurisdiction over your claim.
It may be that the US Trustee's office, or the California Bar Association, would be the more appropriate agency to entertain your grievance.
Do I need a lawyer to help with a foreclosure
answered on Jun 24, 2022
Whether you’re a landlord or tenant in the foreclosure process, it is advisable to consult a lawyer. The foreclosure process can be complex and you may need adequate legal representation to guide you along the way.
Fitness company- Officers are myself and husband. Devastated by pandemic and not able to recover. There’s unfiled back taxes and a recent $110k judgement from a defaulted business loan with me only as the personal guarantor. I hired a firm several months ago to help negotiate a settlement but... Read more »
answered on Jun 16, 2022
There are many issues you mention that far exceed what can be discussed on this site. I urge you to consult with an experienced bankruptcy attorney with broad experience: including creditor representation in order to explain the impact of a potential bankruptcy on the creditors and how they might... Read more »
which was established during the education, and paying hundreds of dollars each month for the principal and interest since 2013. Trying to have help from the programs, e.g., related to COVID, but representatives did not help, just tried to involve into the new obligations.
I found you on... Read more »
answered on Jun 13, 2022
Many have been affected financially by the COVID-19 pandemic. Bankruptcy may be an option for your family member. Your family member may also qualify for a fee waiver if he/she is on disability.
Be sure to consult to a bankruptcy attorney in your area.
a "judgment proof" (write off the debt) as I'm no longer in the country and have no means to return. I still use a friend's address in Walnut Creek for my social security and IRS. My wife was sick with an autoimmune disease so we had to live off CCs for the last two years). My... Read more »
answered on Jun 7, 2022
If you no longer live in America, filing bankruptcy in California is not an option for you.
a "judgment proof" (write off the debt) as I'm no longer in the country and have no means to return. I still use a friend's address in Walnut Creek for my social security and IRS. My wife was sick with an autoimmune disease so we had to live off CCs for the last two years). My... Read more »
answered on Jun 7, 2022
It's a mathematical decision: you should complete the questionnaire that most firm want, and then decide from the result what you should do. Debt counseling, in my over 50 years of practice, don't want to send you through bankruptcy because that is not the way they make their money.... Read more »
I didn't see anything in FRBP. Because it's an adv case, does FRCP apply instead?
answered on May 27, 2022
The Federal Rules of Bankruptcy Procedure are just that, procedural rules.
"Fraud on the court" is a serious accusation, and several statutes, as well as court and bar rules, may apply. Remember, proof of fraud is generally required to be proved by clear and convincing evidence,... Read more »
the case is dismissed and I can refile adding some additional debt. Is this possible.
Thank You.
answered on May 24, 2022
Were the debts you are talking about adding, incurred prior to the filing of your chapter 13 case or were they incurred since the filing? Also, a chapter 13 case can be dismissed voluntarily, by filing a request with the Court. I suggest you talk with a bankruptcy attorney directly to discuss... Read more »
Is a CA. judgment debt from an eviction still owed, even if it is past the statue of limitations? Does a judgment of type stand forever until paid?
answered on Apr 25, 2022
If you have a judgement it's usually for 10 years. You can then re-new for 10 more years but have to pro actively deal with it. It's not automatic. You used the term statute of limitations which is something completely different. You should sit down with an attorney and get some help so... Read more »
I am pursuing a California professional state license that requires a credit check and might need to clear up some old judgments from 10 and 14 years ago. I can pay the amounts originally owed, but adding on the interest pushes beyond what I can afford. Is it possible to make this type of deal with... Read more »
answered on Apr 18, 2022
A bankruptcy lawyer should be able to provide you with legal advice and representation for this matter. In fact, both of those judgments may have expired and become unenforceable due to the passage of time, unless they were timely renewed.
he told me yes then i took money out next day , then they told me i deposit a check fraud can i go to jail
answered on Apr 12, 2022
There are a number of prevalent scams involving fraudulent checks. I'm sorry to learn you that you may have been a victim.
Unfortunately, it is difficult to determine the possibility of criminal charges without knowing more details surrounding your situation. You did not mention how... Read more »
His scheme to play victim and try to retaliate again. He has cases such as this since 2000. Lost truck, collections asking for $38.675 calling it eviction aftermath and Mayhem. Despites and fixed. I have tons of evidence that I didn't get to show because my SC case heard 11/20. UD was... Read more »
answered on Apr 11, 2022
this sounds like a UD Real Estate/ Civil Case, and I handle PI and DUI Matters.
However, if he is a flake, you may be throwing good money after bad.
a lawyer will not likely take on a case like this on a contingency.
instead, you will pay on an hourly basis.
if you... Read more »
In this case, 10 years have passed, there is no renewal, no attempt to collect or attempt to pay by any party. Does the interest continue beyond the 10-year time a judgement is valid? Is it possible to negotiate a settlement agreement to pay the original amount owed without the interest added and... Read more »
answered on Apr 5, 2022
There is a possibility that a judgment creditor will negotiate a settlement for less than the debt amount owed; however, this is never guaranteed. A settlement agreement largely depends upon your circumstances (i.e., negotiation, the creditor, the debt amount, collection history, etc.).... Read more »
I am being sued by an original creditor in California. The cause of action is both "account stated" and "open book".
1.) Do these two causes contradict one another?
2.) Why would the creditor select both?
3.) If I ask for a Bill of Particulars for the... Read more »
answered on Mar 20, 2022
Multiple causes of action is routine and are generally plead in the alternative. They can also prevail on all causes of action. They may also prevail on one cause of action and lose on the other. That is why they do that. Nor does the BOP have any impact on the alternative causes of action. The BOP... Read more »
I make $20 an hour , I got behind on payments because I lost my job and I am in debt for $7000, all cards are in collection to debt agency charged off. One of them is suing me , I could settle that but I won't be able to settle all if any others come after me but may be able to pay monthly .... Read more »
answered on Mar 11, 2022
Provided that you take the necessary steps to seek reaffirmation of a vehicle loan, you don't lose the vehicle based upon the judge's decision.
Granting or denying a creditor's motion to approve the debtor's reaffirmation of a vehicle loan only impacts whether or not the... Read more »
I have the name of the loan company that issued the loan to this stranger that stole my identity. Can I file a lawsuit?
I live in Rosemead any lawyer near me
answered on Feb 23, 2022
first, you need to file an identity theft report with the FTC (and maybe your local police station).
Then you send a dispute to each credit bureau with a copy of the police report and ask them to remove the entry on your credit report. See annualcreditreport.com for instruction. Make... Read more »
We are looking for lawyers who specialize in bankruptcy law and insurance coverage law to help us figure out our situation. In short, we had a contractor building a new custom home for us, abandon our job, file for bankruptcy and move out of state taking money with them that was intended for... Read more »
answered on Feb 14, 2022
Yes, it's an asset. You need to request relief from bankruptcy to proceed against the limits of the insurance policy. Also, the contractor's insurance policy does not provide coverage for shoddy work. It does provide coverage if your property is damaged by shoddy work, e.g., you have... Read more »
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