Kelly Hope Zinser's Answers

Uninsured and hospitalized, qualify for "discount" but not State or Federal Aid, neither Medicare or Federal Poverty Level.

I am sorry to hear that the hospital is not working with you. I agree with the previous posters that you should be elgible to file for a Chapter 7 bankruptcy since the waiting period for another Chapter 7 is eight years after your discharge. I am not sure if you have health insurance right now. I usually recommend that you have health insurance before filing for bankruptcy in case you end up in another situation with outrageous medical bills. So, be careful, do not rush into a bankruptcy...

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Bankruptcy vs. Foreclosure+Debt Settlement

Believe it or not, your situation is fairly normal. A lot of my advice depends on whether you have any liability for deficiencies on your Texas rental properties. I do not know Texas law but I think a deficiency is a good possiblity. If you do, bankruptcy may be your best option to get rid of the Texas rental property debt and your credit card debt. Also, as long as you own your home, you are much more likely to qualify for a Chapter 7 bankruptcy. You should meet with a good bankruptcy...

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Can a husband hire attorney to represent his wife in bankruptcy case if he has a general power of attorney but doesn't mention

Whether or not the power of attorney is sufficient will depend on the judge assigned to the case. Some judges require that the power of attorney specify bankruptcy, but many will view the authorization to litigate as sufficient. This is really a question of local practice and you should consult with a local attorney to find out what the judges in your area will require. Another factor the judge will consider is the reason that the power of attorney is being used. If the wife is...

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Mom gave me a credit card from her account with my name on it. Am I responsible for the debt?

First of all, I am sorry to hear of your mom's condition. If you are only an authorized user, then you will not be liable for the credit card debt. In this situation, why not be safe and have your mom remove you as an authorized user? That is a cheap and easy solution for you. That way the creditor, or worse a collection agency, cannot harass you for payment. If your mom has any assets of value, then you would have to pay the credit card company out of the estate. It sounds like your mom...

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I have a default judgment against me from Citibank filed in 2008. What are my options now?

Often creditors will settle for 25 to 50 cents on the dollar, even with a default judgment. Another option is to declare bankruptcy (you would need to speak with a bankruptcy attorney to see if that is a good option for you). Also, a bankruptcy attorney needs to look at the judgment to make sure it is dischargeable in a bankruptcy. And if you wait until the lender garnishes your paycheck, then it gets to be even more difficult to file for bankruptcy because the lender can take 25% of your...

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Is it good to use online service for bankruptcy filing in CA?

Be careful with an online service. If you cannot afford an attorney, call the Public Law Center (see the link below). The PLC works with the Orange County Bar Association and has a lot of options for debtors without counsel. Also, the PLC really does a great job with bankruptcy cases. If you earn too much to get help from PLC, you should then contact an attorney. Most bankruptcy attorneys have a sliding scale for fees. If you have a simple case, the attorney's fees may be comparable to...

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What is a means test?

The answers above explain the means test but I will add my two cents when it comes to Orange County, CA. The means test is tricky down here because the cost of living is so high but we have to work with the median household income of the State of California. For example, the median income for a family of four is $79,194 (as of March 15, 2010). This is a very low threshold as many families struggle in Southern California who earn significantly more than that. Finally, even if you are above...

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Bankruptcy and saving grandmothers home.

You sound like you need to talk to a bankruptcy lawyer soon. If there is little value in the mobile home it may be an exempt asset or less legal terms - it may be safe from the bankruptcy court. Also, I am concerned about the timing of filing for bankruptcy. Usually you want to file when things start looking up. In other words, with no jobs or income you will end up in the same situation as you are now. When you apply for jobs and if they check your credit be truthful and explain that your...

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About bankruptcy

I agree that it is a bit too early to be considering bankruptcy since you don’t know yet if you are at fault or what, if anything, you may owe. You also asked whether the bankruptcy would affect you. A bankruptcy will remain on your credit reports for 10 years. It will reduce your ability to obtain credit at favorable rates during that time, although the degree of impact lessens as time passes. Once a debt is discharged you do not need to make payments on it and your wages cannot be garnished...

Brother declared BK7, wrote off my $50K loan I had given him to buy property. Can I cloud title?

I would highly recommend that you speak to a bankruptcy attorney. It sounds like your $50,000 loan to your brother is not secured by a deed of trust on his property. So, you will have to file an adversary action to determine whether or not this debt can be discharged in the bankruptcy. Adversary actions can be expensive and it is unclear whether you would win in an adversary action. I wonder if there is a way to work this out with your brother in a more cost effective manner. I think...