Alan D. Walton’s Answers

Yes, there are additional things that need to be done like paying the conversion fee, filing a statement of new debt, otherwise updating the schedules, doing a new means test, providing information to the new trustee for the chapter 7 and attending another meeting of creditors. I usually charge more than that.

You should be able to do your taxes as usual. If you receive any 1099c forms, you file IRS form 982, and is found here: http://www.irs.gov/pub/irs-pdf/f982.pdf You would check the box for 1a - (title 11 is the bankruptcy code) and put the amount of any 1099c you receive in line 2. That's it.

I sure would not recommend a voluntary dismissal until the sale is ready to close. In fact I agreed to stand by during a closing, so that I could dismiss when the title company assured me that all had been completed. I would then dismiss electronically and have proof of same to the title company before it had everyone's copies made. The bank yanked the approved short sale and the closing never occurred. Based on your experience with Bank of America so far, what makes you think it will...

Based on the limited information you provided, it sound like chapter 7 would be the proper choice. You should consult with a local bankruptcy attorney to verify this.

You are being foolish. The accident apparently happened after the bankruptcy filing, so it has NO bearing on your bankruptcy at all. Whatever settlement occurs is supposed to compensate you for a number of issues associated with your injuries. Things like future medical needs, lost wages, pain and suffering among other things. To think you should take those funds, necessary for your current and future well being, and pay debt your bankruptcy will discharge makes no sense. Finally, studies...

If this is an UGMA (Uniform Gifts to Minors Act) account, then it is protected from creditors. However, you need to be sure that her father cannot access the account without a court approving the expense. You may want to consider a trust that will be monitored by the courts.

Your question is too broad. It is like asking how much to get a set of tires for your vehicle. Unless you can provide more information about what your vehicle is (Schwinn, Harley, Hummer or 18 wheeler), no one can give you a meaningful answer. Your income, expenses, debts, assets, and many other issues all have a bearing on how much time it will take to handle your case, which is how our fees are determined.

You will owe the tax for 2012. You just were not required to make estimated payments during the year. That does not mean you do not have to pay the taxes you owe on your 2012 earnings.

You can file 8 years after you filed the 2005 case. Judgment proof, as used by attorneys, means that even if your creditor gets a judgment, it cannot do anything to harm you financially. So if your only income is SSDI, then the creditor cannot garnish those funds. Sometimes you might have an asset that can be seized, but it sounds like an attorney has reviewed your circumstances and determined that you do not - hence you are "judgment proof"

Did you list and exempt the refund? You might be able to amend your schedules to do so. You may need to file a motion to compel the trustee to at least release your wife's share.