One thing I would add to the answers already provided is that the attorney fee for a chapter 13 (you mention $3-4k) is often the same as or not much more than a chapter 7 up front, with the bulk of the fee being paid monthly in the plan (along with the trustee's fee and payments to creditors). The real issues are what is possible with each chapter, and given that, then what is best for your situation.
Hello there. Even though it's at a lower salary, I am happy you have found work! You've given us some important facts of your situation, but we'll need quite a few more details to assess your situation properly in order to give sound advice.
Bankruptcy may or may not be necessary for you, but I cannot say until after a consultation. Call me tomorrow if you'd like to discuss this further....no charge. (760) 444-3220.
I'm not sure what you mean by "the bank" selling your house back "to them". Also, why are you now worried about it 5 months later?
If you've filed one case which was dismissed within a year, then the automatic stay would have been in effect for at least 30 days after the second filing (there are other finer points I'm not mentioning here). If that's the case, then the bank violated the stay, and the sale is void.
However, if you've had 2 or more cases dismissed within the previous year,...
1) See CA FTB Pub. 1038 for dissolving your corp. You need to do that soon, lest you be liable for the minimum tax for 2011 (assuming you haven't conducted any business since 2010). All liabilities will need to be paid out of any remaining assets.
2) The shipping-charge validity depends on the contract you signed with that company, whether or not the receiver "promised" to pay (assuming the contract doesn't explicitly state that receiver is solely liable for the shipping charges). If...
Please read my answer to a similar question asked within the last hour:
But child support is NOT discharged in bankruptcy, so it would actually be a good thing if he and/or his wife paid the child support via a chapter 13 plan, no?
You did a "retain and pay" on those vehicles. But the lien on the vehicles is still there, so you can (1) keep paying and keep driving it (2) stop paying and let the lender have the vehicle back. Even though your personal liability for that auto loan has been discharged, the loan has not been "crammed down", so you can't simply trade the car in at fmv. You might be able to negotiate with that particular lender for something between fmv and full loan principle, allowing a win-win (because if...
As Mr. Fink stated, that setup seems to be an end run-around. However, California usury laws are quite complex, so more information is needed, such as (1) the purpose of the loan, (2) what your acquaintance does for a living (is s/he a pawn broker, personal property broker, real estate broker, finance company), (3) the term of the loan, and several other issues.
I'm guessing you haven't signed that agreement yet. Have you voiced your concerns to your acquaintance/lender? Perhaps you could...
Adding to what has already been stated, if your debt is a student loan, removing the default status is a very big deal, as it would once again give you an array of payments options as well as cease collection activity.
You are correct, of course. And if that company has a presence in the U.S. (it seems likely based on your updated info), then it should be possible to hold them liable for violations of the bankruptcy discharge, the federal FDCPA, and the state Rosenthal Act. Assuming you and Attorney Marczeski have connected, you're in good hands, as Steve is a great attorney.