Credit card summons from collection agency

The first thing you need to do if and when you get sued is file an Answer. The summons will tell you that you must “appear” by way of an Answer in...

How long does it take to be sued in NYS for overdrawing a checking account, and that account going to collections?

It varies. Below is the statute of limitations in New York. You may have taken actions that wouldhave extended the SOL but we cannot tell from...

Can I still serve the complaint in an adversary proceeding I filed when I was in Chapter 13 now that my case converted to Ch. 7?

What is the basis of the adversary? You can file an adversary in a 7 but normally it is the trustee who has to prosecute claims in the estate.

I know that ss is hard to garnish but how about 401k and company retirement --- in californa

The 401k is exempt (protected) from all but the IRS. Pensions / Retirement Plans: Public and Private retirement benefits, IRAs & Keoghs,...

I have some assets, some debts. What happens when I file bankruptcy?

People often ask if they can keep homes, second homes, cars, boats, tax refunds, etc., when they are contemplating Bankruptcy. I always tell them...

As a secured creditor the bankruptcy will not affect the lien. They will get paid in full from the insurance proceeds before the estate gets any...

Chapter13

If you get a discharge they cannot get a judgment against you for a deficiency.

List my wife as co-debtor?

If your wife is a co-debtor she must be listed. If you file bankruptcy it does not do away with the wifes liability.

Equity of my real property?

You cannot claim the cost of sale to reduce the equity.

Chapter 7 and Tax Refunds

They do not slow down the discharge but they keep the case open. You still have to file the taxes, but not by April 15th...it must be ASAP. ...