Mauricio Alberto Ramos's Answers

Will filling for chapter7 bankruptcy stop a creditor from garnishing your wages

Any "deficiency" (difference between what you owe and what the car is ultimately sold for) is discharged in a Chapter 7 and so the auto finance company will not garnish your wages because they won't have any legal recourse against you after the bankruptcy. Also, once you file for BK protection the "automatic stay" goes into effect and that prevents any creditor from continuing any collection action against you during the BK process unless the "lift" the automatic stay (such as when a home and...

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Do I get to keep my cars?

Unless you bring your accounts current it is a question of time before your vehicles get repossessed -regardless of whether your reaffirm or not simply because the lien on the vehicles are still in effect. If you bring your accounts current then there is a good likelihood that the auto finance companies will not repossess as long as they are getting their monies. A reaff, once signed, puts you back on the hook legally for that liability and so do not sign it unless you understand that if you...

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How do I collect an arbitration award from a corrupt attorney who claims that he might go bankrupt or leave the country?

Wow. It's a shame that attorneys like this are out there and give the profession the reputation it has. I'm sorry you've experience this. If he declares bankruptcy or leaves the country the short answer is no, you most likely will never collect from him because if he declares bk then his creditors in essence get put in an order by those that may have a secured debt or priority claim of some kind. Sounds like you have a binding fee arbitration right? As with any judgments or awards the...

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Is it possible to add a house as a surrender in a chapter 7 after the discharge and the case is closed?

Cases can be re-opened but it'll cost you another filing fee. I'm curious though why you feel there is a need to add the house? Was it not listed in the original petition? If not, that is somewhat problematic because you were suppose to list all your debts, assets, etc. Did you list it and specify in your Statement of Intent that you would keep it? If so, did you reaffirm? As long as you did not reaffirm then your legal, personal liability is Discharged along with the other debts. Does the home...

Sold my property assets 4 months back. can i file bankcruptcy chapter 7

Keep in mind that in a Chapter 7 there are (2) basic questions that need to be answered: 1) Do you qualify? (Based on income, you haven't filed in the past 8 years, etc.) and 2) Do you have any assets that are not protected? Here, I'm curious whether you currently have any other assets and as some of the other folks have suggested, more information, on the details of what happened 4 months ago. I've had clients, in relatively the same time frame, sell assets (i.e. car, homes, etc.) in attempts...

My sister is filing bankruptcy, and has been paying me back for money she borrowed. Can the courts take my money?

Yikes. Be careful. How much money has she repaid back to you over the past year? That will make a huge difference. You're right you did nothing wrong but unfortunately the BK Code has that rule about "insider payments" and so the belief there is that ALL creditors should be treated equally the same. My advice is to make sure she talks with her attorney about the specifics of her case and how it may impact you. She can always, once the debt is Discharged, pay you back voluntarily and so my main...

Bk

Third time's a charm. My apologies for the previous 2 posts that seemed to have been generated under my non-business profile. Have you calculated whether you qualify for a Chapter 7? Again, the property must be disclosed (which does not mean you need to give it up). Do your parents know you are considering Chapter 7? I only ask because if they are co-debtors on that property they will get Notice of the Bankruptcy and so you want to be prepared (or prepare them) for that situation.

My husband is filing personal bankruptcy. can the court / trustee check my bank acct?

Since we are in California we are a community property state and so do make sure your hubby discloses his property, your joint property and any separate property (i.e. personal accounts, vehicles, etc.) or else he may run into problems for not disclosing property correctly. In short, the answer is "yes" the Trustee has the right to request bank statements and when they do (it does vary by Trustee) it is because they simply want to verify the info (i.e. balance) disclosed on the Petition. Where...

Means test and Rollover IRA Withdrawal

I'm guessing this withdrawal was within the past 6 months and that it might impact whether you pass the means test? The means test is a financial "snapshot" of the past 6 months used in part to calculate your current monthly income and your annual income and so if it has been more than 6 months than definitely no need to worry. I would definitely disclose the IRA distribution in the Statement of Affairs but not the Means Test and YET be prepared for a Trustee (panel or United States Trustee) to...

Can My x wife wipe out a judgement from family court thru Bankruptcy and would this be considered fraud ?

Additionally, get a copy of your credit report ASAP and do make sure you close any accounts where you are both joint creditors in order to avoid any more debt. I've had this come up previously where a non-filing spouse, post-divorce, maxed out joint accounts and basically drove the innocent spouse into bankruptcy. If she is filing for bankruptcy (unless you are one of her creditors) it is highly unlikely that you personally can assert fraud in a bankruptcy proceeding for her using up credit...