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*money not spent on rent.
answered on Apr 25, 2018
any change in financial position should be reported to the trustee but check with your attorney before you do anything that could jeopardize your case.
Her sole source of income is her monthly $1579 Social Security, her minimum pmts on her credit cards is just under $1000. Which doesn't leave enough money for living expenses (utilities, food, etc.). My first inclination is a credit help service but, after researching this, here best case... View More 
answered on Apr 24, 2018
You should consult with a local bankruptcy attorney. Ask them to evaluate if she is "judgement proof" and what they recommend she do.
answered on Apr 20, 2018
There are occasions when the creditors fail to honor such a request, whether it's sent certified or otherwise.
In any event, you have nothing to lose by resending the notices, other than the cost of postage.
It should be noted that once you file your bankruptcy petition, the... View More
My friend took out a loan to get a car to use for his 1099 job. After some time he didn't want to keep paying for it, I had no car, so he added me to the title and the loan so that I could utilize it for the 1099 job myself (Lyft) and take over the payments. After a year, he wanted the car... View More
answered on Apr 17, 2018
No. You must list all assets and debts. Filing Chapter 7 will get you off the note and car loan. As long as your friend continues to pay the loan, shouldn’t be a problem.
The title loan sent me payment request by email and it was within the 30 days of my automatic stay. My lawyer says those cases never win so he did not suggest to pursue it. However I was still making payments to the title company because I was trying to hold on to the car, but after my lawyer... View More
answered on Apr 16, 2018
I urge you to seek advice from an experience bankruptcy attorney. If you are talking about a car loan, the bankruptcy code requires reaffirmation of the loan in order to keep the car. I have not heard of a lender unwilling to accept a reaffirmation agreement - unless perhaps you were very behind... View More
answered on Apr 16, 2018
Secured debts are treated differently in Chapter 7 bankruptcy than other kinds of debts. Although the secured debt itself may be discharged in bankruptcy (and usually is), the creditor may still have a right to take the property back if you default on the payments.
I'm dying. I've known that for 3+ years. I outlasted the doctors expectations, but it's "going down" now. I have a pile of credit card debt & some decent life insurance policies going to my niece & nephew. Is there any reason for me to go through the hassle of... View More
answered on Apr 2, 2018
The questions you ask require a confidential discussion with a bankruptcy attorney for specific advice. In general, if the creditors have not sued you and no one has a judgment, you can continue what you are doing. If there is going to be a probate estate due to the size of your estate, then you... View More
I have a judgement. I put a lien against their bank account. The bank was listed in their bankruptcy so they won’t release the money to me. I was notified by the bank there was a bankruptcy. The filer didn’t forget to list me. He filed at the same time he submitted statements to the court in... View More
answered on Mar 28, 2018
Your debt is considered discharged whether or not the debt was listed, unless you have a legal basis to object to the discharge.
I got in a car accident 7 months ago. I wasn't on the owner's insurance .Denied the claim.I rear-ended another vehicle.(NO INJURIES) Now it went to a collector.They are threatening to suspend my license.The other parties insurance is blaming me for the accident but I have 2 witnesses who... View More
answered on Mar 27, 2018
Your question was directed to Bankruptcy and I am a bankruptcy attorney. I suggest you find an attorney that handles accident litigation - you need to meet with an attorney to discuss the specifics of your case. Do so as soon as possible. Try contacting the State Bar of California for attorney... View More
filing or is there a way I can cancel my petition?
answered on Mar 24, 2018
It is possible to dismiss a chapter 7, but it must be by motion and is at the discretion of the Judge. You need to see a bankruptcy lawyer near you that will know the local customs of your bankruptcy court. You will not be in trouble for filing the case but, you may no longer need the bankruptcy as... View More
answered on Mar 23, 2018
See if Section 707(b)(2)(D) of the Bankruptcy Code applies to your situation. If so, you may avoid the means test. Best to see a bankruptcy lawyer near you as the means test is only part of what the US Trustee looks at when reviewing cases for abuse. Thank you for your service to our country. Hope... View More
A company named ASAP (American Standard Auto Protection) Auto Warranty was created as a fake company that advertised aftermarket auto warranties. They are filing for Chapter 7 Bankruptcy on April 6, 2018 in Brooklyn NY (not sure if this is the bankruptcy court date). Will the bankruptcy allow them... View More
answered on Mar 22, 2018
From the information you provided, it appears that the company may be seeking bankruptcy protection for the very reason stated in your question.
However, claims for fraud or other intentional tort claims are NOT dischargeable in BK. What you and others similarly defrauded by this company... View More
The debt agency filed suit but I've had NO summons / served papers delivered to me. I just received a copy of the form they filled out seeking entry of default / Clerk's judgment. Are they not following correct procedure?
answered on Mar 10, 2018
You need to sit down with an attorney immediately and go over your options. It sounds like they are going to allege that they served you. You have options but must get legal advice right away. We can't determine what your options are from this question without much more information. Sitting... View More
I owe 100K for winnings spent due to my mistake in filing. I declared it so it's not criminal. Interest on 100k for 9 years, so I probable own like 200K. I'm retired on $1167 a month Social Security-my sole income. I have no house, car nor any assets except my clothes. I moved to S.E.... View More
answered on Mar 1, 2018
Gambling winnings are income and taxable. Most income taxes are not dischargeable in chapter 7. There is a limited ability to do so but requires a very detailed and specific analysis which I cannot provide you through this site. I strongly urge you to talk with a CPA and an experienced... View More
Meaning the loan paid off the credit cards plus other things and the cards are now all closed. After about 5 months I am finding it hard to continue to make the payments on the loan. Can I file for bankruptcy?
answered on Feb 27, 2018
I agree, it's high time to consider bankruptcy. Most BK lawyers will give you a free consultation so you can find out if it's going to be good for you. I suggest that you not hesitate to consult several or more lawyers. You will find there are big differences between lawyers in what they... View More
I can not make the monthly loan payment amounts. Meaning the loan paid off the credit cards and the cards are now all closed. After about 5 months I am finding it hard to continue to make the payments on the loan. Can I file for bankruptcy?
answered on Feb 25, 2018
It's hard to answer your question without more information. If you used the loan to pay off credit cards and then filed bankruptcy they could try to fight it and request the debt not be discharged which would defeat your whole purpose. If you consolidate like you plan just make sure your loan... View More
answered on Feb 25, 2018
Yes, your statement is correct. The primary person would still be eligible to make and obligated to make the payments
band's name. Will this trademark be part of the bankruptcy. I was told there are some rules with Trademarks and bankruptcy
answered on Feb 22, 2018
When filing bankruptcy, you must list all assets you have. This not only includes real property (house), but also personal assets including furnishings, clothing, jewelry, cars, etc. In addition, you must also list any other assets you have an interest in - which would include trademarks,... View More
Bankruptcy was not due to mismanagement of my own funds, nevertheless still a BK. My financial license is inactive at this time, can I reinstate it once BK is final and still continue to do the only job I know. I stay in California.
answered on Feb 20, 2018
That is a question for the licensing boards. There would be no prohibition resulting from the bankruptcy.
answered on Feb 16, 2018
You need to sit down with a local bankruptcy attorney to discuss all the details of your situation. It's very difficult to answer your question with limited information but a bankruptcy most of the time will not prevent an eviction. It can delay it depending on your unique situation. But you... View More
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