Filemon Kevin Samson's Answers

I found out that an item is beng falsely reported on my credit report , how do I go about getting it removed.

Filing a Chapter 7 Bankruptcy generally eliminates the personal liability of a debtor for consumer debts, including automobile loans. Once the debt is discharged, the debtor may no longer be sued to recover the debt. The lender may still have a security interest in the property and take legal actions to recover the property. If your damages in the civil action resulted from the wrongfully fraudulent or deceptive acts of a creditor, then you should be able to recover from that particular...

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Filed bk chapter 7 today. wage garnishment hits tomorrow. my employer says too late b/c payroll co. prob took it already. Help!

Your employer is required to comply with Court Orders. Essentially, a wage garnishment is an Order instructing your employer to withhold a portion of your wages and deliver them to the enforcing government entity. In California, these Orders are generally enforced by the Sheriff of the County in which you reside or are employed. You may notify the enforcing agency (Sheriff), the creditor or creditor's collection agency, which will be listed on the enforcement order, as well as the payroll...

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After the Exemption

Discharge in Bankruptcy will eliminate the judgment debtor's liability for damages in the underlying civil claim and terminate wage garnishments in most situations. On what date did you file your bankruptcy?

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Will a chapter 7 bankruptcy stop a levy of assets?

Your personal liability for most loans incurred prior to filing will be discharged in a successful Chapter 7 Bankruptcy. There are a few exceptions (eg. student loans, loans procured through fraud) where your liability for the debt will not be discharged. Once discharged in bankruptcy, you will no longer be liable to repay the loan and enforcement or collection of the loan would be a violation of the Bankruptcy Code. The remainder of your question requires more information before an...

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Bankruptcy and Settlement cost

In California, probate attorneys fees are prescribed by the Probate Code. An attorney and client may agree to fees outside of those prescribed by the Code, but this should not be done to the detriment of the heirs of the estate. You should look into the rules governing attorneys fees in probate for the jurisdiction in which the probate is being held. It is not clear from the information provided how the probate of a deceased person's estate could lead to an heir's financial ruin. Nor is it...

Chapter 7 and Federal Tax Liens

Depending on the amount of consumer debt you have, and whether you have a second mortgage, you may be well served by filing a Chapter 13 Bankruptcy Petition. If your federal tax liability can not be discharged, then you may want to repay it in a Chapter 13 repayment plan. While debtors must usually repay some consumer debt in Chapter 13, the percentage paid to unsecured creditors can be a small fraction of the total debt. This depends on to amount and type of debt you have and your...

Separated husband wants to file BK on past maritable debts...I do not.

California is a Community Property state. Generally that means that all property obtained through the income or efforts of the parties during the marriage is considered community property. Property acquired before the marriage or after the dated of permanent separation, or by gift, bequest or inheritance are generally considered separate property. The details of how each item of your property is characterized is important in determining which items can be taken by the Bankruptcy Trustee as...

What is Federal Bankruptcy Exemption used to protect a 401(k) in chapter 7. Looks like I have to use the Fed system. lived OHIO

In what state do you reside or domiciled? Why do you believe Ohio is the correct jurisdiction to file your bankruptcy? On what do you base your determination of jurisdiction in Ohio? In California there is an exemption with no limit for Retirement income - Pension/Profit Sharing/Stock Bonuses - under California C.C.P. Section 703.140(b)(10)(E). Each state makes its own determination of exemption schedules available to debtors who file bankruptcy cases in that particular state. You...

Chapter 7 means test, how do I explain my rental income. There is a rental prop section & a secured debt section. I lose $200/mo

If you are over the median income for your geographic region then the presumption of abuse will arise, if you are attempting to file a Chapter 7 Bankrtupcy. The Median Income in the Los Angeles region may be higher than many other regions in the United States, which may benefit you for the purposes of qualifying. Since you state that you are over the median income, you should consult with an experienced Bankruptcy Attorney to determine whether you actually qualify for Chapter 7 Bankruptcy and...

How do you find an attorney who will help with a second mortgage collection in California- Pro Bono?

You should check with your local county bar association. The bar association may give you referrals to organizations that provide pro bono legal services. In preparation for meeting with the organization, I recommend you review your personal finances closely and be prepared to show that you are not able to afford an attorney. The organizations I've worked with all require the people they help to show great economic need for free legal assistance.