could i find better?
Is there a reason you're contemplating a chapter 13 filing for only $6,000 in debt? If you do not qualify for a chapter 7 bankruptcy, then I would recommend you looking into debt settlement rather than chapter 13.
An attorney can charge upto $4000 + filing fee for W-2 employee debtors. Although this may seem like a lot, it does cover work done during whole term of the bankruptcy... but in reality if you take that $4,000 you can simply use that to settle your debt (and maybe do it for less than $4,000).
I would get a second opinion to see if you even need to file the chapter 13 vs. the chapter 7.... or even if you need to file BK at all!
Good luck!See question
My lawyer fail on 7/31 to convert my chapter 13 to 7 and with out me agreeing to it, we did talk about it but I did not tell her to go,ahed her license is suspended on 8 / 27 ,,she did not tell me only today Sunday , Tomorrow is the hear...
I would definitely go to the Meeting of Creditors and request a continuance due to the facts you stated... and then schedule a consultation with another attorney that handles chapter 7 and 13 cases so they can determine exactly what you should do. It may be the case that you should convert back ot the chapter 13 and even propose a lower plan payment... or if your circumstances have changed, they may propose that you do not convert to chapter 13 as its not in your best interest at this time...
Definitely seek out a lawyer before you file anything. You want the attorney to look at the documents that have already been filed to make sure everything is correct before you answer under penalty of perjury at the 341(a) meeting.
I hope this helps!See question
My husband and I are 3 years into our chapter 13 case. Our base amount was set at 54,000. We have paid about $33,000 in the past 3 years. We had a second mortgage thru BofA that was reduced and set as and unsecured creditor at 35%. Our balance as ...
It appears that based on your means test and budget it has been determined that you need to pay back 35% of your unsecured creditors. Once your BofA forgiveness letter came in, you should have filed a Motion to Modify Plan. This would have taken into consideration your current budget and the current proofs of claims outstanding and it would have modified your monthly plan payment amount.
Because you did not reduce the monthly payment amount (I am assuming would have dropped greatly) you were able to prepay the amount that you originally proposed. The problem now is that you will have paid off that 35% sooner than expected... but also gives the Trustee the impression that you do have the money to continue paying more to unsecured creditors.
I would suggest speaking to a bankruptcy attorney to review your plan, your proof of claims and the payouts by the trustee to determine how to best amend your plan. If your situation has changed greatly since the date of filing and your income has gone down, you can see if you qualify for converting to chapter 7 and receiving a discharge. However, note that if you filed chapter 13 because you needed to protect assets, you would not qualify for that.
Ultimately, it'd be best to have an attorney review your case and let you know how to best amend it to be most beneficial to you.See question
we have a personal and business loan of about 250$, a house and an apartment. If we file a bankruptcy what can we loose the house and the appartment.
You will not lose the apartment since it is something you are renting. The house you will not lose as long as (a) you are current on it and (b) the amount of equity, if any, is within the limits that can be protected by your bankruptcy attorney.
In part (a) - if you are not current with your mortgage, it will not be the bankruptcy court that takes your home but the mortgage company that will ask the court for permission (by way of a Motion for Relief) to foreclose.
In part (b) - even if you have equity, don't be alarmed, you can file for bankruptcy and keep the home but you will need to consult with a bankruptcy attorney to use the right exemptions/protections and also advise you on the correct bankruptcy chapter to file to protect your home and assets from creditors.
Hope this helped!See question
If I co-sign on a car loan for my daughter and find that I need to file for bankruptcy, what will happen to my daughters credit? Will she lose her car?
Your daughter will not be affected and should still remain current with payments. If she does not they can repossess the car and go after her for a deficiency balance even if you filed bankruptcy. Also note that the creditor may send you a reaffirmation agreement. There is no need for you to reaffirm the debt, so make sure not to so you don't re-obligate yourself on the debt!See question
The property is zoned for multi-family and it's on one lot. I live in the apartment unit in back, and collect rent from tenants living in the house in front.
I agree with the attorneys above, however I think the bigger determination in what chapter you decide to file should be based on your intention.... if your intention is to simply postpone the sales date and get rid of any obligation you will have on the house due to the upcoming sale, then Chapter 7 would be fore you potentially. If your intention is to save the property and catch up on the arrearages, then Chapter 13 would be best for you. Keep in mind, however, that doing a chapter 13 bankruptcy will save the property from foreclosure but that you will need to start making your regular mortgage payments plus extra to catch you up on what you are behind. If you do not think your tenants will be steady/reliable and the house is not a great investment value for you, then you may need to reconsider filing the chapter 13....
