Is an individual retirement annuity protected in bankruptcy?

Look at 703.140(b)(10)(E)..It exempts annuity distributions in an amount reasonably necessary for your support. That is determined on a case by...

If a auto loan is closed due to bankruptcy, are you still obligated to pay ?

Yes. Mr. Larkin is a CA licensed bankruptcy attorney and is located in San Diego. His response here does not constitute legal advice and does...

If I want to file bankruptcy myself but my husband and I are both on our home loan is that a problem our payments are current?

You can file bankruptcy on your own without your husband. The loan will not be affected and you should not reaffirm it. Mr. Larkin is a CA...

If home loan is modified after bankruptcy, what happens?

If it is a new agreement and new consideration is given, you are on the hook for it. If it is a modification of the mortgage you discharged and...

When filing a Chapter 13, could I have to pay more per month towards debt than I currently do?

The trustee will want your disposable income over the life of your plan but you can modify your plan once the loan resets and your payment...

If married and filing a bankruptcy, what is the earliest I can file for a divorce and not affect the bankruptcy?

Day after the BK is filed. Mr. Larkin is a CA licensed bankruptcy attorney and is located in San Diego. His response here does not constitute...

Can we file bankruptcy on cc debt while in a loan mod trial period before the modification is made permanent?

It depends on what they consider a default. You probably are better off waiting out the trial period since it is difficult to unwind the clock if...

Those are his separate property debts and they cannot come after you for them if you marry him. Mr. Larkin is a CA licensed bankruptcy attorney...

Credit rating - chapter 13 v. chapter 7 - which affects your credit worse?

It depends on what you are trying to accomplish. If you are looking to quickly eliminate credit card debt and rebuild credit then chapter 7 is...

Alternatives to chapter 7?

Yes, there are options available for someone in your financial situation. Debt settlement is one of those options. If you are interested in a...