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!
1) Yes, you can absolutely file for BK under your name only. However, you will have to decide what exemptions to use, if for example, you file a CH 7, e.g. 703 or 704 exemptions. If you use 703 exemptions, your wife must sign a waiver stating that if she ever files for BK in the future, she may NOT use 703 exemptions. Note: 703 exemptions allows you to exempt more private property from the Trustee and even has a wildcard exemption that includes $23,400 that you can randomly assign to your...
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...
Attorneys should do this. Due to the budget crunch, the courts have had to cut court reporters.
The purpose of having a court reporter present is to preserve the record, so that the losing side can appeal.
Typically, only credit unions act in this regard, but some banks have also been known to do this.
Highly recommend that you open up a new checking account at a different financial institution. Then move all your cash to this new account, including any direct deposits you may have. Keep the BofA account open; do not close it! Keep a small amount of cash in it, typically $100 or less. Do not give them any heads up that you are going to BK.
After you file your BK, you may still bank with...
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!