Without knowing all the other facts, I recommend that you go ahead and proceed with the repairs to your vehicle, even if it needs to be put on credit.
The Trustee in your case will normally make several inquiries of you, during the 341(a) Meeting of Creditors hearing. One of which will most likely be, "Have you used any credit cards within 90 days of filing BK and/or made any credit transfers?" You would answer "yes." The Trustee will then ask, "Has any one of those transactions exceeded $...
If she files BK in the state of CA after you are married, you will have to include your include your income as well (even though you yourself are not filing). You may also have to sign a waiver allowing your wife to use 703 exemptions.
Therefore, it's probably best that she file prior to you getting married. It makes it a lot simpler.
Best of luck!
You don't give too many facts in your question. What's the basis for the lawsuit? Are you currently an active duty service member? If so, you may be barred from pursuing a lawsuit against the Federal government.
Recommend you contact the local county bar association that you're in (whatever county Portland is). Ask for their Lawyer Referral Information Service (LRIS). Then you can look for attorneys that do Federal tort claims against the government. They should give you a free...
My colleague is correct! You list the tax refund in Schedule B and then you can exempt it on Schedule C, thus shielding it from the Trustee and from Creditors.
If you are using 703 exemptions, you can utilize the Wildcard exemption (up to $23,500) and protect your refund.
Best of luck to you!
You mother should be okay to file for a Chapter 7 Bankruptcy. However, she MUST list the new vehicle. She would indicate on the BK paperwork whether or not she wishes to keep the vehicle.
She has the right to either surrender the vehicle OR keep the vehicle and reaffirm the debt.
If she opted to keep the vehicle, the financing company would send her BK attorneys paperwork related to the reaffirmation of the debt. She would then fill this paperwork out and submit it back to the vehicle...
Recommend you contact the Contra Costa County Bar Association's Lawyer Referral Information Service at:(925) 825-5700.
Many of those attorneys can give you a free consultation with very low cost representation. Some may even take your case pro bono and request that your husband pay your attorney fees as per the Family Code.
Best of luck to you!
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is the law that controls here. It all depends on the child's jurisdiction, which from your facts appears like it is Oregon's. Therefore, Oregon is the appropriate forum.
Now, Oregon may not have jurisdction over you personally, i.e. have you ever been to Oregon, was child ever conceived in Oregon, etc.? Therefore, Oregon is asking for you to consent to jurisdcition there. You can do this if you wish. You don't have to....
Yes, you will need to file a new Request for Orders (RFO) to request child and spousal support based on the substantial change in circumstances, ie. your new income, which is $0.
You will have to file a new income and expense declaration showing your new income and some proof that you are now unemployed.
Best to consult with a local family law attorney.