Our combined debt is about $40K and we cannot afford to pay such a high price for a lawyer right now. We want to be able to buy a home in the near future, and are considering settling each debt individually or filing BK if that would be more affordable.

Shop around. There are many competitive prices available from qualified attorneys who offer free consultations.

Yes. You should start at pacer.gov. If they don't have the records there then go to the Bankruptcy Courthouse where the case was filed.
Gave jewelry as collateral- got a loan for $13000 = trying to buy back items from pawn broker who want $27942.26
Can they charge that much interest?
The paperwork states 45% charge annual is that loan sharking?

Yes it is, and probably they can. Pawnbrokers have the ability to charge massive interest rates under many state laws. I am not familiar with your state, but here in Florida it is confiscatory.
You only mention bankruptcy. Go see a good local bankruptcy lawyer (not one of those mills... Read more »
For example, my brand is: Pinky Minnie Couture or Destiny Minnie Arts ...

Not a criminal law question.
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.
At the risk of asking two... Read more »

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 »
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 »

You should immediately consult an attorney to review all the contracts and any other paperwork. Without seeing the contracts, there is no way to answer your question.
Paid partial 2000.00 for filing 13 now not working and lawyer saids can pay later but I owe 7000.00 and must pay upfront to file 2400 for chapter 7 too . Do the courts look at I'm still going to be indebt and cut cost of amount I have to pay ? and car will have to pay lawyer to help me not... Read more »

Rarely unless the lawyer has not earned the fees.
Dismissing soon to file 7 lawyer is doing asked lawyer for itemized fees , never told me adding on 3000 plus already owe 5000 in trustee portal . I know that, If retainer said in chapter 13 I owe is this considered secured debt since they put I'd take loan on home to pay remainder if I... Read more »

It's hard to understand exactly what you are asking here. You should get clear answers from your current attorney. Ask for a sit down meeting and bring a list of your questions and make sure you understand the answers before leaving.

You should file an Answer. Otherwise, they'll get a default against you. That should buy you time to figure out next steps, including filing for bankruptcy. Once you file for bankruptcy, you'll get an automatic stay on collection efforts. You can then get the case dismissed because... Read more »

You can file bankruptcy and eliminate the debt if you qualify. Call and attorney that practices bankruptcy and consumer protection law for a consultation.
Identity theft not caught until my credit card account was long depleted for my business

File a police report for the identity theft (PC 530.5, et. al.) and a fraud claim with the bank and/or credit card company. You should not need to file bankruptcy.
Last month I collected all the paperwork to file with a lawyer, but now my husband just told me he wants a divorce & for me to leave. We rent this house, but owner sides with him. The lawyer I was going to hire changed his mind today because I now have to move to northern california with... Read more »

As usual when attorneys don't adequately communicate, a lot of this doesn't make sense. Perhaps you just didn't understand all of what you were told, but more likely things weren't explained well.
If you are under median income with your husband, why would you file a 13... Read more »
My income is below the median, but because my rent is quite low, I have about $500.00 left over each month after I pay my monthly expenses. Will the availability of the $500 each month prevent me from filing a Chapter 7?

The low rent will not usually affect your ability to file chapter 7 if your income is also low.
Get in touch if you are in the general Sacramento area and I will give you detailed information and advice.
I launched a new business the day shelter in place in California occurred. I'd been building the business for over a year & living on savings that's gone. I was a teacher for 20 years and had to quit due to cancer. I don't qualify for government help though I've tried. I... Read more »

From what you've said, it would appear that Chapter 7 bankruptcy is the likely remedy for you.
It's best that you consult with a qualified bankruptcy attorney who will explain the entire process.
In our office, we provide consultations in that regard without charge.
It was discharged December 2020 however I pulled his petition and he lied regarding his income. He failed to list his live-in girlfriend and her income towards household bills and he also claims our son lives with him when he signed over his rights for visitation a year ago. Has seen our son 8... Read more »

A bankruptcy discharge can be revoked for fraud, but it must be initiated within 6 months of the entry of the discharge order.
The Bankruptcy Schedules are signed under penalty of perjury. If a bankruptcy debtor attests to a deliberate lie in the Schedules, the penalty for perjury is 5... Read more »
Applications including two co-applicants who have applied for my rental property have filed for BK chap-7. Two of the applicant's BK is in Discharge status (2018) but the third one's BK (Oct 2020) is in filed status. Should I rent my property for them? What are the pros and cons? Would my... Read more »

It appears that you are dealing with them in what we call "post petition". The fact that a Chapter 7 is pending may present an issue if the bankrupt proceeds without the consultation with his counsel, and probably the trustee, but I cannot see how your property would be included in any... Read more »
How much time does Movant have to reposed the vehicle?

The vehicle can be repossessed anytime after entry of the order granting the motion. I suggest you contact attorney that filed the motion and arrange a time for repossession. Be sure to remove your personal items from the vehicle. After repossession and sale, you may receive a letter regarding... Read more »
Creditor is for secured for vehicle I do not want.

Creditor has to serve the executed order on you and then they can take the vehicle
This is for a vehicle that had interest rat of 20.8% owed more then car was worth.

The motion is heard 21-30 days after filing depending on when the hearing date is set. You can call the court and and ask and thr creditor has to serve a copy of the order on you.

Yes. Very technical and confusing.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.