Typical insurance companies. They're friendly when your choosing policy and paying premiums. The second you need help, they shut down! You have the right to sue and/or make administrative complaints. The insurance company is required by law to disclose the information necessary for you to file an administrative complaint for an improper denial of compensation.
In your case, you should prepare a final "time-limit" demand (30 days should be good). Prepare a thorough letter with exhibits...
Section (h) of the 362 seems to be the code section which the creditor is relying. However, I believe if you have indicated on your "statement of intentions" to redeem or reaffirm (and have made a good faith effort) then the repossession was inappropriate.
This is a contested area in the code and it is relatively surprising that the creditor was this aggressive (considering the facts you have laid out in your question).
I suggest speaking with your attorney. If you do not have...
It depends: if the "funds" are from an agreement made prior to the filing, then the Trustee can attempt to claim them as assets of the estate. You will need to consult an attorney regarding the proper form of disclosure (i.e. schedule B v schedule I or others) and review the possibility of exemptions.
What type of funds are you referring to in your question?
If you are not represented by counsel, feel free to call and schedule a free consultation.
I agree with my fellow attorneys.
I recommend trying to gather documents and information from the "friends" before they feel you are adversarial.
Maybe they can send you an email correspondence with a time frame for making payments. This would not replace your contract, but it would certainly help you overcome any allegations of you being an "at risk investor".
You do have a quantum merit claim...this can literally turn on which Judge is assigned the case.
Sounds like you need to track down the witnesses yourself. Once your sued, you can subpoena the witnesses to testify at trial (or notice their deposition).
If its not looking good, you may want to consider bk.
That's a really tough question.
If they obtain a judgment against you while married, they may attach the judgment to community property. They cannot sue your wife (or wife to be) because she is not a guarantor. However, once a judgment is obtained, they can attempt to seize your property, even if it is a part of the community.
I would suggest taking care of the problem before getting married. Or get married and see a good lawyer about keeping separate property.
My firm is admitted...
the case against the "fellow students" is not so strong. A case against the school would be better if you could prove that those in charge knew about the conduct or participated. Of course, each case is different and I would speak with an attorney in person about the issue.
If you take a defamation approach, you will may have to answer questions about the rumor. There are qualified privileges related to truthful statement. This process can be uncomfortable and stressful.
At the very...
In bankruptcy, you do not get to select "which properties" to include or exclude. You must list all your assets, liabilities, income, expenses and any transfers.
I would suggest speaking to an attorney about your "end game" or goals to determine if bankruptcy is right for you.