Malcolm Wallace Ruthven's Answers

Does a discharge in Chapter 7 mean that all my debt is wiped out, even a UCC-1 that I was not aware of?

There are two issues here regarding that debt for which a UCC-1 was supposedly filed. One issue is whether a lien that was created on your property by the UCC-1 filing would be eliminated by your Chapter 7. The answer is no it would not. The personal liability for the underlying debt was eliminated (assuming either that the creditor was listed in your filing or that no assets were distributed to creditors) but the lien against your property would remain in place. A second issue is whether the...

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What should i expect to spend to do a ch. 7 bankruptcy , attorney fees, i already know about court costs?

I don't know any bankruptcy attorney who gives fee estimates before consulting with you about your situation. From the facts you gave, I can't tell (nor would I expect to) whether you should be in a Chapter 7 or 13 bankruptcy or if there would be issues around your real estate. My advice is to get free consultations with bankruptcy attorneys until you "connect" with one who you feel is right for you, and then see that the fees would be.

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After filing Chapter 7 bankruptcy I will file tax returns and any refund I get will go to people I owe can my lawyer keep refund

Lots of good answers to your question, so I'll make mine brief. (1) Don't pay back anyone before you file bankruptcy because the bankruptcy trustee could sue those people to get the money back to give to your creditors, (2) whether the trustee could take your tax refund depends on your exemptions and that's too big a subject to cover here, and (3) you need to consult with a qualified bankruptcy attorney in your area before you make serious mistakes.

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Should my spouse, or us both file for bankruptcy?

You didn't say whether both of you are signed onto your debts. If so, I don't see a good reason to not file jointly. I recommend that you consult with a qualified bankruptcy attorney in your area ASAP.

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Chapter 13 and the Relief from Automatic Stay

The main reasons would be if, as the Chapter 13 case progressed, you didn't keep up with the current mortgage payments. If you don't already know it, a 13 is complex to both prepare and file and also to keep up with in the process. I strongly recommend that you consult with a qualified bankruptcy attorney in your area.

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Re file chapter 13 or debt consolidation?

I'm not sure what you mean by debt consolidation. Beware of companies that take monthly payments from you with the promise that they will negotiate a settlement with your creditors when you've accumulated enough money in their plan. Most of them are scams that give you very little benefit for all the money you give them. If you're considering bankruptcy in any form, consult with a qualified bankruptcy attorney in your area to examine your financial situation.

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Can you cancel a chapter 7 bankrupcy? Also, if your house is going to auctioned by the bank is it necessary to list it as asset?

You have no absolute eight to cancel/dismiss a Chapter 7 bankruptcy. Once the trustee finds assets, you've jumped into the deep end of the pool and you'd better know how to swim. And yes, if you still own the house it needs to be listed as an asset. About your lawsuit against someone else, your claim against that person is a present asset of yours and needed to be listed in your bankruptcy. The trustee could take over the lawsuit, or keep your bankruptcy case open to see if ithe lawsuit brings...

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For california bankruptcy attorneys

In California, all community property is available to pay creditors of either spouse. Therefore, if all of that $50,000 is community property then it's all available to pay your creditors in your Chapter 7 bankruptcy except for the amount that can be exempted. If you were able to apply the full $23,000 (approximately) wildcard exemption to that bank account, then $27,000 would go to your creditors. In a Chapter 13 bankruptcy, you would need to pay your creditors monthly over a period of 3 to 5...

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Chapter 13 and Relief from Automatic Stay

There could easily be enough value in the underwater home to pay the first mortgage holder a substantial amount from a foreclosure sale,

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Mounting debt and behind a rock

There are a lot of moving parts in your situation. In general, if you have to quit your job to take care of your special-needs daughter, that shouldn't be a problem (as it might me if you quit for no good reason). Also, the Means Test is far too complex to trust some online version of it. I strongly recommend that you consult with a qualified bankruptcy attorney in your area to explore your whole situation in regard to bankruptcy. It's best to do that sooner rather than later.

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