Me and my husband want to file bankrupcy his checks are being garnished. We own two vechicles they are paid off completely. will: they take them? And we have a car financed but some friends are taking over the payments. We want to keep the car. all together our debt is about 30,000 and its mostly medical.
K.'s answer: When you file bankruptcy you are entitled to claim certain exemptions against the assets you own to protect those assets from being liquidated by a Chapter 7 Trustee, or from being considered in a liquidation test in a Chapter 13 bankruptcy. Each state has a different set of exemptions. Some states allow you to choose between Federal and state exemptions. This is one of the main reasons people filing bankruptcy should consult with an attorney. An attorney can advise as to which set of exemptions applies to you, and then apply the exemptions in a way that allows for maximum protection of your assets. You should consult a local bankruptcy attorney.
I recieve ss disability veterans disability penison. after filing bankrupsty and loosing my house i could not keep up. garnishme: is there a chance they can garnish my pension or disability. i live with my boyfriend in a trailer on his parents property. i do not own anything but a 2005 car which is paid for. stressed out in Virginia
K.'s answer: Stressed Out, First off, if you filed bankruptcy and received a Discharge, then the debts you owed creditors prior to filing your bankruptcy, if the creditors were given proper notice of your filing, are gone and the creditors cannot collect against you now. Case closed. If, however, you're talking about debts you acquired AFTER filing bankruptcy, then continue reading... Whether a creditor can garnish your pension and/or disability payments would be governed by Virginia's exemption laws. I am licensed to practice law in FL, not VA, so I can't tell you for sure that your pension and/or disability income is protected from garnishment in Virginia, but it would be in FL. You should seek out the assistance of a VA lawyer to answer your question. You may find that, under VA exemption laws, even the equity in your car is protected from a judgment creditor.
I need to reschedule a 341 meeting and was told to submit a "pending order" what is that and how do I do it? I filled without la: I HAVE to reschedule my 341 meeting and was told after I submitted a motion to also submit a "pending order"... I filled independently so I have no lawer and the court won't give me legal advice so I have no idea how to go about a "pending order" or what it even is!
K.'s answer: Sandy, One of the main reasons folks should hire an attorney when filing bankruptcy is to have the benefit of the attorney's knowledge as to what the local rules are with regard to the issue you raise and other procedural issues involved in filing bankruptcy. Rescheduling a 341 Meeting is usually a fairly simple thing to do, and, in fact, is done quite often. However, if this is your first time around the block, it can seem very difficult and, worse yet, could result in your case being needlessly dismissed. I recommend that you hire an attorney to get help with this.