I was told there is up to $70K but I cannot find any info on this. Where would I find his information
There are two sets of exemptions under California law which can be used by eligible debtors in bankruptcy. The first set falls under Section 703 of the California Code of Civil Procedure. The second set falls under Section 704 of the California Code of Civil procedure. You choose the set which best affords you the protection you need for the type of assets you have. There is a generous homestead exemption under the 704 series. For single debtors, that exemption is $75,000. See an attorney for specific advice - exemptions are complicated, and there are exceptions to the rules.See question
I plan on still making the payments as I have been.
Yes. You must include all debts you owe, to any person or entity, in Schedules D, E and F of your bankruptcy. Property you own, including cars subject to a car loan, also get disclosed in Schedule B and exempted (if possible) in Schedule C.See question
I have lived and worked in California for the past 15 years. Recently I had to close down my business because my debts have become to much and bankruptcy looks like my only option. I have accepted a job offer in Maryland and will be moving there i...
You can file bankruptcy wherever you have either lived or where your principal assets have been located for the majority of the 180 days preceding the filing of your bankruptcy. So once you have lived or your principal assets have been located in a new jurisdiction for 91 days, you will need to file there. If you will be filing a joint bankruptcy with your spouse and your spouse will continue to reside in California, you can file in California (in the bankruptcy division and district where she lives) even if you and your principal assets have been relocated to Maryland for more than 91 days.See question
I filed Ch7 with a Discharge date in 2013. In any event, my mortgage payment was not 'reaffirmed". My BK schedule/document states "Continue making regular monthly payments". If I decide to sell my home am I allowed to do so?
Yes, absolutely. Not having reaffirmed the debt just means you are not personally liable for the debt, but the mortgage still exists and would need to be paid out of the sale proceeds.See question
Should I declare bankruptcy now? But then my girlfriend will find out!
As the other attorneys have pointed out, now is the time to take advantage of the free consultation most reputable bankruptcy attorneys provide and sit down with an experienced attorney to find out if bankruptcy is right for you. A complete financial analysis is necessary before a determination can be made as to whether or not bankruptcy is right for you, and if so, which chapter to file and when to file.See question
I filed for bankruptcy a few years ago. I would like to determine what all was included in my bankruptcy.
You can download a copy by registering at Pacer here: www.pacer.gov
There is a per page fee.
I travel a lot, both domestically and internationally, for work. I am wondering what happens if for some reason I am unable to make it to the creditors hearing if my ch. 7 will get dismissed or proceed.
Normally what happens if you do not show up, the hearing will be rescheduled one time and one time only. If you don't make it to the rescheduled hearing, the trustee will normally seek dismissal. Once your case is filed you will know the date of your hearing so you should hopefully be able to plan around that date. If you know you will be unavailable, let the trustee know in advance of the hearing.See question
A personal loan agreement was signed by both parties last year and the loan is in default.
Yes, absolutely. Make sure you hire a company or person who is reputable and experienced.See question
I had a ch. 7 dismissed for failure to appear at 341 meeting. However, my creditors are back on me, and I need to refile. I understand the stay limitations and all that, but my question is this: I filed last time under the payment plan, but did...
Yes. Assuming you are ineligible for waiver of the court filing fee, you will need to pay the entire fee. You may be eligible to pay it to the court in installments.See question
As stated I owe the IRS debt and trying to make payments monthly, but very hard financially. $700 per month alone in IRS payments and they will not work with me on that payment. I now have other person debt due to my situation and quality of li...
Your situation presents complicated issues that only a detailed analysis by a reputable and experienced bankruptcy attorney can give. Whether you should file a Chapter 13 bankruptcy vs. a Chapter 7 depends on many factors, such as your income and ability to pay, whether the taxes are dischargeable, whether you have any non-exempt assets that might be seized by a Chapter 7 trustee and liquidated for the benefit of your creditors, and other factors. If you do file a Chapter 13 bankruptcy, how much you have to pay is also determined by a number of different factors, including whether any of the tax debt is secured, the value of your assets, and your ability to pay. Make an appointment with a reputable bankruptcy attorney to sort through the details and come up with a good plan for how to proceed.See question