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My friend was sued, paid $10,000.,got an attorney who then passed the case over to another attorney friend, who told my friend she needed to file Chapter 11 bankruptcy and ask for $35,000. retainer. My friend didn't want bankruptcy, has no corporation, but has assets in real estate. June... View More
We are in Chapter 13 , and her an I are in good terms and planned out spousal support and we both would keep a car. The court mediator said we had to get a lift of the chapter 13 Stay before doing the separation of assets but that would defeat the purpose of the Chapter 13. The payments to the... View More
answered on Jan 7, 2020
You cannot do a division of assets until the bankruptcy is final unless you get approval from the court bc said assets are the property of the bankruptcy estate.
3500.00 credit cards
answered on Jan 4, 2020
Hello,
Some of your IRS debt may be dischargeable in bankruptcy. Other debts such as credit cards, personal loans, and medical bills are typically dischargeable. You can also keep your car in bankruptcy. If you lost income and are having trouble making payments then bankruptcy may be a... View More
I am in an odd situation in which I live in both NH and CA and could claim residency at both. I would like to file BK for student loan discharge ( 93K) due to economic hardship. ( I support both CA and NH household).
I am worried that if I file in NH , I may not pass the brunner test due... View More
answered on Jan 3, 2020
Highly unlikely that they get discharged completely in either state. They almost never do. I suspect CA would be the best place, but again, not likely for much relief in either state.
This was clearly a strategic move by the creditor to serve me via mail just prior to the holidays so I would have little to no recourse. I need help filing a motion for extension of time to object, to extend the automatic stay , to find legal assistance and to have someone appear on my behalf at... View More
answered on Jan 2, 2020
You and your attorney must b be served by mail at least 14 days before the hearing. That means that the Notice and other documents go INto the mail 14 calendar days before the hearing. If on 14 days notice, the first hearing is considred a "preliminary hearing". At that time the court... View More
I have no transportation
answered on Dec 21, 2019
I have helped clients with this issue through chapter 13 where their overall financial circumstances, not only the repossessed vehicle recovery, justified the administrative costs and supported a feasible plan of reorganization.
Sometimes it is more cost efficient to recover the vehicle... View More
I'm a owner operator truck driver and debt has piled up. I'm roughly at $25,000 on credit cards and other obligations has caused me to go under water quite a bit.
I'm 2 years in with my corporation self employed, and both years of tax returns are showing $30k or less after... View More
answered on Nov 25, 2019
I am unclear as to what you are considering and why. Personal chapter 7 or corporate? Both represent issues that can only be addressed with more information from you. I urge you to contact a bankruptcy attorney to discuss these options and issues. Several of us offer a no charge consultation... View More
Its State & Federal and its quadzillions well more but yah and from start of filing tell now with being served it's still going on so I thought leins to start asap Motel , Parking garage and cars and 2 check cashing stores
answered on Nov 22, 2019
It depends on your case but usually most recently filed tax returns, 60 days paystubs, retirement account statement, life insurance policy, vehicle payoff statement if financing, vehicle lease if leasing, and at least 1 month bank statements. However, this is not an inclusive list and each case is... View More
Bad credit before bankruptcy. Needed a car. High % rate. Car not worth anything now and still owe $8000. Still paying for it and its not on my credit. will it hurt me if I let it go?
answered on Nov 21, 2019
Did you list the creditor in your case? Did you sign a reaffirmation agreement? Has you bankruptcy case concluded with a discharge?
These are critical issues related to your question. Please resubmit with more information, or contact me.
We now live in Iowa how do I convert to a chapter 7 Some of the remaining $8000 owed in my plan is to my attorney which is a bit awkward what are my options. Would I have to fly to California to attend the meeting of creditors or can it be done remotely given the expense to travel
answered on Nov 16, 2019
A chapter 13 case can be converted to chapter 7 at any time. It is a fairly simple form. I recommend you talk with your attorney or if he will not assist you because you owe him money, you will likely need to find another attorney to advise you about the conversion and have your attorney... View More
I have outstanding, very high credit card debts it is unlikely I can ever satisfy. Is bankruptcy the answer?
answered on Nov 15, 2019
Bankruptcy may well be the answer. There are limitations on who can file, etc... so you need to sit down with an experience Bankruptcy attorney and go over all your options.
answered on Nov 4, 2019
Look at all the case law under student loan litigation, specifically in CA. They will give you an idea of what the Courts analysis will be so you can prepare for it.
are there any other codes other than 703 and 704 and the federal codes listed?
answered on Nov 4, 2019
The state exemptions where the bankruptcy is filed if they are permitted in that jurisdiction.
It's past 3 years and do i have to go court or do try to call the credit card company?
answered on Oct 21, 2019
The statute of limitations for breach of contract in California is four years. You might be able to resolve the lawsuit by contacting counsel for the credit card company and offering a settlement. You have a limited amount of time to file a written response to the complaint and you need to pay... View More
She is may be on drugs she is married to my son she has a boyfriend canmy son get help can I see my Granddaughters
answered on Oct 16, 2019
Your rights are derived from your sons rights. You should have your son take her back to court for a parenting schedule and to enforce parenting time. Then you can see them during his parenting time.
The potential client is a 71 year old woman whose husband passed away on 9/6/19 and lives on a fixed income while taking care of her handicapped 42 year old son. She is now being inundated with creditor calls.
answered on Oct 15, 2019
As I do, I think most attorneys will charge based on their experience, the complexity of the case and the circumstances of the potential client, including their income.
My standard fee for a chapter 7 filing is $1,650 plus the court filing fee of $335. This fee can be much higher for a... View More
I have the form for the refi, but do i need to also modify my plan? I dont pay my lender through the plan. Do i also need to file something to file these without an attorney?
answered on Oct 1, 2019
If you don't have an attorney representing you in your Chapter 13 - I urge you to seek such assistance. The proposed refinance may impact your budget and therefore impact your plan which would require an amended plan. You may be able to meet with an attorney for advice about how to proceed -... View More
suffered a stroke. Now the medical bills have been forwarded to collection agencies. I have sent all of them the contact information of our French medical insurances but they keep harassing us. What should I do?
answered on Sep 24, 2019
You should send the bill to your French medical insurance company and ask if they cover such expenses.
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