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Erik Samson Bakke

Erik Bakke’s Answers

6 total

  • Are we eligible for bankruptcy if we have an 11k medical bill?

    We have a medical bill approximately around 11k and have no way to pay it do we qualify for any kind of bankruptcy like chapter 7 or 13

    Erik’s Answer

    Most lawyers will approach your question as to whether you need to file bankruptcy, and which form of bankruptcy would you qualify for and be in your best interest. You will need to consult with a lawyer that you are comfortable with and confident in their abilities. Good luck.

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  • It is appropriate to consult differenf bankruptcy lawyers ?

    I have doubts iin my minds right now. I would like to see different Bankruptcy lawyers if this okay to find out if they can help me my situation and wanted to know how much they charge. Are they offering a payment plan if you can't afford t...

    Erik’s Answer

    It is absolutely appropriate to consult with different lawyers. I would also check their reputation as well. In addition, each lawyer charges differently as to price or hourly. You need to feel comfortable with your lawyer, and make sure that lawyer does not cause you additional financial stress. Good luck!

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  • Bankruptcy and Domestic Partnership

    I am living with my fiance. He is starting at Boeing and we want to file for domestic partnership since we are living together so my kids and I can be on his insurance. I am currently filing for bankruptcy and I know that getting married will affe...

    Erik’s Answer

    To answer your question properly, an attorney must understand whether you are talking about a same sex relationship, or a relationship of different sexes. "Domestic Partnership" as that term is used under Washington law implies a same sex relationship (except in very, very limited circumstances), and, only if the same sex relationship has been registered with the Secretary of State's office. As a domestic partnership, you enjoy all the benefits of a married couple (community property, community debts, community income, etc.) with the only real exception being that you cannot get married. At present, Washington will not recognize a marriage of same sex individuals, even if married in a jurisdiction that allows and recognizes such a marriage (ie.) B.C., Canada).

    From a bankruptcy law prospect, there are strategic reasons for a married couple to file separately or together. However, the bankruptcy code does not define marriage. Marriage is defined under the Defense of Marriage Act ("DOMA"), and clearly states that a marriage shall be between one man and one woman. There are two very lengthy opinions from Washington Bankruptcy courts that discuss whether a domestic partnership can file a joint petition in bankruptcy. At present, the law is that you cannot. However, with the announcement of the Obama administration that they will not defend constitutional assaults against DOMA, there may be a reprieve in bankruptcy court from the enforcement of joint petitions consisting of only a husband and a wife.

    The next issue is whether a "domestic partnership" will be considered as one household/income producing unit (like it would be under community property law of Washington State) for the purpose of calculation of disposable income or eligibility to file a Chapter 7 Bankruptcy. A Wisconsin Bankruptcy court has held that since a “Domestic Partnership” is not a marriage, it is not a single unit and the individual income from each partner would not be considered together for calculation of the means test or for the determination of eligibility. The US Trustee did not pursue an appeal of this ruling.

    As you can see, this area of the law is quite complex, and the legal landscape is changing more rapidly than ever before. You need to consult with an attorney who is both familiar with bankruptcy law as well as family law as it relates to Domestic Partnership (if we are talking about a same sex relationship). There may be a strategy to file separately, or, if possible, to try to file together. Only an attorney can help you make this decision after reviewing the specific facts of your case with you. Washington State Law is vastly different in this area then previous bankruptcy law and rulings, and now might be the right time to pursue other options under the bankruptcy code.

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  • We loaned buyer money on house they 26bought from us. They filed bankruptcy , they kept the house are they still oblicated to pa

    When the buy bought our house in 2003 they signed a promisary note to pay 265 a month. with 9% interest and the interest would go up to 12% by year 5. If they missed a payment they would be liable to pay 12% from then on. They filed bankruptcy ...

    Erik’s Answer

    To answer your question properly, a lawyer will need to review all the documents you have that created the loan. After a review of all the documents a lawyer will be able to determine whether you are a secured creditor or unsecured creditor. Depending on the type of creditor you are determines what your rights are in your borrower's bankruptcy. I would suggest you attempt to contact a bankruptcy lawyer of your choice to get this determination. I do not believe it would be as expensive as you think to receive an option as to what your rights are and what you should.

    Good Luck.

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  • Will she gets a bad credit history if he files for bankruptcy?

    What's the case of a wife if her husband files for bankruptcy but the house is under his name but they are filing a joint income tax? The wife's a student and homeker. The wife would like to maintain a good credit history ( both have good credit h...

    Erik’s Answer

    Your question is actually very complex and involves issues of community property law. You should consult with a bankruptcy lawyer of your choice who is familiar with community law and the effect of one member of a marital community filing bankruptcy, and the other is not.

    Briefly, if the sole reason for one member of the community to file bankruptcy is to save the credit rating of the non-filing spouse, you probably will not obtain your goal since Washington is a community property state. In addition to the foregoing, the non-filing spouse may still be held liable in their individual capacity (not their marital community capacity) for a debt included in a bankruptcy. This becomes a real concern if the non-filing spouse has seperate (non-community) property interests.

    Again, this is a very complex area of bankruptcy law and you really need to sit down with a bankruptcy lawyer and allow them to interview you closely and provided you with good sound bankruptcy advice so that your goals will actually be obtained.

    Good Luck!

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  • Why file for bankruptcy and damage your credit for 10 years when you could walk away and recover in 7?

    I am facing the likelihood of needing to file for bankruptcy for unsecured credit cards, but I have been advised that I may be better off just walking away as it will only be on my credit score as long as it's on the books with the credit companie...

    Erik’s Answer

    I agree with Mr. Dawson's response and urge you to follow up with a bankruptcy attorney of your choice. An additional consideration is that a bad credit rating stays on your file for 8 years from the date it was LAST REPORTED. This means that if the creditor reports your bad credit rating through a normal automated system, or it is purchased in a secondary market and re-reported as a bad debt, in theory, it could be on your credit file for as long as a bankruptcy would be, or more, anyways.

    It is probably better for you to deal with financial troubles now, before you return to the states and have to undo, or correct long standing problems such as judgments or repetitive derogatory entries on your credit file.

    Good Luck!

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