Carlsbad Bankruptcy Attorney.
Your bankruptcy discharge will protect you from any potential tax liability if you decide to short sell it post discharge. The underlying debt has been discharged (assuming you did not reaffirm the mortgage) so there is no deficiency balance, tax liability or otherwise that kicks in. Short selling post BK is a good way to buy yourself additional time in the home without paying the mortgage but otherwise is not necessary. Mr. Larkin is a San Diego Bankruptcy Attorney and is licensed in...
Selected as best answer
I agree that you can file without your ex husband but I disagree with the post that indicates you must use his income on the means test. If you are separated or your divorce is final, you do not need to list his income, only the income he provides you (ie. alimiony/child support) Mr. Larkin is a San Diego Bankruptcy Attorney and is licensed in California. His response here does not constitute legal advice and does not create an attorney/ client relationship. The response is in the form of...
Selected as best answer
Yes, there is such thing as a chapter 20 as the other posts indicate but there is a good faith requirement to filing such a case which depends on your unique circumstances. Make sure you consult with a competent attorney before choosing this direction. Mr. Larkin is a San Diego Bankruptcy Attorney and is licensed in California. His response here does not constitute legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is...
Selected as best answer
If your case was a no asset case (meaning the trustee did not take any of your property to sell for creditors) then the fact that this creditor was not listed is not a problem. Simply send them a copy of your discharge via certified mail so you have proof they were served with notice of the bankruptcy. Mr. Larkin is a CA licensed bankruptcy attorney and is located in San Diego. His response here does not constitute legal advice and does not create an attorney/ client relationship. The...
Selected as best answer
You should file an answer to the complaint and assert the statute of limitations as an affirmative defense in your response. I would also argue that the clause indicating the statute of limitations is waived, is void because it is against public policy. LEGAL DISCLAIMER Mr. Larkin is licensed to practice law in CA and is located in San Diego. His response here does not constitute legal advice and does not create an attorney/ client relationship. The response is in the form of legal...
Selected as best answer
Your VA benefits are exempt from being taken from you in the bankruptcy. LEGAL DISCLAIMER Mr. Larkin is licensed to practice law in CA and is located in San Diego. His response here does not constitute legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Larkin...
4 people marked this answer as helpful
Statute of limitations for a payday loan is 4 years from the date of the last payment on the account. LEGAL DISCLAIMER Mr. Larkin is licensed to practice law in CA and is located in San Diego. His response here does not constitute legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the...
4 people marked this answer as helpful
Yes they will take whatever is in the account and apply it to the outstanding balance of the judgment. Each time they levy your account they will have to apply for another order from the court. Unlike wage garnishments where they get one order and garnish each paycheck, levy orders need to be renewed each and every time they attempt to levy. LEGAL DISCLAIMER Mr. Larkin is licensed to practice law in CA and is located in San Diego. His response here does not constitute legal advice and...
1 lawyer agreed with this answer
2 people marked this answer as helpful
I agree with the answers below but would add that a bankruptcy could help you stay in your home longer and may help buy you additional time to negotiate with your lender if you have a sale date approaching. Mr. Larkin is a San Diego Bankruptcy Attorney and is licensed in California. His response here does not constitute legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the...
1 lawyer agreed with this answer
1 person marked this answer as helpful
More information is needed to answer this question. If Toyota obtained relief from stay in the bankruptcy then they can legally repossess the vehicle if payments aren't being made. Also there is a certain amount of time by which an individual who files bankruptcy must perform their "statement of intention" with respect to secured property. If they fail to perform their "stated intent" (stated intent either to give the car back, or keep it and sign another promise to pay) within the specified...
1 lawyer agreed with this answer
1 person marked this answer as helpful
