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Myron Wayne Tucker's Answers
Contributor Level 8
- 30 Legal Answers
- 0 Legal Guides
4
Attorney answers:
Surrendering car in chapter 7 after initially intending to keep
It is not too late to surrender. However, you are obligated under the bankruptcy code to make a good faith effort to transfer the car. That means you need to contact the lender and tell it you are surrendering and then make arrangements.
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3
Attorney answers:
My previous business vendor and credit card companies are ready to garnish my wages
In California an employer is not allowed to terminate an employee because of a wage garnishment. However, to say it would not have at least a subliminal impact on employment would be naive. There are three ways to deal with the wage garnishment. 1. Do nothing and expect to have 25% of your take home pay deducted each payday. 2. File a financial statement and declaration with the court that ordered the wage garnishment and request the amount be reduced based on financial hardship. 3. File for...
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4
Attorney answers:
I am being sued on a SUV that I voluntarily had repoed. I am contemplating filing for bankruptcy. can I include the repo?
Separation, unstable income and too much debt create unbearable stress. What seems to be a never ending string of negative makes it hard to get back to "normal" life. Bankruptcy laws were designed to allow persons with unmanageable debt get relief so they can again become productive. You list all of your debts, all of your assets and your income and expenses in a bankruptcy. ALL of it is considered and you will be afforded relief for most consumer debt including the deficiency amount...
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3
Attorney answers:
Bankruptcy after sheriff levies account... only way to get money back by avoiding lien?
Sometimes all you need to do is ask. I have had clients with similar circumstances and we were able to get the Sheriff to release the money back to the client by simply explaining the situation and providing proof of the bankruptcy.
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4
Attorney answers:
How do you make sure that a personal injury claim against the debtor is not discharged in a chapter 7 bankruptcy?
File a motion for relief from the stay in the bankruptcy court. State in the motion that you are limiting your personal injury recovery to the limit of the insurance policy of the debtor. Your motion will be granted in most cases without opposition. Then proceed with your claim. If you are seeking damages beyond the insurance coverage, the advice above applies.
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4
Attorney answers:
I have a lump sum to pay-how can I neogiate my student loan down
Student loans lenders are like most lenders. They really don't want to re-negotiate the terms of the loan. But they also really want to be paid back. The answer to your question is to understand what the lender can do if you default and to know the limit of your ability to pay as promised. A lender will use whatever leverage is available to enforce the original terms of the loan. But if you demonstrate good faith and propose a realistic plan, you have a good chance of working something out....
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3
Attorney answers:
Recd a settlement (8mos ago). Wasn't huge. Terms were "Confidential". How can I disclose in chapter 7 while not breaching confid
You should have an attorney review the terms of the confidential agreement to determine exactly what is confidential. If your claim was filed as a lawsuit, the fact it was dimissed is part of the court record. The amount of the settlement is probably not disclosed in the court record. In your bankruptcy petition you may need to disclose the lawsuit and the status (dismissed) and you will disclose any settlement money that you still have as an asset. The disclosure of money in your possession is...
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2
Attorney answers:
How much does a Chapter 7 Bankruptcy cost in Southern California?
The cost can be reduced if you qualify for a waiver of the $299.00 filing fee.
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3
Attorney answers:
727(a)(4) - How to show a debtor acted "knowingly" and with "fraudulent intent"?
Proving fraud and intent is usually difficult in any legal setting. One of the most challenging things to prove is the dishonesty of a skilled liar. As mentioned, the totality of circumstances needs to be convincing even without any direct evidence that the omissions were intentional. Unless the debtor actually admits the omissions were intentional the challenge of proving it was more than a mistake could be difficult.
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3
Attorney answers:
Schedule 1 current income - form for ch 13 bankruptcy
A self employed debtor (even on the side) is required to provide income and expense disclosure related to the gross receipts and the expenses of the business. If there is inventory or accounts receivable that must be disclosed also. The practical effect of disclosing a zero or low profit/loss income source may be minimal but the effect of lack of full disclosure can result in dismissal of the bankruptcy.
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