My husband and I filed for Chapter 13 a few weeks ago. We have until this coming Friday, September 9th to file the remainder of the documents I initially missed - the clock is running out, and we will be out of town for my brother's wedding this ...
If you met the deadline and by doing so avoided the automatic 14-day dismissal for failure to file the deficiency documents, you have dodged your first bullet. But Chapter 13 practice is complex and rarely do self-represented debtors ever see their cases reach successful confirmation, and even fewer make it to discharge.
Avvo lists many qualified bankruptcy attorneys, and the State Bar of California also lists certified specialists in the field of bankruptcy.
If fees are an obstacle, many firms will agree to have their fees treated as an administrative claim so that they can be paid from the Chapter 13 plan. This eases the burden to the debtor, shifts part of the costs to the creditors (they have a responsibility, since it takes two to Tango), and has the added plus of having your attorney invested in your success, since he or she has "bet" on getting you a good result.See question
I SHOPLIFTED AND KEEP GOING BACK AND THE SUCRITY ASKED ME TO LEAVE AND I DIDINT
Are you questioning the store's right to take affirmative steps to prevent you from further shoplifting? There is no civil right to re-victimize. Not yet, at least. You'll have to shoplift elsewhere.See question
My husband filed for divorce last summer in Kern County. However, he never served me. It was not until I filed for divorce in LA County early this year that he started to send me all the paperwork that he was suppose to send me in regular mail.
The remedy for improper services of the petition and summons is the filing of a a motion to quash, not dismissal. If you are beyond the jurisdiction of the California courts, dismissal for lack of jurisdiction may be appropriate. Otherwise, quashing service may only buy time, as you can be re-served in a proper manner.See question
State of California, I'm the petitioner in the process of divorce, all papers filed, final default judgment not filed yet, ex does not agree to terms, though they are fair 50/50 he wants more, 1 child from the marriage, no real property. Some cred...
In a settlement agreement is one to which both parties have agreed. If your estranged husband does not agree to the terms you are proposing, you don't have a settlement, and hence you do not have a valid or enforceable settlement agreement. If he also has failed to respond to the petition and 30 or more days have passed, you may proceed by way of entry of default and set the matter for hearing as a default prove-up. By the terms presented to the court for approval will need to be in conformity with applicable California law and in the best interest of your child. If you are proceeding by default, only you will be permitted to present evidence in support of your proposed judgment, and the defaulted husband will not be permitted to testify or otherwise present evidence.See question
Concealment of one's financial circumstances or even active misrepresentations does not go to the "heart" of the marriage, which is deemed to be those reasons one enters into a marital relationship, such as a desire to raise a family. Numerous appellate decisions over the years have steadfastly rejected the idea that someone who marries, then learns that the his or her spouse is financially irresponsible, mired in debt, or less wealthy than had been sought, is entitled to an all the marriage. On the other hand, if you seek a divorce, no-fault need be shown and you are entitled to end the marriage without having to give any reason. Since the debts preceded the marriage, they are the separate obligations of your, for which you have no liability. You need not concern yourself as to whether you would qualify for "innocent spouse relief", which applies only to situations where spouses have filed joint returns.See question
Hi I have a property ,no job, no car, no bank account i have a paypal account that has a little money in it time to time. when I can sell some items. i have a judgement of $21,000. amex unpaid credit card debt I tried to negotiate with them be...
Because you own a property, which I assume may be your home, there is more information needed, such as the property value and the balances owed on any loans, before deciding what type of bankruptcy proceeding may best suit your needs. But is sounds as if protecting your property and discharging the debts to provide a fresh start when you find work (you will) suggests that seeking bankruptcy protection is advisable at this time.See question
I have numerous personal loans being paid with high interested every payday and owe lot of money in taxes and student loans. make around 2000 per paycheck but it goes directly to paying those loans and i end up having to borrow more every month to...
At $2,000 per paycheck, whether that is monthly, semi-monthly or every two weeks, you should be able to pass the means test to establish your eligibility for Chapter 7. As between Chapter 7 and Chapter 13, most often Chapter 7 is better for you, while Chapter 13 is better for your creditors.See question
Thinking about filing chapter 7 bankruptcy. But I owe money to the described toll road. Wondering what result.
Benjamin Heston's practical suggestion is the best approach. There is no published opinion that supports the position that toll road fees are non-dischargeable. Quite a few years back, in a non-published memorandum, Judge Jame Barr of the Santa Ana Division of the Central District of California came to the conclusion that such assessments were non-dischargeable. But since the memorandum was not published nor was it an appellate decision, it did not constitute a precedent that could be cited as controlling authority. It was binding only in Judge Barr's courtroom. Judge Bar retired from the bench in 2006. He's in great health and enjoying retirement. I know because we recently met for lunch. I doubt that he gives the car pool lanes fees much thought, and the decision is no longer a concern since his courtroom assignment has long since been filled by another judge, who has never opined on the subject.See question
The California statute website says it's $4800, but I've also seen $5100 floated around. How come the California statute website seems out of date? How can I find a place that has current authoritative information?
Actually, there are two differing amounts, the choice of which depends on whether you will be claiming a homestead exemption to protect equity in your residence. The amount is $5,100 if you do not claim the homestead, or $2,900 if you do claim the homestead. With the homestead in California ranging from a low of $75,000 for single individuals, all the way up to $175,000 for seniors, the disabled, and those persons age 55 or older with low income, clearly it is a potentially valuable exemption, which would take precedent for the homeowner with home equity. If you do not own your home, you would normally want to claim the $5,100 exemption available for a motor vehicle. To see all of the available exemptions, visit the website of the California Courts, at www.courts.ca.gov/documents/ej156.pdf.See question
my daughter was born in US as well
If you have met the requirements to establish legal residency in Peru, you may avail yourself of the laws of Peru to initiate a divorce. If I understand your question, your husband also is living in Peru, providing the courts of Peru with personal jurisdiction over both of you. I would strongly urge you to consult with a Peruvian attorney familiar with family law matters to verify whether you may proceed with a divorce in Peru, where you reside and which I assume would be most convenient and least costly.See question