Richard John Wotipka's Answers

I have a question about a statue of limitations waiver,

This question was posted under my field which is consumer bankruptcy. Support oblkigations are "super" debts that are not dischargable in bankruptcy and not subject to statute of limitations defenses. So spending time wondering why this suppot enforcement worker asked you to sign a statute of limitations waiver is not productive; get this worker to help you with the task at hand ("trying to work out a payment you can afford..").

Will Kaiser Insurance drop you if you discharge your debt to them through bankruptcy?

FIrst, if you are in the middle of your Chapter 13 plan, and your child's hospital treatment was just last week, the hospital bill is a post petition debt that is not subject to your chapter 13 discharge. So if your lawyer meant that the debt could be discharged without payment by modifying your Chapter 13 plan, that is not correct. If your lawyer meant that you could try to modify the Chapter 13 plan to lower the plan payment to free up money to pay the hospital bill, that is somthing the...

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Debt collector not willing to send debt validation letter?

Do you dispute the underlying debt?. If you dispute the principle debt send the creditor a letter explaining, with as much factual specificity as possible, why you dispute the underlying debt. Attach any supporting documents and/or witness statements. If you do not dispute the underlying debt, pay it, and narrow the dispute to the charges. Interest charges are governed by the underlying contract, or in the absence of a contract, state or federal statue. Collection must be authorized by...

Not able to keep up with Pay Day Loan payments

The voluntary wage assignment is just that, i.e., a "voluntary" assigment of your wages. Sice it is voluntary, you have the right to revoke it. Revoking it does not solve the problem of re-paying the debts. I assume you are concerned with the voluntary assigment because it assigns more of your paycheck than you can afford. A soution would be to do a revised wage assignment that assigns an amount you can afford. If you can't afford to pay an amount that is sufficient to cover the typically...

If I file for Chapter 13, will I be able to get a Land Contract instead of just renting?

First off, there is no earnigs limit to Chapter 7. You are refering to the "means test," which is a two part test. The first part measures gross income for the last 6 months and if you are over the state median income for your family size, you flunk the first part of the test and go to the second part, which plugs in certain expenses. Many people flunk the first part of the test but pass the second part. Even if you flunk both parts of the means test, this simply creates a presumption that...

When do you stop paying your mortgage and credit card bills if you are going to file bankruptcy?

Stop paying on any debts that you are looking to discharge in the Chapter 7 as soon as you have made the decision to file the Chapter 7. For debts that you want to keep and not discharge, typically a home mortgage loan or a car loan, you should continue making your monthly payments.

Chapter 7 Personal Bankruptcy Means Test for Income

The income used for the emeans test is from the 6 months preceding filing. It takes the entire gross income over the 6 months prior to filing, averages it, and converts it into an "annual" income figure. IF it exceeds the state median annual gross amount for the same size household, then you have do complete part two of the means test, which involves plugging in expenses. Some people who fulnk part 1 of the test will pass part two. And remember, the means test only creates a presumption of...