Personal injury settlements may be exempt assets DEPENDING on a variety of factors related to your actual, specific scenario.
Please Note: bankruptcy cases requiring any degree of exemption planning, however, are not the DIY (do it yourself) variety. Seek experienced bankruptcy counsel to represent you throughout the duration of your case, including the critical planning phase involved in completing your bankruptcy petition and schedules.
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
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...
Yes you would include the debt owed to current or former lawyers and law firms. However, the bankruptcy lawyer is not filing bankruptcy against another lawyer - bankruptcy law is based on the premise that you have fallen on hard times (honest yet unfortunate debtor) and you require protection and relief from your creditors and any collection activities against you.
Be sure to work with an experienced lawyer, one who understands the interplay between divorce, community property law, and the...
No. In the Central District of California, fee waivers require that you apply in person at the filing window and await determination on the same day, which will be evaluated based on information included in your application and bankruptcy petition. The court consistently has disallowed fee waivers where a person has paid an attorney for legal services ( and also where assets exist that may be liquidated to pay the $306 filing fee, whether or not the assets are otherwise exempt in one's...
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
No. Not possible to be eligible to file prior to 8 years from filing date from first case. If your husband files alone now, depending on the nature of your debts and case preparation, you may be "protected" by his filing (even if you don't file a joint petition), so long as you remain married and as long as he survives you.
90 days pre-petition from date of turnover of funds. Filing bankruptcy alone will not unwind this. Requires extra legal work during a bankruptcy case for recovery of pre-petition levied or garnished wages; must also be sure to claim amounts and protect with exemptions. Further, EDD may also assert rights to its possession of funds so be prepared for possibility of contested matter.
Much of what happens will depend on what you choose to do next, the reason for filing C13 v C7, what alt options you may have for funding your case, any new income and your employment prospects, and more.
If you're not working with a lawyer, and if you plan to try to stay in your Chapter 13, then you need to consult with a lawyer (and possibly finance the legal fees thru your chapter 13 plan).