Gailyn Wink's Answers

Which states have short residency requirements for bankruptcy filing?

There is no residency time requirement to file bankruptcy. You can file in any state where you are domiciled, even if you just moved there. Additionally, you can file anywhere you have assets. What is determined by the length of time you have lived in a given state is which exemptions will be available to be used in your bankruptcy.

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Debt collection

Absolutely not! If you owe them more than the $10,000 they will probably take legal action no matter what you do, and post dating a check for that large an amount is a terrible idea. You cannot write checks if you don't have the money in the account, it is a crime. You should find a bankruptcy attorney who offers free consultations to discuss your options. An attorney can tell you what your legal options and rights are and help you make smart decisions and not be bullied by debt collectors.

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Bankruptcy

Absolutely. Although getting the car back is unlikely, a bankruptcy will wipe out any possibility of the lender getting a deficiency judgment against you for what you still owe on the contract. It will also wipe out unpaid medical bills and credit card debt.

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Difference of Chapter 7 and 13

Credit card debt is usually dischargeable in bankruptcy, and if you haven't filed bankruptcy for 17 years you would be eligible to file another Chapter 7, if you pass the means test for income. You can file in Colorado, if this is your new place of residence. You do not need a lawyer to file bankruptcy, but it is highly recommended. The 2005 changes to the bankruptcy code have created many new twists and hurdles. Most bankruptcy attorneys will provide a free consultation to discuss your...

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I was granted discharge from bankrupcty almost 2years ago .

If your case was a "no asset" Chapter 7, meaning that the Trustee did not collect and distribute any of your property/money to your creditors, then all debts you had prior to filing bankruptcy are effectively discharged. In Colorado there is a case (Padilla) that holds that a "no asset" Chapter 7 discharges all pre-petition debts, except for those that would fall under one of the limited exceptions to discharge listed in the bankruptcy code. If you were represented by an attorney, you want...

Me and my husband want to file bankrupcy his checks are being garnished. We own two vechicles they are paid off completely. will

In Colorado you are each entitled to claim a $5,000 Motor Vehicle Exemption. That $5,000 applies to equity in the vehicle, meaning what you would keep if you sold the car. If you are both on the title, you can each claim your portion of the exemption, for a total of $10,000 in Motor Vehicle Equity. The situation with your friends taking over a loan is possible more complicated and I would need more facts to evaluate the situation. The best choice would be to talk to a bankruptcy attorney who...

Rules for serving a summons.

One thing about process servers is that they don't always follow the rules. I can't tell you how many clients I have who were served improperly. Problem is, it really doesn't matter, winning a case on improper service is difficult and expensive. Rather than worry about dodging process servers, you should have a free consultation with a bankruptcy attorney to look into getting out from under your debts. And yes, they can serve either party on a joint debt. Anyone who signs a contract that...

Bankruptcy was discharged, since then have been divorced. Did not do a reaffermation. Now my credits to low to refinance? Help?

Your inability to refinance has nothing to do with not having a reaffirmation. If you didn't reaffirm the mortgage debt, you can walk away from this home with no liability to you. You can also live rent free while the lender forecloses, which may take a year. You can refinance without a reaffirmation. If the banks will not refinance for you it is probably a combination of your credit score and the equity level in the house. It has nothing to do with not having a reaffirmation. You may want...

If only one spouse files bankruptcy because of credit card debt in their name only what will happen to the house that is in both

Your wife's liability for any future actions for a deficiency judgment, if the house sells for less than you owe or if it is foreclosed upon, will be wiped out by her bankruptcy. Your liability will remain. Additionally, the mortgage lien on the house will survive her bankruptcy. Basically, as long as your wife does not have more than $60,000 worth of equity in the house, you will both be able to live there and keep paying the mortgage. If you cannot afford to continue living there, your...

Bunkruptcy

There is no requirement that you have a certain amount of debt to file bankruptcy. Whether bankruptcy is right for you depends on your situation: your income (which determines what chapter of bankruptcy you are eligible to file) and the nature of your debt (which debts are dischargeable and therefore can be wiped out by filing bankruptcy). Back child support and student loans cannot be discharged in bankruptcy. Certain back taxes can be discharged, if they meet the requirements. Credit card...