MOm in a divorce and trying to stave off the threat of ex filing pre or post divorce. I want to file first and try to save the home but can I back out if there is just too much equity in the home to save from the trustee? I'll do anything to sav...
With property values going crazy here in Seattle, you have reason to be worried. While a simple chapter 7 is possible to do without an attorney, I think you are in a position where you need an attorney to frame your case and advise you regarding the risks. In the mean time, you might ask a realtor in your area to prepare a market analysis for you, so you have a reasonable idea of your equity position. You are under a lot of pressure with the ex, the kids, worrying about marital debt, and trying to keep the house. Take some time to find the right bankruptcy attorney and figure out your options.See question
If I withdraw all cash from checking account can that still be taken?
Since a chapter 13 from last year will not have resulted in a discharge (whether that case is open now or has been dismissed), there should not be any reason you cannot pursue a chapter 7 discharge, assuming you qualify in terms of income. Your employment status also does not determine whether you can file a bankruptcy, though your current and recent income does. Timing of your filing will depend on a lot of factors, and should be the subject of conversations with an experienced bankruptcy attorney.See question
Do we need to file anything through the courts or does the ch13 Trustee file for us? Our original attorney no longer exists and our files were given to another firm. We would like to know what the closing process is. Thank you.
There is a declaration you have to fill out regarding domestic support obligations, and you need to complete your Financial Education course, if you have not already done so. Look on the bankruptcy court's website, http://www.wawb.uscourts.gov/, for info on these two requirements. Then I'd recommend you give the trustee's office a call and try to speak with the case manager; explain how you have ended up pro se over the course of your bankruptcy. In my experience, the trustee's office wants to help debtors successfully conclude their cases after making their required Plan payments. Congratulations on completing your chapter 13.See question
Do I have any other options but to pay them? What can they do to me if I don't ? Already at my limit financially paying off Medical bills!
This debt may be past the statute of limitations and uncollectable. Don't make a payment until you are sure it is still your legal responsibility-- it sounds like you are already stretched too thin financially. I agree with my colleagues who advise that you might want to look at your debt situation as a whole, and consider the option of bankruptcy. Good luck to you.See question
A little background: I had a loan with Beneficial - it became Springleaf. I have gotten several payments behind, and at the moment cannot catch up. It was a joint loan with my (then) husband, but we are now divorced. Could they garnish wages of on...
In my experience, you are dealing with an aggressive creditor, so you should be proactive in deciding how to proceed. Assuming you do not cure the default, the creditor eventually will almost surely sue you and your ex. If you both took on the debt, it can be collected against either of you in your separate capacity (including through garnishment of your wages, etc), once the creditor gets a judgment against you. Depending on your overall debt situation, bankruptcy may be a good option to reset your financial life. Consult with an experienced attorney regarding your options.See question
They were sending the bills to the wrong address and I never knew about it until it was already sent to an attorney. I tried to set up payment arrangements and was laughed at. They said I have to pay it all upfront or will proceed with legal actio...
If you are not getting anywhere with negotiating a payment plan, you might have more luck if an attorney negotiates for you. As a general rule, you should take steps to respond to the suit to avoid a judgment being taken. Spending an hour talking to a lawyer about your specific situation would be a good way to understand which option would be best for you-- negotiate a payment plan, file for bankruptcy, or do nothing. Good luck to you.See question
I have no choice but to try to file a bankrupcy on my student loans.
You should research bankruptcy attorneys with experience in student loan discharge actions, then meet to discuss your specific situation to understand whether you have any chance of success going this route. Assuming a bankruptcy discharge is not viable (because this is a difficult case to make), there may be other options that would ease the burden of your loans, such income-driven payment plans or loan forgiveness programs. If you are in default, you should look into rehabilitation plans. I do lot of student loan work; please feel free to call me.See question
I filed a chapter 7 due to a divorce, unfortunately during the bankruptcy filing I occurred a non government school debt, which I didn't know about until now. (Trying to enroll) BACKGROUND: Filed December 12, 2012 and it was not discharged until M...
I agree with my colleagues. Don't feel too bad about missing this debt-- a student loan is presumed non-dischargeable in bankruptcy anyway, so the result would likely have been the same. Good luck to you.See question
A visitor had knocked on our door when we were away. As she turned to leave she was approached by a process server outside of our home and papers were thrown at her. The process server has sworn that substitute service was completed via my wife...
You need to move to set aside the default and resulting judgment. The applicable court rules are CR 55 and 60. The sooner you get this done, the better your chance is to prevail and get your day in court. In my experience, if it happened fewer than 30 days ago, you have a very good chance of having the default set aside. If it was more than a year ago, you have a slim chance. It would be helpful for you to have the assistance of an attorney, but you may be able to handle this yourself. Good luck to you.See question
They keep adding to my late HOA fees with lawyer fees and more late fees and they want me to pay an extra 800 a month or they will foreclose. I can not afford the extra amount. I was paying 250 but they wont accept that anymore. What can I do. ...
Filing bankruptcy will eliminate your personal obligation on the HOA dues (so you cannot be sued for that debt), but it sounds like the HOA has already filed a lien on your property, which will survive a simple chapter 7 bankruptcy. If you file a chapter 13, you will have time to pay the HOA debt over 3 to 5 years and prevent a foreclosure. However, you'll have to deal with the entire amount, even though it seems bloated with attorney fees and late fees. Good luck to you.See question