Archived
If I file for BK, will the court consider spouse's finances as part of my assets?
William's answer
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Answered on December 27, 2011
Yes, if you file BK individually, but are married, you must list your community property interest in all of your spouse's assets in your Petition...
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Car accident no insurance in california default judgment against me license was suspended in 2008 filed for bankruptcy
William's answer
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Answered on December 26, 2011
In CA, the DMV will reinstate the license if you fax them proof of the BK filing, showing the judgment creditor is listed, IF the judgment is...
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Can I be sued for credit cards exclusively in my ex-spouse's name?
William's answer
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Answered on December 22, 2011
You should consult with a local bankruptcy attorney (most will offer free iniitial consultations) to have your divorce settlement/judgment reviewed...
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BK Judge requested an appraisal re: Motion to Avoid Lien-522(f)-Real Property. Is an "external" appraisal acceptable?
William's answer
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Answered on December 21, 2011
Personally I have only seen this issue come up once before in Court and in that case the Judge stated that an exterior-only appraisal was fine. ...
Archived
Chapter 7 homestead california. Trying to figure out how much homestead I could protect. 75k or 100k? What qualifies as family?
William's answer
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Answered on December 16, 2011
In California the applicable Homestead exemption you would use is found at California Code of Civil Procedure section 704.730. As you apparently...
Archived
Student loan proceeds in bankruptcy. Income for Means Test? Asset? How handled
William's answer
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Answered on December 14, 2011
The student loan funds would be listed as part of your income, since you must list all income from whatever source (not just paycheck-type income)....
Archived
What is the "means test" for bankruptcy?
William's answer
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Answered on May 14, 2009
The "Means Test" is a form and calculation under the new Bankruptcy Code that compares your income and allowable expenses with IRS averages for...
Archived
If i claim bankruptcy does the equity in my primary residence dictate what i can file? and does it include all debt ?
William's answer
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Answered on May 14, 2009
The lien will remain unless you file a motion to avoid lien along with your bankruptcy petition. While the bankruptcy will eliminate the debt, it...
I had a chapter 13 dismissed how long do i have to wait before i can file again
William's answer
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Answered on May 13, 2009
If the dismissal was "with bar" then you cannot file again for 180 days. If the dimissal was "without bar" then there is no restriction on...
Archived
Can a HOA foreclose on my property?
William's answer
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Answered on May 13, 2009
The HOA is a secured creditor and has a right to foreclose. They would be considered a junior lienholder in teh "pecking order", but they have the...
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