I would like to know will attorney take care of proceedings I come to court process for the bankruptcy. Also I have a sale date on the home for November 2nd 2016
Great question. You must attend at least the 341(a) hearing/meeting of creditors which is typically scheduled 30-40 days from the filing date of your bankruptcy petition. Any lawyer you hire should also be there with you and prepare you prior to the hearing date. However, in most cases your attendance at the hearing is absolutely necessary and required by law.
A second hearing called a "confirmation hearing" sometimes requires attendance, as well. You should talk with your lawyer about how this will be handled.
Best of luck.See question
I work at a school. I make $800 a month, sometimes less because of summer break. I have 3 kids. I have a $265 car payment with $9k still to owe. I live with my mom and pay $500 month in rent. I have a little over $7k in credit card debt and $34k i...
Appears from your facts that student loan debt will not receive a discharge if you file chapter 7 bankruptcy.
Regardless, you may still have reason/ or need for filing for bankruptcy protection and relief. A consultation or two with experienced bankruptcy lawyers may help to give you the needed information to decide your best option going forward.See question
I saw a bankruptcy lawyer today and he told me that because I had $70K equity in my home, my tax refund may be taken away. Is this true? My wife and i received a $12K tax refund earlier this year, but it's all gone now. We used it for basic liv...
It might be a good idea to get a 2nd opinion (or 3rd opinion even...). There are a variety of factors involved when exempting assets, especially when evalusting values of Real Property and values of Estimated Income Tax Refunds. Also, if you are getting a high amont of tax refund then very likely you are over withholding and should consider adjusting your wage withholding exemptions.See question
Bad marriage. Left with the debt. Out of the military in March 2017. Need relief now.
Yes. There's no problem filing evoke active duty. In fact, you may benefit in ways related to the means test and more.See question
I'm in central district of California. So, I filed chapter 7 five years ago. I went to do a refinance on my home and found out that a creditor had filed an abstract of judgment on my home prior to the bankruptcy. Through research and calling a few...
For purposes of LIEN AVOIDANCE, case law on the issue says we use property's value at the time the petition was filed, not current value.
Certainly you should use a law firm with experience to help you through this process and navigate tricky procedural requirements including reopening old bankruptcy, proper service on lien holders, valuation evidence, and more. If done correctly, the benefit of avoiding the lien may far outweigh modest legal costs for the work on your case.
Best of luckSee question
I am filing Chapter 13 bankruptcy. I have the date I filed. And now I am going to turn in the next papers. Later in a couple of months I have a creditor's meeting scheduled.. I am writing to ask: After how many days (a-week after I filed , 30...
From the questions you're asking, I have no doubt that you will need a lawyer to help you with this case.
The good news: some /most/all (?) of your attorney fees may be eligible to be paid through your CHAPTER 13 PLAN -- the plan is something every chapter 13 bankruptcy filer must prepare and it sets out which creditors will be paid and the schedule of payments (more or less), and over what time period (36 months to 60 months).
Bottom Line: With all due respect, you need to find legal help ASAP.See question
If I file a Chapter 7 Bankruptcy Pro Se, and it becomes too involved as to the Trustee requests and demands, can a Bankruptcy attorney step it and straighten things out, or would I need to dismiss and start over again.
Yes, you may start a case as a pro se debtor and then, later substitute an attorney in as your counsel.
However, I would not attempt a bankruptcy case pro se if there were any concerns whatsoever; even if possible, unwinding problems can become very expensive very quickly.
Bottom line: be your best advocate, consult with an experienced bankruptcy lawyer and research getting the best help possible to represent you BEFORE problems arise.See question
I am moving from California to Arizona. I may have to file bankruptcy.
You may want to file in the jurisdiction where you are living at the time since you will be required to attend a hearing in-person within 30-40 days after filing your bankruptcy petition. Regardless the jurisdiction where you file, however, you will be using exemptions based on your residence in the state of California (unless waiting for more than 180 days after moving).See question
I've been sued by a creditor and now having my wage garnished. There is no information about who the original creditor is and how much I actually own on the letter they sent me. Can I: 1) deny it? 2) how can I stop the wage garnishment?(there i...
Temporarily to stop the garnishment you may be able to submit a claim of exemption and attach your proof of income and funds necessary to be allowed an exemption from garnishment (or levy).
Second, you may either attempt to settle the debt/judgment outright or you may wish to consider filing for bankruptcy protection.See question
I'm a senior on Social Security. I maxed out my credit cards and ordered things from catalogs I received in the mail which offered me credit. I realized I was over my head in debt when I would pay my minimum credit card payments, then use the cred...
Babkruptcy will cause a decrease in your credit score however the larger problem is your overall debt management plan and debt to income ratio. Recovering a credit score after a bankruptcy filing is possible, sometime in as little time as 2-3 years.
You may want to ask yourself the tough question now: how long will it take to execute your debt settlement plan and recover a better credit score WITHOUT filing for bankruptcy protection and relief?See question