trial with Cach
Yes, you can file bankruptcy after a lawsuit has completed and judgment for plaintiff entered. Of course, "can I declare bankruptcy" assumes you would satisfy all conditions for filing bankruptcy and that you would be a good candidate otherwise.
Best to talk with a bankruptcy lawyer now before a judgment is entered against you.See question
avoiding a judgment lien
You are best advised to find legal representation to first analyze the facts to be certain a 11 USC 522(f) motion will be proper under the specific conditions present in your case. Next, an bankruptcy lawyer will be able to prepare the motion along with all required supporting documentation and legal arguments for the best chance at succeeding on the motion to avoid. This also includes serving on the correct parties and stating in compliance with the local rules and conventions of the particular bankruptcy court district and division (and judge & trustee). A bankruptcy lawyer will also appear at any heating on the motion to represent argue the position set forth in your motion and underlying /supporting documents.
Attempting to navigate this legal work alone without professional assistance is possible in theory, yet risky when considering the pitfalls for doing it incorrectly. If the lien is of any significant value, the cost of legal representation will be well worth the services needed to avoid and eliminate the lien/future savings.See question
the judgment was for a vehicular accident i had in 2010, in California. however i live in Colorado now. i moved here almost a year ago. no one died and no alcohol or drugs were involved in the accident. i don't want to put any other major debts in...
Problem 1: all debts must be listed when filing bankruptcy - you cannot pick-and-choose among your creditors to include in your case.
Problem 2: if living (domicile/residence) in CO with all assets located in CO, then you must file your case in CO, not California. Using exemptions from CA may still be an option and/or required - you need a lawyer to analyze facts, etc.
Problem 3: if auto accident/judgment was rendered as a result of any alcohol or drug use then according to the Bankruptcy Code (11 USC 101 et seq.) this debt is not dischargeable in a chapter 7 bankruptcy.See question
I don't own a house but have 2 cars ( worth 3k per car ) about 25K in cash value life insurance , and about 8 k in the bank. I really don't have any other assets. I heard I can have up to 50k in cash and property. Can I loose all this ? Note I hav...
You'll need to review these details I'm more depth with a lawyer.
Generally speaking, you can maintain and protect up to a certain value in assets, depending on an asset's characteristics (auto, jewelry, tools of trade, real property, etc.), and also depending on the exemption scheme chosen. Far too many variables to offer a definitive answer without exploring further.
Exemption planning is a critical component of preparing bankruptcy petitions and schedules. To find a better idea of what all of this mean, you may want to review California's exemption 703 vs 704 exemption schemes. While not recommended as a DIY project, taking a look at what exemptions mean may begin to resolve some of your questions.See question
if so which chapter can do that?
Filing a bankruptcy case (any chapter) will immediately stop all collection efforts from continuing against you, including a civil lawsuit.
As for the particular chapter to file to accomplish this, the answer is not as simple and quite likely will require a consultation with an experienced bankruptxy lawyer for purposes of evaluating your entire circumstance.See question
I wondering, if a case is reopened due to an abstract of judgment on a home that needs to be "avoided", will the judge or trustee look at today's value or the value it had when I filed my petition 2 years ago? how can I be sure? If they look at th...
This is common element of bankruptcy law practice - use value at time if filing. These motions to reopen and motion to avoid lien are not the simple-variety, however, and they must be filed separately in the Central District CA Bankruptcy Court per local rules. You would be wise to hire an experienced bankruptcy lawyer to represent you and you will have the assurance of knowing the work is being completed properly. Be prepared to dig up evidence of home value at time of filing BK, evidence of all liens and amounts and more.
Best of luckSee question
I read that 90 days before filing a bankruptcy you can reclaim money taken from you. I had an EDD overpayment for $7000. I filed my 2014 taxes in February and I was told that EDD took my entire refund. Is the 90 day look back period calculated...
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.See question
I have tons of medical bills, student loans, and old credit card debt from when i was younger, I've tried making payments but I'm currently unemployed and on unemployment, which isn't enough to pay my regular bills plus old debt. Can i file chapte...
Yes you may file without your husband. Undocumented status shouldn't be fatal to your case, however disclosure regarding his status and any use of credit, fraud SSN, etc., still will be important to receive.
Look at Homestead exemption for your house if any equity.
You should consult a bankruptcy lawyer for representation to get this prepared correctly.See question
Can I pay somebody to look over my petition for me? I'm using ESR so I can go back make any corrections. I'm on schedule F. All my debt is unsecured. I've listed student loans and credit cards. I already know that student loans can't be discharged...
A bankruptcy lawyer would be able to review your petition and schedules with you for a flat rate or hourly rate, depending on what you negotiate together. Having a lawyer review your schedules does not involve the lawyer in your case beyond that review, however; you will be represented pro se filer and you will not have representation at the hearing/meeting of creditors or otherwise. Still, bringing in another set of eyes via bankruptcy lawyer review could make sense if you are looking to avoid any major pitfalls yet without full representation (aka, keeping costs low and possibility of success better than purely preparing alone/nolo/etc).See question
1st mortgage lender filed an NOD; this process halted when the court put an automatic stay on the property due to the bankruptcy of the 2nd mortgage lender. The note on the 2nd was sold at auction and buyer received assignment of the deed of trust...
The automatic stay is in place and exists with respect to all creditors of the bankruptcy estate, whether listed or unlisted. Be very careful about any attempt to pursue an entity involved in a currently pending bankruptcy case - violations of the automatic stay come at a hefty cost. Seek legal counsel if you are unsure about how to proceed.
Also, if you are a corporate entity, you must be represebted by legal counsel for any matter taking place before the bankruotcy court.See question