Questions answered by Jeffrey Daniel Larkin

Archived

All my debts are under my name, however, the bankrupcy attorney advises that my husband files bankrupcy as well.

Jeffrey's answer | Answered on June 18, 2009

Your bankruptcy attorney is correct in the advice he is giving you. Your debts are community property debts assuming they were incurred during...

Archived

My wife file chapter 13 bankruptcy and I did not. I am assuming all joint debt as well as my own. But the trustee wants more????

Jeffrey's answer | Answered on June 18, 2009

I agree with Mr. Kovacs answer but would add that you could run into trouble if you and your wife divorce just so she would be eligible to convert...

Archived

Schedule I - Current Income in Bankruptcy

Jeffrey's answer | Answered on June 18, 2009

I agree with Mr. Kovacs answer. Depending on the software program you are using it is probably calculating your income using the 4.33 multiplier. ...

Archived

What will bankruptcy do for me?

Jeffrey's answer | Answered on June 17, 2009

If you have no other way to pay your debts, then yes. Bankruptcy will discharge all the debt you indicate (unless any judgments against you are...

Archived

Bankruptcy vs. defaulting on unsecured credit

Jeffrey's answer | Answered on June 17, 2009

I agree with Mr. McClure's advice LEGAL DISCLAIMER Mr. Larkin is licensed to practice law in CA and is located in San Diego. His response here...

Archived

Foreigners with credit card debt

Jeffrey's answer | Answered on June 17, 2009

I agree with Mr. Starr's advice. While it may be possible to get a judgment against you, it is unlikely that they will pursue collection against...

Archived

Hello, can I file for bankruptcy if I am married?

Jeffrey's answer | Answered on June 16, 2009

It should not affect his credit if you are filing individually. If you have joint accounts then they can pursue the spouse who does not file. ...

Archived

After short sale, our second bank has sent the balance of their loan to a collection agency. What are our options?

Jeffrey's answer | Answered on June 16, 2009

Generally speaking the cancellation of the deed and the collectibility of the money owed on the second are 2 separate things. Your realtor wanted...

Archived

My husband has an LLC trucking company

Jeffrey's answer | Answered on June 16, 2009

He can surrender the truck in the bankruptcy if it is an asset in his name and he is filing. If the truck is in the name of the LLC and you...

Archived

While in Ch.13, can we let house go back to bank? and can you come out of Ch.13 early if you did this?

Jeffrey's answer | Answered on June 16, 2009

You should look into converting your case to chapter 7 which will allow you to surrender the house and discharge the remainder of your unsecured...

Jeffrey Daniel Larkin's Answers (993)

All my debts are under my name, however, the bankrupcy attorney advises that my husband files bankrupcy as well.

My wife file chapter 13 bankruptcy and I did not. I am assuming all joint debt as well as my own. But the trustee wants more????

Schedule I - Current Income in Bankruptcy

What will bankruptcy do for me?

Bankruptcy vs. defaulting on unsecured credit

Foreigners with credit card debt

Hello, can I file for bankruptcy if I am married?

After short sale, our second bank has sent the balance of their loan to a collection agency. What are our options?

My husband has an LLC trucking company

While in Ch.13, can we let house go back to bank? and can you come out of Ch.13 early if you did this?