A. Spencer Bergstedt's Answers

Is debt workout in bankruptcy the same thing as going to see a debt counselor?

You can file a Chapter 13 plan which is essentially a debt workout plan, which generally allows you to repay all or a portion of the debts you have over a period of 3 to 5 years. There are numerous advantages to this as you eliminate interest on most debts owed, avoid being sued, avoid taxation issues, and may even have some of the debt discharged. A credit counselor may simply help you to pay one consolidated payment per month and then they pay your creditors. A debt reduction credit...

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Bankruptcy and Domestic Partnership

While the Federal Government only recognizes different-sex couples currently for bankruptcy filings, things are changing at the Federal level as it relates to same-sex couples in marriages and/or registered domestic partnerships. One example is that the IRS now allows (if not requires) registered domestic partners and same-sex married couples to file joint tax returns. Within the realm of bankruptcy, if you register as domestic partners before you file your bankruptcy, the US Trustee may...

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Filed chapter 13 bankruptcy prior to foreclosure sale date - action was ignored.

Did you list the foreclosure trustee's address in your Bankruptcy Schedules? If not, then you'll need to amend your schedules to add their address. In the meantime, make sure that you mail and fax them a copy of your Notice of Filing to ensure that they know about the bankruptcy. Just because you filed in time does not mean that they got notice - unless you listed them in your schedules. If they proceed, once they got notice, and without leave of the court to do so (in the form of an...

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Can the trustee of a living will legally refuse to show it to family members? We only have her word about this & says no will.

Even with a Trust - there may be assets that are not part of the Trust that would be subject to probate. While a Trust is generally a private document, the fact that she is unwilling to share its contents is troubling. In my practice, when I prepare a trust I also prepare what is called a pour over will, to cover any assets not transferred to the trust. You don't mention if your son is a minor, or if you were receiving child support, but that may also provide an additional claim against...

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What action can I take if my domestic partner lost their job and can make the mortgage payments

You don't say whether or not you are registered domestic partners or how you own title to the property. Both of those questions will need to be addressed in determining what courses of action you could take. You should consult with a real estate attorney in your area - and one who is familiar with domestic partnership law as well.

I have lost my job and am in a chapter 13,and missed 3 monthly payments. what's next?

Depending on some other information specific to your case, you might want to either seek a moratorium of payments until you get a new job or you may want to convert to a Chapter 7. You should discuss the particulars of your case with an attorney if you don't already have one as bankruptcy is a technical practice area. If you do nothing, eventually your Chapter 13 case will be dismissed and you may be prevented from filing another Chapter 13 or 7 for some period of time thereafter. PLEASE...

I own a home with my borfriend but my home is not on the mortgage. What are my rights?

Really - you should meet with an attorney to discuss this situation. Things are often not as simple as you might think. Bring in copies of your deed and the mortgage paperwork for the attorney to review. Whose name is on the mortgage is typically less important that (a) who is on title (b) how title is held (c) who has contributed to the initial downpayment, mortgage payments, insurance, taxes, improvements, etc. and (d) how much each person has contributed.

My brother died recently leaving no will. He lived in Washington state with my parents.

The laws of intestate succession found at RCW 11.04.015(2)(b) indicate that the parents would take 100% of the estate. Whether or not the estate would need to be probated or would qualify for a small estate under RCW 11.62 et seq and whether or not notice to creditors should be given are some considerations that should be discussed with a probate attorney. PLEASE BE ADVISED: This answer and any information contained herein is not intended to be treated, and should not be construed, as...

In the state of washington do I have to have my divorce papers notorized and does the other spouse have to sign in order to file

In terms of filing the matter, you don't need to have your paperwork notarized. After your case is filed, you have to wait 90 days from the date that the other party is served - or the papers are filed in the case of you filing a joint petition or one where your spouse files a joinder. I think what you may be asking is about finalizing the dissolution after you've filed and whether or not your spouse needs to sign those papers. You have to wait at least 90 days from the date of filing/...

Does my Husband have to go back to were he was born just because he came here illegaly n im trying to fix his paper?

It's impossible to answer your question without more information. Immigration matters are often complex and require special knowledge to navigate the system. I strongly encourage you to consult with, and hire, an immigration attorney to assist you with this very important matter.