I am married and thinking about filing chapter 7 bankruptcy without my wife and I am wondering if i can sell her my second car?: The car I will exempt is upside down in the loan and the second car is paid off with a value of $13-15K. Can I sell this to my wife who I do not need to include in the bankruptcy without any issues with the Trustee. I plan to use some of the money for legal fees, back taxes, and I need to tag the vehicle I plan to keep as an exemption as I still owe around $4,000 to tag and the rest to store in the bank to give to the trustee when its time.
Jill’s answer: These are advanced prebankruptcy planning issues that must be undertaken with extreme care. If these issues are not handled properly, things could go badly for you. I strongly urge you to retain an experienced bankruptcy attorney to represent you in the prebankruptcy planning phase and the filing of the bankruptcy case. These issues are far too complex to attempt to answer on this forum. Transfers must be disclosed in the bankruptcy paperwork. The bankruptcy lawyer will be able to advise you on the appropriate course of action for you to take after doing a thorough intake and analysis of your situation. There are many qualified bankruptcy attorneys in Wichita. If you need assistance finding one, the Kansas Bar Association Lawyer Referral service could help you. Best regards.
How would a chapter 7 bankruptcy affect our home rent to own contract?: We have been shouldering so pretty heavy debt for our means the past six years. We even saw a bankruptcy attorney last year but were unable to continue the process do to lack of funds to file. Now we are here another year and desperately need to file soon while we have means. The big issue is we are about to sign a new contract on our house from rental to rent to own. Our landlord wants to sell the property but know our situation of poor credit issues so offered us rent to own. We have lived here almost nine years. Finding another place to rent that meets our needs with four kids that we can afford would be impossible right now. It's also not feasible for our landlord to wait longer to sell the property since he is older, travels more and doesn't want to be responsible for property upkeep and such. So my question what happens to rent to own home contracts in our State of Kansas during a chapter 7 bankruptcy? We love our landlord and do not want to do anything that would cause him financial or legal burden, it's not his fault our finances suck and he is really going out on a limb to help us. But my husband's judgments, collections, garnishment is crippling us. Help!
Jill’s answer: I recommend you work with a local real estate attorney and obtain a title report so the two of you can assess whether or not the bill problems are liens on the real estate or would cause issues in some other way with owning real estate.
How do I find out who garnished my bank account?: I just went to the bank and my account was empty. I was told it had been garnished. I have no idea who I would owe or why. All I was provided wias a phone number that goes to nobody.
Jill’s answer: The bank should be able to give you a copy of the garnishment order it received.