I have no way to pay him
Mr. Zachary's answer is correct. Although legal fees are generally dischargeable in a bankruptcy, exceptions may exist for domestic support obligations, divorce debts in a Chapter 7 only (may be dischargeable in a Chapter 13), or Rule 11 fees. An experienced lawyer can best advise you as to where you stand on discharging legal fees.See question
I filed for bankruptcy and it was discharged in 2013. Included in the bankruptcy was an auto loan that was discharged under the original lender. The note was sold back to the dealership and now the dealership is trying to sue my husband. They did ...
Generally, in Arizona, all debts incurred during a marriage, regardless of whose name is on the debt, are community debt and both spouses are liable. Your filing of a bankruptcy would not prevent your husband from being sued, although collection could be problematic for the creditor. . This is something you should consult with an experienced attorney about as your specific facts will be controlling.See question
I am trying to see how this would affect my room mate
In 37 years I have never had a client lose an apartment in a chapter 13 or can conceive of how a debtor could ever lose an apartment due solely to the bankruptcy. Please make sure you consult with an experienced bankruptcy attorney to make sure chapter 13 and not chapter 7 is the proper option for you.See question
had an original amount of private educational loans through sallie Mae totaling 95k. I refuse to become sallie Mae's indentured slave for the majority of my life. Not happening. The statute of limitations has passed. The amount now they claim I "o...
Unfortunately, unless you are in an income contingent repayment plan, there is no statute of limitations on student loans. Student loans are one of the great scandals on our economy right now. Although it is possible to discharge student loans in a bankruptcy, the current laws make it very very difficult to do. Since there is no statute of limitations, at least you do not have to worry about cancellation of debt. If you happen to be disabled or on a very limited income with a large family, you may want to consult with a local bankruptcy attorney to see if you have any bankruptcy options.See question
Most bankruptcy lawyers do not charge a consultation fee to evaluate your situation. I know my firm does not. The important thing is to meet with an experienced attorney (not a paralegal or "car salesman" like some firms use) to look at your individual situation, and advise you of all of your options, both bankruptcy and non-bankruptcy. You will then have the necessary information needed so you can make the appropriate informed decision on what is right for you. Fees are discussed at this meeting. While you do not want to overpay, your choice of a lawyer should be based on the lawyer doing the job right and protecting you, not on what they charge.See question
I accrued the debt trying to revive my 30 year old business. I closed the business at the end of last year. I am 66 and on social security and I work part time. Now I don't earn enough money to qualify for a repayment program.
The Comments from my learned colleagues about the judgment are very accurate. The dilemma faced by clients your age are whether to file a bankruptcy or not. If your income is small and you do not have any non-exempt assets, you are what we call “judgment proof”, meaning even if a judgment is obtained against you, they will never be able to collect. Many of my senior clients who are judgment proof still file bankruptcy because it is a quality of life issue. Even if the creditor cannot collect, the stress from the harassing phone calls and possible judgment debtor exams in court make the relief offered by the bankruptcy system a very valuable benefit. You did not work hard your entire life to have your autumn years ruined by a business failure caused by the great recession we have just gone through. You should discuss these issues with an experienced bankruptcy attorney so you can make the best (proper) decision for you.See question
I need to file bankruptcy soon and it is my understanding that cases are usually filed the day 'after' payday. How will it work if the day after payday falls on a weekend? Will I have to give the trustee money for Saturday and Sunday, in order ...
This is a question your attorney will be best able to answer based on the individual facts of your case. Please make sure that you hire an experienced local attorney who will work on your case him or herself and not a discount factory who pawns off all the work to secretaries.See question
We know we will not be able to pay for all outstanding debt as well as home, which has no equity, once we establish 2 households.
Yes, this is definitely something you and your husband should explore. As you can see, local attorneys in both family law (Goetner) and bankruptcy (Nemeth) both agree here. As a bankruptcy specialist, I receive many referrals from divorce attorneys. This is because during a divorce, one thing the court must decide is how to divide up who will be paying the debts incurred during the marriage. If a chapter 7 bankruptcy is appropriate, all the debt could be discharged so that is one less thing you have to argue over or litigate in the divorce proceeding. The bankruptcy can be filed after a divorce is filed-the key is it must be filed before the divorce is final. The divorce can even help in the bankruptcy in passing the Means Test. This is a highly artificial test to determine if you make too much money to file a chapter 7 bankruptcy. I have been able to qualify for bankruptcy many of my high income debtors who fail the means test if the divorcing couple has separated because I can use expenses of two separate households. You certainly should seek competent bankruptcy counsel here.See question
I am aware that the trustee can take 25% of money owed from wages. What is the best date of the month to file to minimize the chances of losing money. Thanks.
Here is the Arizona answer. There is no best day. Generally, you want to file when the least amount of wages are due to you, e.g. if you file the day before your get your paycheck, 2-3 weeks will be due. If you file the day after you get your check, either one week or nothing is due. You really need to consult with your attorney as this is a very fact specific question. And you must beware of having any of your paycheck remaining when you file, as the trustee is entitled to any funds you have on hand when you file that exceed $300. Please go over this with your attorney or come in to see myself or my partner Scott Coombs about this.See question
My name is on the mortgage and 2nd mortgage with my ex (we were never married) he filed chapter 7. The second mortgage was filed with it. I haven't received a bill since the bankruptcy was in effect for the second mortgage. Will I now be responsi...
Brett Wittner's answer is correct. You are now solely responsible for the debt and the mortgage is still a lien on your house. You should see a local attorney to go over the legal ramifications of this, in both a bankruptcy and a non-bankruptcy context. Both my partner Scott Coombs and myself offer a free consultation in this area. You may want to come see us to go over your options.See question