Can my cousin lose his collateral and must he do something to further secure it?

As stated by other attorney(s), your cousin has a problem with the vehicle allegedly pledged to secure the loan. The procedure to be followed in...

Can the company be held liable for stress emotional ?

No. Attys Firth and Taylor are correct. What you have is a possible breach of contract claim. Your damages are minimal. Move on. This is not...

Is this 1099C treated as income for 2015 tax purposes since it was filed Oct 2015 and not discharged until January 2016?

Attys Firth and Taylor are correct. The effect of the 1099 for $100K is nullified by your insolvency circumstances. Confirm with your tax...

If I pay off a large court fine close to a chapter 7 bankruptcy could that raise any preferential payment red flags?

I don't see any "red flags" resulting from your pre-petition payment of a $1000 court "fine". But, why pay it at all? Depending on the details,...

Is there a "failed business" exemption that can be used to protect property in my spouse's name and his credit from my BK?

There is no "failed business" exemption in CA. If you file BK alone, your spouse's assets/income must be disclosed to determine your eligibility...

I concur with my colleague atty Rausa. BK is not a DIY project. Click the Avvo tab "Find a Lawyer". Some of us even offer a free consultation by...

This is a question for your BK lawyer who is in possession of all the relevant documents, including the Proof of Claim filed by the mortgage...

Under these circumstances, can we sue or are we precluded by the stay from 5/13/14?

You cannot sue unless and until you get an order from the BK judge lifting the stay and authorizing you to file suit. You need to...

What will happen to the gifted items?

Hold off on receiving the "gifts" until after BK filed. Property you receive prior to filing must be disclosed as an asset in your case. It may...

What can I do

Under bankruptcy rules, you have the right to "redeem" secured property for its market value. If you and the creditor cannot agree on "market...