My wife and I are separated can I declare chapter 7 bankruptcy without her?
The short answer is "yes,' you can file bankruptcy without your wife.
Orlando, FL
Debt collection Lawyer at Orlando, FL
Practice Areas: Debt Collection, Bankruptcy & Debt, Debt Settlement
The short answer is "yes,' you can file bankruptcy without your wife.
The trustee will not and cannot take the proceeds of the sale. The property was exempt when you filed.
A bankruptcy from 15 years ago will not show up on your credit reports. If it does, it is a violation of the Fair Credit Reporting Act.
IRA's are specifically exempt from levy by federal statute.
I believe that you already know the answer. However, the judgment creditor may try to garnish your wages.
That is horrible. However, any post-petition liability is not going to be covered by the bankruptcy. You need to consult with a lawyer.
If the debt is over 10 year's old (since the last payment) you can't be sued on the that debt but the creditor is still able to collect it so long...
Direct negotiations or bankruptcy are the only ways that I know of.
Capital One sues on its own debts so there is not an issue of standing. Ask them to produce the account documents and billing statements.
The answer is "yes." The form you should use is attached to the Notice of Garnishment.