Technically, a lawyer who does not collect fees upfront before a case is filed loses his ability to collect unpaid fees.
Filing of the bankruptcy petition creates an automatic stay which precludes any pre-petition creditors from pursuing collection activities on debts owed (including one's own bankruptcy attorney).
A bankruptcy lawyer that requires fees paid in-full before filing is simply protecting himself and following the law.
In my office, we set up payment plans and...
The answers above are more-or-less correct, depending on various other factors. Notice in a no-asset bankruptcy has been found inconsequential if a no asset case and if the debt would have been characterized as dischargeable if it had been listed in the case. See In re Beezly.
You may also wish to review 11 USC 523... 11 USC 727 regarding dischargeable debt.
If you are able to prove that your debt would have been non-dischargeable, and/or if you have any other information leading...
FYI... By law, We The People cannot give you legal advice, it cannot represent you at your 341a hearing ( or in bankruptcy court, if necessary), and cannot talk to your creditors for you.
Along with amending your bankruptcy petition and schedules to include the information from the lawsuit, you should also complete the court form for Notice of Pending Proceeding (CM-180) and file in the court where the lawsuit is pending, and also send this to the opposing parties.
Sometime there is...
Here is what you must do (no need to file another bankruptcy case ):
Motion to reopen + order on motion to reopen + Form B23 + your Certificate of Completion Financial Management Course +++ $260 fee to reopen (yeah. I know.)
But, better to go this route than do it all over again and the additional expenses and time.
Hope that helps
11 USC 522(f) can be used to strip Judgment Liens in a Chapter 7 case, depending on various factors and depending on whether you have exemptions available to protect assets and/or whether there is equity in a home that you own and whether the judgment creditor is secured by the equity in your home.
Currently, a 2nd mortgage cannot be avoided/stripped in a Chapter 7 case, no....matter...what.
For more information visit: www.salanicklaw.com
Generally speaking "no" - you cannot contract out of your ability to file bankruptcy (debtor). There are policy reasons that support this rationale and further described in the bankruptcy code regarding "ipso facto" clauses as unenforceable. See 11 USC section 101 et seq. and search " ipso facto clause" for more information and as a self-help tool until you decide whether you need to seek legal representation.
Best of luck!
Quite possible that it "makes all the difference in the world".
California is a community property state ...if filing bankruptcy after marriage, all of her spouse's income and his assets (which will be presumed community assets once married ) will need to be listed / included in her bankruptcy.
BOTTOM LINE: Seek legal help now, before any errors in filing are made.
Best of luck!
Michael Salanick, Esq.
You are being advised to hire a bankruptcy lawyer for one very important reason: this type of legal work is complicated and requires multiple hours of work, start to finish.
Advising you how to do avoid a judicial lien and recover funds garnished pre-petition is not proper for this forum. Even a lawyer who attempts this type of action will need to be familiar with the local bankruptcy rules, and not merely the federal rules of bankruptcy procedure.
Depending in how much money you seek...
This may be possible, however there could be multiple pitfalls that arise in a future chapter 7 case that you should be aware of if doing so.
Budget, feasibility, monthly cost of new vehicle, equity/exemption planning l, number of vehicles in household, number of members of household and means test considerations are a few of these points to consider regarding the purchase of a new vehicle on the eve of filing bankruptcy. Also note, it is improper for us to encourage you to take on new...
You could use the wildcard exemption to protect your two (2) firearms.... or any items of property including equity in real estate or investment property, vehicles, cash, accounts, stocks, bonds, tax refunds, etc. up to the wildcard amount.
The wildcard exemption allows you to protect any items up to $1,175. This amount is combined with any unused amount from the homestead exemption ($22,750) as a wildcard protection. This means that if you did not use any portion of the homestead exemption...