Hopefully you have a bankruptcy attorney to advise and help you with your case. To answer your question, as soon as your bankruptcy case is filed, a notice of stay of proceedings should be filed with the court. This is accomplished by filing California Judicial Counsel form CM - 180 and attaching a copy of your bankruptcy notice. In the interim you should appear at the readiness conference and ask for a short continuance because you are contemplating bankruptcy. If you do not appear a...
The last do it yourself bankruptcy filer I talked to got their Wells Fargo bank account froze and couldn't pay their rent or an attorney to help fix their case. Even with a simple case, there are many traps for the unwary. My advice is hire an attorney.
With respect to my out of state colleagues, I don't know what Massachusetts or other states do, but the California DMV will not reinstate a drivers license over unpaid fines unless the court specifically orders it. The California DMV will reinstate a license over an unpaid civil judgment where the debtor files bankruptcy however. Sometimes the court that issued the fine will allow the defendant to satisfy a monetary fine with community service.
Since there is no equity in your residence the judgment lien is unsecured. Yes the arrears on your mortgage would be paid first and only your disposable monthly income would pay the general unsecured debts. You should contact local counsel for assistance.
If you are currently in Chapter 13, why don't you ask the attorney who is already representing you? If you are not represented by counsel and are in Chapter 13, I would strongly recommend that you find an attorney to represent you.
There really isn't enough information to answer your question based on what you posted. Certain exemptions may be available to you under the bankruptcy code and state law that might allow you to file bankruptcy and retain ownership of your properties. The exemptions are specific as to dollar amount of equity that you can protect and depend on such factors as state residency, use of the property as your residence, age, marital status, income, and whether you are disabled. This is really a...
There once was a guy who bought a parachute at the swap meet; he just knew he could figure out the art of skydiving himself. He picked up some do it yourself guides and asked some intelligent sounding questions on a skydiving forum. What happened next wasn't pretty. I digress.
A debtor can volunteer to pay a discharged debt. However once discharged the debt can not legally be discharged. Even if the debtor volunteers to pay the discharged debt, it isn't binding , and any attempt to enforce the discharged violates the discharge order and is sanctionable.
If the house is community property it is at risk even if it is only in the non-filing spouse's name. I have often received calls from a do it yourself bankruptcy filer about to lose a house due to a bankruptcy trustee sale because they thought that if the asset wasn't in their name it wasn't at risk. The kind of question your asking requires additional fact finding to properly answer. Do yourself a favor and arrange an office consultation with an experienced bankruptcy attorney.