Nicholas Michal Wajda’s Answers

Nicholas Michal Wajda

Los Angeles Chapter 7 Bankruptcy Attorney.

Contributor Level 7
  1. Hi, I am unemployed, but my wife has a very good job. Can I file for Chapter 13 bankruptcy in California without her?

    Answered about 2 years ago.

    1. Gary Ray Fraley
    2. Steven Anderson Leahy
    3. Nicholas Michal Wajda
    4. Michael John Primus
    5. Matthew Ronald Eason
    5 lawyer answers

    You can file a Chapter 13 bankruptcy without your wife. However, if you are still legally married your wife's income will be considered part of your overall household income. Thus, her income will be used to calculate your disposable monthly income and therefore how much of the overall debt you would have to repay during the Chapter 13 plan. Her income will also likely affect the length of the Chapter 13 plan by lengthening it from three to five years. On the flip side of this, your wife's...

    4 lawyers agreed with this answer

  2. I was told that I can keep my home and my car in a Chapter 7. Can the lender foreclose on me anyway?

    Answered about 2 years ago.

    1. Nicholas Michal Wajda
    2. Michael George Millward
    3. Dorothy G Bunce
    4. Stuart M Nachbar
    4 lawyer answers

    You can keep your home and car in a Chapter 7 bankruptcy as long as the equity in each falls within the exemption limits for your state. In Nevada the limit is $550,000 for your residence and $15,000 for a vehicle. However, this does not mean that they bank cannot foreclose on you if you are not paying your mortgage. If you do not pay the mortgage, the bank will eventually foreclose. You are protected for a period of time due to the automatic stay of the bankruptcy filing but this stay is not...

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  3. I cannot pay all of bills I receive. I've never missed mortgage payment,however, some of credit cards are unpaid for 6 months.

    Answered about 2 years ago.

    1. Nicholas Michal Wajda
    2. Clifford Sculley Bordeaux
    3. Guillermo Machado
    4. Frank Wei-Hong Chen
    5. Robert A. Stumpf
    5 lawyer answers

    As the other answers have stated, more information would be needed to determine if bankruptcy is an option for you, if it is your best option, and what Chapter you would want to file. Since you stated in the question that you cannot "cash out" I assume that you have some equity in your home. That would be a starting point (along with your income and monthly expenses) in the determination. You should definitely take the time to speak with a licensed bankruptcy attorney in your area to get...

    1 lawyer agreed with this answer

  4. After filing Chapter 7, one of my creditors raised my rate and payment amount, more than doubling the payment. Is that legal?

    Answered over 4 years ago.

    1. Nicholas Michal Wajda
    2. Theodore Lyons Araujo
    3. John M. Crane
    3 lawyer answers

    The sudden raise in your interest rate on the student loan is likely due to a clause in the original loan contract. A lot of student loans will give borrowers better rates as long as they remain current on the loan and/or raise rates if someone misses a payment. The bankruptcy trustee (the person you meet with at your "hearing" as you likely will never go to court in a chapter 7) will not address this issue nor will he/she do anything about it. The best thing for you to do is just call...

    2 people marked this answer as helpful

  5. Chapter 13, Repossessed Vehicle and Student Loans in Deferment

    Answered over 4 years ago.

    1. Nicholas Michal Wajda
    2. Dean David Paolucci
    3. Paul Stephen Johnson
    3 lawyer answers

    In California you can get the vehicle back by filing a chapter 13 and thereby reorganizing the arrears on the vehicle payment. The situation where you would not be able to do this is where you cannot convince the court that the chapter 13 plan you are proposing is feasible. This would be due to a lack of sufficient income. Your student loans will be paid at the same rate as your other unsecured creditors in the chapter 13 plan. This will not take the loans out of deferment nor will it stop...

    1 person marked this answer as helpful

  6. I am being sued for co-signing for a car. The document stated they can garnish my wages. How can I stop this from happening.

    Answered over 4 years ago.

    1. Nicholas Michal Wajda
    2. Theodore Lyons Araujo
    2 lawyer answers

    You have a couple of option on how to possibly avoid the garnishment. First, you can talk to a lawyer about filing a bankruptcy. This could potentially eliminate this debt for good as far as you are concerned. A second option would be to appeal to the judge at the time the creditor attempts to place a wage garnishment on you. If you can prove that a garnishment would cause you extreme financial detriment (meaning you would not be able to pay rent and eat), a judge can reduce or deny a...

    1 person marked this answer as helpful

  7. Can we file a Chapter 7 in San Diego County if we live in Riverside County

    Answered over 4 years ago.

    1. Nicholas Michal Wajda
    2. Timothy George McFarlin
    3. Mitchell Paul Goldstein
    3 lawyer answers

    You are required to file in the County in which you have resided for the 91 days prior to filing your case. The only way to file in San Diego would be if you were actually living at your son's apartment and had been living there for at least the 91 day period. One thing to note, the documents required by the trustee are much more detailed in San Diego county as compared to Riverside so it would likely be less work for you, or your attorney, if you did file in Riverside - where you legally...

    1 person marked this answer as helpful

  8. Being a disabled veteran having most of my debts occurred during active duty and being 60% disabled am I able to chap 7 automati

    Answered about 3 years ago.

    1. Dorothy G Bunce
    2. Nicholas Michal Wajda
    2 lawyer answers

    The general rule that you are referring to is that if you are at least 30% disabled as a result of service or if you were released/discharged due to disability AND your debt was primarily incurred during a period of active duty or homeland defense activity then you are exempt from completing Form 22A (the Means Test). This however does not always mean that you automatically qualify for Chapter 7 or that you should file for Chapter 7 as there are other factors to consider.

  9. Will i have to serve jail time

    Answered over 4 years ago.

    1. Nicholas Michal Wajda
    2. Mark Hankins
    2 lawyer answers

    You have nothing to worry about as far as going to jail as that will not happen. The person who called you is (most likely) not an attorney, rather just a debt collector trying to scare you into paying. However, you still likely need to be concerned with this debt as they will continue to try and collect from you. Eventually you will have to deal with this debt in some fashion. If you have other debt that you are not able to pay as well, or if you simpy will never be able to even pay off...

  10. What happens to my 20% mortgage if I file bankruptcy?

    Answered over 4 years ago.

    1. Aruna P. Rodrigo
    2. Nicholas Michal Wajda
    3. Maureen Andrea Enmark
    3 lawyer answers

    A lot more detail is needed about your situation to fully answer your question. One such detail is whether your home is upside down when compared to just your first mortgage (the 80% mortgage). If it is, you may be able to benefit from a chapter 13 bankruptcy in which you could get caught up on your first mortgage and potentially strip off and permanently remove the 2nd mortgage. If your home is not worth less than you owe on the 1st mortgage, you could still potentially benefit from a...

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