I agree that they can fix this technicality if you indeed owe the money. But it is also true that you don't want to be too helpful and supply them with information that could hurt you.
If the debt is high enough in total you may want to consider bankruptcy. Check out my website at www.farquharlaw.com to contact me if you want to discuss options. Or e-mail me at firstname.lastname@example.org.
I agree. It sounds like you can file a chapter 7 right away but contact an attorney to advise you on that. If you file a bankruptcy then you can begin to re-build your credit after it is over by getiing and using new credit cards and keeping the balances low and paying them on time each month.
I agree that any amounts owed for utilities and rent from before you filed will be discharged in your bankruptcy. Do check carefully to see if prop mgr. is asking for these amounts to be paid b/c you don't owe them.
If you get evicted this will be a basis for your defense. Check with a tenant attorney in advance to get advice on this.
When you get the written notice (probably a 3 day notice to pay rent or quit) then the amounts prop. mgr. is asking for should be detailed there. I would...
Be careful! There are stategies to get the money to her without violating the rules against recent payments to insiders. One strategy would be to wait to file the bankruptcy until a certain time period has elapsed.
The rules for transfers of money or payment of debts prior to bankruptcy are a bit complicated so it is best to contact a bankruptcy attorney to make sure you are doing the correct things and so you can discuss strategies wiith the attorney.
You are allowed to send money to...
My thought is to look out for the fraudulent transfer laws if there is any equity in the home. (If there is no equity then there is no problem). You quitclaimed your interest in the property to your husband in May 2010. If there was any equity in the property at that time, and you were insolvent at that time, then this transfer could be considered a fraudulent transfer.
If the transfer is considered fraudulent then the trustee would void the transfer and put your interest in the house...
$8,000 is possibly low for you to justify a filing of bankruptcy but that depends upon your income. If you can't pay this debt then you might want to file bankruptcy.
You could jump on board with his bankruptcy and you would then most likely get rid of that debt.
You do have to report your LLC as an asset in the case but if there are no assets owned by the LLC and it is just basically an empty shell then it would not be hard to exempt it.
You should meet with your husband's attorney...
I have not faced this question but I did a quick google search and the consensus out there among attorneys seems to be that this debt is a dischargeable debt in bankruptcy. It becomes a unsecured debt which a 7 will wipe it away if you are not currently receiving unemployment any longer.
If you are still receiving unemployment then the overpayment will be deducted from future payments by "recoupment" and apparently this can not be stopped by a bankruptcy.
I would read about this online...
I would call a bankruptcy attorney in San Diego right away so you can understand your options and protect your rights. There are alternatives to bankruptcy but it is best to file an answer to the lawsuit in a timely fashion if you are not going to file for bankruptcy. You do not want to this creditor to get a default judgment which is what will happen if you don't file an answer timely.
(619) 702-5015. email@example.com.
I agree that you should almost never reaffirm a mortgage in a bankruptcy. But it s also true that you are not liable for any deficiency balance on the mortage if you walk away (and if there is only one mortgage).
It is also true that you will pay close to same in rent if you do walk. I would check wih an attorney in your area on this. You can probably get a free consultation.
I agree that you can use your poet-petition earnings to pay for it. If you have cash or money in a bank account that was properly exempted then you could use that too to pay for the repair. So it depends what you are going to use to pay for the repair. If an outside party is paying then that is okay and if a non-filing spouse is using his/her separate property then that is also okay.
If you are not sure then you might want to get the advice of an attorney on this.