We are not married. I claim him as a dependent. Would it make a difference in how much of my income tax a trustee can take?
if you aren't legally married, you cannot file a joint bankruptcy. If you are expecting a tax refund, you should disclose it on your bankruptcy papers and your can tell how much of it is exempt. The exempt portion is what you can keep.See question
I slipped in an oil spil while taking my car into my local Chevrolet dealership. The dealership brushed off the incident. They did not file an accident report nor did they ask if I was okay.
There are too many missing facts, so you should consult a personal injury attorney. But honestly, were you really harmed beyond being mad that they wouldn't take a report? Did you have medical bills? Lost income? Severe injuries? If not, you might not have a very valuable case.See question
I am on the deed to our house, and not on the mortgage. I am in the process of filing for chapter 7 for my personal unsecured debts. There is no actual equity in the home. We owe more than the appraisal we just got on it. But the concern is the tr...
You need to discuss this with a local bankruptcy attorney. I cannot tell from the facts given if the mortgage encumbers the entire property or just interest of the other owner.
When deciding whether or not to sell a house in bankruptcy, the trustee has to consider the value of the property, the amount of any liens and the available homestead exemption. If there would be proceeds left over after paying all those items and the costs of the transaction, the trustee could sell the house.
So the trustee probably wouldn't sell the house based on the facts as described, but you still need to review this with an attorney.See question
A 21 years old family member who is a bum finally decided to move out of our house. He lived in our house for 6 years with the last 3 years doing nothing except for playing with toys, games and watching movies. Is there a document that we can ge...
There are plenty of sample release agreements online that you can use for free. In order to waive all claims, known and unknown, you'll want a wavier of rights under Civil Code Section 1542. The language will look something like this:
"Section 1542 Waiver. In granting the release herein, which includes claims which may be unknown to you at present, Executive acknowledges that Executive has read and understands Section 1542 of the California Civil Code: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Executive hereby expressly waives and relinquishes all rights and benefits under that section and any law or legal principle of similar effect in any jurisdiction with respect to the releases granted herein, including but not limited to the release of unknown and unsuspected claims granted in this Agreement."
Convincing the family bum to sign it might be a different issue.See question
Defendant did verbal and written offers to defendant. Plaintiff has not responded to the offers. Plaintiff quickly sold debt to another collection agency without notifying defendant. Prior years, plaintiff won judgment. Judgment is nine and...
No. there is no such legal requirement.See question
filed on 3/25/2014 when will it be discharged
It it was a Chapter 7, it should have been discharged in July or August of 2014. If it hasn't been discharged, something is wrong and you should talk to your attorney. If you don't have one, get one.
If it was a Chapter 13, you generally have to make payments for 3 to 5 years before getting a discharge.See question
I am an heir to my grandmothers estate and her condo is being foreclosed. The lender has served the other heir with papers for the foreclosure but my aunt says it is naming the heirs a co-borrowers. I haven't seen the papers myself but I was wonde...
Your aunt is probably misinterpreting the contents of the legal papers. In order to get clear title after the foreclosure, the lender most likely needs to name all persons who might potentially have an interest in the property and that includes heirs. However, I'm in California and do not know the laws of your state. Take the lawsuit papers to a Florida real estate attorney or estate planning attorney for further advice.See question
I was granted a chapter 7. My HOA had a judgment against me which apparently wasn't the full amount they claim I owe. They were served notice of my bankruptcy but made no changes to what I owed them. Can they now go after me for the debt they d...
The amount you put down in your bankruptcy papers has no bearing on what the HOA might be able collect from you. Whatever you owed as of the date you filed would be covered by the bankruptcy. if you still own the unit, you would be responsible for the dues after the date of the bankruptcy filing under you no longer owned the unit. If the HOA had a lien for delinquent assessments, you might need to pay the lien to avoid foreclosure.See question
im filing chapter 7 and i recieved a notice for a evidentiary hearing. Do i have to attend this
Your question is impossible to answer without more information. Having an evidentiary hearing in a Chapter 7 is highly unusual and could be for any number of reasons. The last one that I had was regarding whether or not a creditor had violated the discharge order. The hearing in your case could be extremely important. You need to speak with a local attorney right away for further advice.See question
I noticed the same car is coming from the same direction, rolling the wheels slowly, stopping by for about one minute in front of my house and then rolling the wheels slowly again and leaving. I've never seen the driver coming out of the car. It a...
Call the police and inform them of the situation. Maybe set up a security camera to get video evidence. The could be casing your home for a future burglary. Talk to your neighbors to see if they've observed anything suspicious. If there's a Neighborhood Watch in your area, notify them as well.See question