I filed for chapter 7 bankruptcy on March 1. I just had a 341 meeting 30 days ago. Today I got a notice of overpayment from EDD in the amour of $4,000. I informed the EDD of the overpayment at the time I filed bankruptcy and scheduled the overpaym...
This is not a criminal matter ... in fact, it's not even fraud.
The debt will be discharged.
My payments are deducted through my payroll and I've noticed on ndc that my base plan has been paid along with extra funding because it's through my payroll so when will it end?
I don't wish to be the bearer of any bad news, and this probably doesn't apply to you; but if your "applicable commitment period" was 60 months (due to your avg monthly income exceeding the relevant median in your state) and you haven't yet made 60 payments, there's a chance your Trustee will attempt to modify your Plan to make sure that you do.See question
I fell behind on my mortgage because of multiple payday loans and a gambling problem
The odds are very good for saving it from foreclosure for a few months ... almost anyone can file a Ch13 to temporarily stop a foreclosure sale.
As my colleague has spelled out for you, the odds of saving it until it is no longer at risk are about 50/50 ... and that's assuming you have an attorney handling it for you.
Because our income is above the median - we have to complete the means test. I filled out the means test numbers and the Final Part where you calculate your Disposable Income for 60 months is negative. The form states that if the amount is less ...
I'm embarrassed to say I'm a little confused by your question.
The title says Chapter 7 but the Practice Area is Chapter 13.
The means test is run to determine if you can qualify for Ch7 despite your calculated monthly income (6 mo avg) being over the median gross income in your state for your family size. The 7,700 sounds like the median in your state for, say, a family of 6, but I don't know.
If your disposable income is negative after running the means test, then you have passed the means test and can do a Ch7.
If, however, you are in a Ch13, the "means test" you're referring to is actually a calculation of the disposable income you should pay your unsecured creditors in your Plan. If it's negative, then your Plan payment will be based, instead, on your Schedules I & J (unless, for a variety of reasons, your Plan is required to pay a certain sum regardless of your ability to pay).
I am currently in an active bankruptcy and have been very displeased with my attorney. He doesn't respond timely (sometimes up to 2 months), acts bothered when I ask him questions and I've truly never felt he represents me. Can I fire him and hire...
Of course you can fire your attorney at any time; but since your case was confirmed in January, he has probably already been paid his fees for handling your Ch13. There's not much point in hiring a new attorney to step in now because there is probably nothing for him/her to do (and, consequently, no fees for him/her to earn) ... yet. Someone else will be more likely to take your case if you wait until some action is required by your attorney.See question
Wanting to pay off our chapter 13 early due to taking employment out of state and we were told we can't sell our home while in bankruptcy. We were going to take money out of our 401k to pay off the amount owed. Can we do that?
Well, you do need the court's permission to sell your home while you are in bankruptcy; but the more problematic issue, as my colleagues have indicated, is the additional funds available to pay creditors you didn't intend to pay (unless you're already in a 100% Plan). Your trustee may very well want to modify your Plan to increase the percentage to the creditors. In my opinion, however, offering to pay off your plan with except retirement funds (and NOT with proceeds from the sale of your house) should not be a basis for such a modification.See question
I completed my chapter7, received my discharge, ( I'm not sure if it's closed) I want to file a chapter 13 and attempt to save the home from foreclosure. Is the mortgage trustee required to file a proof of claim before they can proceed with the fo...
No - they are not required to file a Proof of Claim; but, as already stated, they are required to obtain relief from the automatic stay in order to proceed with foreclosure.
If you will be attempting to pay the arrears in your Ch13 Plan and they do not file a claim, you'd best file a claim on their behalf because whether they get paid or not, they'll still have the lien on your property.
I've been helped here by other questions and I was told to speak with a bankruptcy attorney. How do I choose a right attorney who's high experienced near my area? My situation is all about my husband credit card debts. He's been disability for ...
Unless you're planning on getting divorced and awarding the house to you (with something of reasonably equivalent value to him in return), I don't see how a family law attorney can help you here.
It sounds like your homestead exemption is likely $175,000, so your husband could probably file BK in order to discharge all his dishargeable debts.
It took 5 years to settle the insurance claim and many records were destroyed and needed to be reconstructed. In the settlement, the worthless security, a bearer bond, was not covered. During the 7 years, I filed a Chapter 13 Bankruptcy. Does t...
Your BK would not toll the SOL for you to file a lawsuit.
Your mental incapacity only tolls the SOL if the injury was while you were incapacitated.
Incompetency arising after the accrual of a cause of action does not suspend the running of the statute of limitations [Larsson v. Cedars of Lebanon Hospital (1950) 97 Cal.App.2d 704, 707].
I am taking classes thru an online school and I make payments every month. I'm still going to take classes but I'm filing for bankruptcy. Do I have to add them onto it?
If your monthly payments are pursuant to a contract which obligates you to continue with the payments, they should be included in your list of creditors as well as on Schedule G.See question