I would definitely recommend reviewing your finances with a bankruptcy attorney first to determine what would be the best for your situation.See question
I filed Ch.7 in Los Angeles 3 months ago. Today, i received a notice that the lender filed motion to lift automatic stay. A broker told me I can transfer title after discharge or short sale than foreclose. I am confuse. I thought once I receiv...
As Jonathan Leventhal said, the real estate agent is simply trying to make commission by trying to get you to do a shortsale. At this point that you filed bankruptcy if you do nothing at all and the house falls into foreclosure, you are still protected by your bankruptcy discharge. By doing a shortsale, you are not helping (or really hurting) your credit. A deed in lieu of foreclosure is possible and speeds up the process of turning your home over to the bank... if for some reason you are in a hurry to leave your home.
While you are in bankruptcy there is something called an "autostay protection" which tells creditors they are not allowed to take any collection attempts against you or your properties while in bankruptcy. Some creditors file a Motion for Relief from this Autostay in order to speed up foreclosure or any other action that was pending. Once filed, it is heard in 30 days and then the Judge will grant it (if it is not reasonably opposed) and then the creditor can move forward.
If you have any further questions, please do not hesitate to ask.See question
I owe more than $46,000 to the irs and i can no longer afford the payments I make to them
There are a set of criteria that needs to be met in order for a particular tax to be discharged in bankruptcy, such as whether three years have passed since the tax became due? have two years passed since you filed them? Have 240 days passed since they have been assessed? These, especially the last question, is not a simple yes or no question. This requires an experienced bankruptcy attorney to review your tax transcripts to see if there have been any assessments, whether the assessments have been tolled at all for any given time, and what other issues your particular taxes are facing. The difference between 'winging' this and going to an experienced bankruptcy attorney could be as simple as filing too early and not being able to discharge your tax debt.See question
I faxed them a copy of the filing today right after the case was filed. My payday is tomorrow. I told them they are not allowed to take any more $ but they said its too late probably and that the payroll company is already closed. I faxed to the p...
Based on my experience, you need to file the bankruptcy and get the bankruptcy information to your human resources/payroll department PRIOR to when they process the next payroll. So typically giving them the BK information the day before is too late. Payroll typically processes the payroll a week before the paychecks are sent out. Every company is different, as some process it a few days before. Nonetheless, you need to catch them prior to when it is processed.
In this case, I would suggest having your attorney follow up with the Sheriff's department about getting this latest garnishment back. Although it is too late to stop the garnishment from hitting the paycheck, it's not too late to get it from the Sheriff.
I highly advise speaking to an attorney if you do not have one, to make sure that the necessary steps are taken to deal with this matter. Note that if they have a right to garnish, they most likely have an abstract of judgment filed, meaning that if you have a home they have a lien on that home and you'll need to file a Motion to Avoid Judicial Lien to remove that.
Good luck!!See question
I work on commission and I am not doing well financially. It is possible to get the payment plan adjusted two consecutive years? If this can not happen, I can not afford the payments and will stop making mortgage and bankruptcy payments. How lo...
Agreeing with all the answers above I would also add that yes you can modify your plan once again, however, keep in mind that you are responsible to pay back all mortgage arrearages, secured debts (i.e. for cars), tax debt, etc... that was supposed to be paid back in the plan. The only part that is somewhat negotiable at this point is to decrease how much you are paying to unsecured creditors. So if at this point you are paying back 0% to unsecured creditors, then there may not be any other possibility for you to modify the plan payment to lower how much total you're paying back. One other option I can think of is for you to modify your plan and propose to pay the court a few months at a lower amount (for example $150?) and then the ensuing months you'd pay back more than your current plan payment to make up for the months you paid only $150.
This would be a good tactic (if the Trustee and the Court agree) to allow you time to catch up. This is only something I would recommend if you're temporarily having a hard time and know that in a few months you'll be back on your feet and catch up. Otherwise, this may lead you to fall further behind and then you won't be able to catch up.
If you already have a bankruptcy attorney I would suggest reviewing your numbers/plan with them now so you can plan ahead.See question