Can i file for CH7 Bankruptcy if i recently moved back in with my parents ?: I pay all my own bills, and receive no financial assistance from my family other than being allowed to stay in a room here temporarily. My girlfriend and i left our apartment and temporarily moved into my mother’s home. I am considering filing chapter 7 bankruptcy, but I’m unsure if their income will affect that, or needs to be included since i am living with them. My finances are my own still however, i just am unsure if id qualify
John’s answer:
There are many level to your question about qualifying and inclusion of your parent’s income. What I can say is that you can be treated as a renter in your jurisdiction when it comes to your living situation. In other words it is unlikely your parent’s income need be included. However, you provided no details on your income or your girlfriend’s income. The problem most people confront when reducing their overhead by moving in with relatives is ultimately while they may not have enough to pay all their bills but have a big enough surplus after not paying their debt that they appear to be about to pay “something” towards their debt and are forced into a repayment plan.
I recommend you contact a local bankruptcy attorney. Many, like us, offer a free telephone consultation to give you definitive answers on your options.
John G. Merna, Esq
757-581-1250
Virginia Beach, Va
If I file for chapter 7 bankruptcy will I lose my personal injury settlement from a car accident?: I was planning on filing for bankruptcy before I actually got into the car accident but now that I received my settlement check, I am wondering if I will lose it all after filing bankruptcy?
John’s answer:
Personal injury settlements can be protected in bankruptcy. You need to contact an attorney immediately. How you spend the settlement, whether you commingle it with other funds, etc., can raise complications. Call a bankruptcy attorney today.
John G. Merna, Esq
Newport News
757-340-4070
What can I do?: I have a creditor from bankruptcy ten years ago who has placed a lien on my new property. The debt was discharged and the Leon attached to property I just bought so there’s a cloud on my title.
John’s answer:
Discharged debt does not attached to after acquired property. There are several fixes for this. 1) Get an attorney, preferrably a bankruptcy attorney, to write a letter to your title company regarding the status of the discharged/liened debt. 2) Get a certified copy of your bankruptcy and record it in the change of title at the appropriate land records office.
John G. Merna, Esq.
757-581-1250