Should I consider bankruptcy if I also need to refinance my home due to an ARM that is up in twenty four months...?

If possible, refi the ARM before you file BK and while your credit score is higher. After getting the ARM refi'd you can file your BK. I am...

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Can I file Bankruptcy on a home that was awarded to my ex-spouse??

Yes and with a properly planned Chapter 13, you may be able to eliminate the 2nd TD entirely, pay up any arrears on the 1st TD over 60 months and...

Do I need to list my regular paycheck on Schedule B of the Chapter 7 Bankruptcy petition?

If your income is based on wages and not commission, you treat it as a post-filing issue meaning you do not need to disclose it as an asset. Of...

What exemption is used for public retirement systems (like CalPERS) that are an indefinite amount?

All debts and assets must be disclosed, including your interest in retirement/pension/profit sharing accounts. Generally, the amount is fully...

Foreclosure or short sale after bankruptcy?

The answer to this question depends on many facts not included. Can you find comparable housing for the same amount you are paying now? Do you...

Who is liable for a car should the driver get into an accident?

I agree with atty Brumer that this is not really a BK question, but it could become one later on. DMV probably does not know about the ToP plan,...

Individual Bankruptcy- Community Property State California- Business Credit Card Debt

The Means Test is intended to steer certain high income/low expense debtors to a Chapter 13 option. Assets do not have a direct impact on the...

I was issued a wage garnishment cc debt. Apparently I went into default in 2008. I had no idea! Can't afford 25percent.

You need to file an Amended Claim of Exemption listing accurately all your income and expenses and claiming 100% of you wages are necessary for...

If I file for chapter 7 bankruptcy will my California 529 plan investments be exempt?

I agree with my fellow attorneys.

Has still care loan and never missed payment. I am planning to file BK Chapter 7. Do I need to include it in my filing ?

All debts and all assets must be disclosed. You will be asked to sign a statement attesting to that under penalty of perjury. Bankruptcy is a...