Should I allow my wife to move out with my 3 yr old son with out filing for full custody?

You will not lose any rights to custody/visitation if she moves out; but if you want a court order granting you (and her) those rights, you should...

Im planning on filing bankruptcy in southern california im filing on 704 but i came across a problem i have to vehicles that im

You can exempt more than one as of 1/1/13 ... but you don't need to exempt any, since you have no equity. It sounds like you're going to need an...

Can Student loans be included on a chapter 13?

Yes, they can be included ... but you will still owe what is unpaid when it's over.

How often can you file bankruptcy?

Yes, you would qualify now for a Ch13 AND you would be entitled to a discharge after you had paid what you can afford for 3 yrs (assuming your...

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Can I fund an ira with exempt funds if the bankruptcy has not been discharged?

Since you have a $26,425 wildcard exemption here in CA, and you probably have a fair amount of it unused, I wouldn't worry about funding your IRA...

Yes, you can; but it might be easier to bring your post-petition payments current with an Adequate Protection Order that allows you to make extra...

How do I determine which BK exception is best section 1 or section 2. I want to keep my home , mortgage is current no equity

Since you have no equity in your home, you should use the 703. series exemptions.

My attorney filed our chapter 13 bankruptcy even though we told him that we decided NOT to file. What can we do?

Tell your attorney to dismiss the case. Or, if he/she does not, it will be dismissed if you do not appear at the meeting of creditors. But,...

I'm in the process of filing all past due tax returns and filing chapter 13 bankruptcy. Will interest/penalties have to be paid?

Interest and penalties on priority debt are also priority debt; but no more interest or penalties will accrue once your case is filed. You don't...

I'm in Ca and being sued by a credit card. If the court finds it in their favor, what can they do to me?

If they obtain a judgment against you, they can (1) obtain an Earnings Withholding Order and garnish your wages, (2) levy your bank account, (3)...