I filed a 13 in 2009 and then switched it over to a 7 in 2013 I think. I am needing to file again. Can I file a 7 or which date do I reference the original filing date. Please help
I hope this link takes you to a user guide on filing again. www.avvo.com/legal-guides/ugc/can-i-file-bankruptcy-if-i-have-filed-beforeSee question
Thinking about filing and will use a lawyer. But just doing a little research and I know I have to use 704 system because of home equity. Just want to make sure know issues with my retirement account (as there is a good amount in there). I also ha...
For starters, if you own a home with substantial equity (more than about $25,000) you will need to utilize the 704 exemptions. To answer your question, you should look at Calif. Code of Civil Procedure 704.115(a)(1) for the retirement and 704.160 for the workers comp. In my 23 years I have never had a chapter 7 trustee contest the exemption of a workers comp claim so I think you'll be OK on that.See question
If a married couple filed for bankruptcy during the marriage but during their dissolution he claimed that they were separated during that time, obviously for a lower alimony and separation of assets, and he receives that judgment, due to better c...
You are entitled to a joint bankruptcy if you are married. That means people who are separated but not technically divorced can file a joint bankruptcy. This does not sound like bankruptcy fraud unless you (or someone) can show being together vs. separated would have changed the result in the bankruptcy in some way. You might use the statements made by him in the bankruptcy to show the separation occurred after the bankruptcy. Note: by signing the bankruptcy papers the information is as much a statement by him as it is by you. Hope this helps.See question
My landlord and I went to court, and settled. We completed a UD-115 (Stipulation for Entry of Judgment). We chose item 6b which states that "a judgment would only be entered upon default of the payment of amount in 2i or payment plan in 5a". 2 ...
It sounds like the landlord violated the bankruptcy stay if he/she did not have an unlawful detainer (eviction) judgment at the time of bankruptcy. I suggest that you take a look at bankruptcy code section 362(b)(22).See question
So, wife is not filing the bk, but they are married. She (along with siblings) inherited a portion of real property out of state. Value of her share is about 30k. Now husband wants to file an individual chapter 7. Can the trustee liquidate this p...
When a married person files chapter 7, any separate property of the non-filing spouse is beyond the reach of the court. Inheritance is separate property as it is not commingled with martial assets. Sounds like the husband should be able to file chapter 7 but I suggest having an experienced lawyer go over all the documents.See question
Defaulted on close to 28k worth of debt Credit card: $3500 Car loan: 8000 Secured loan 3600 Private student loan: 1900 Medical bills: 4000 Payday loans: 2400 Installment loan through payday loan company: 3600 Directv: 1000 I'm recently un...
Chapter 7 is the most common type of bankruptcy. Qualifying for chapter 7 involves several tests (income/expenses, assets) and requires an attorney to review your situation in detail. That said, you appear to be a candidate for chapter 7. Do not take legal advice from the car loan place.See question
My sister is in the middle of a chapter 7. She wants to see if she can apply and get a credit card.
Many lenders are willing to lend money to people shortly after filing bankruptcy. Taking a new credit card is not a basis to deny or dismiss a chapter 7. Often people take small cards to help rebuild credit.See question
There is a Bankruptcy 13 plan confirmation hearing in coming weeks/month. But there is also a parallel Adversary proceeding (AP) filed with allegations of fraud in the same federal bankruptcy court which is related the bankruptcy 13 filing. The AP...
Appeals move slowly and are usually heard by a panel of judges. The appeal will be limited to issues raised in the appeal and additional evidence or information is generally not considered. The underlying chapter 13 will go forward in most cases unless there is a stay pending appeal which is a court order stopping the underlying case during the appeal process.See question
Went to 341 meeting its it's been one month still waiting. When is it safe to get a second job without putting my bankruptsy in danger do I wait till I get my discharge papers?
The system looks at your income for the 6 months prior to filing to determine whether you are qualified for chapter 7. At this point, you have filed and attended your hearing so you are free to take a second job.See question
I filed in 2010 but it wasn't discharged until 2012. If I was forced to file again I'm thinking it would be 7 years from the previous filing date and not from the discharge date.
The rule is that you need to wait 8 years from the date of filing chapter 7 to file another chapter 7. You are entitled to file chapter 13 6 years after the filing of your chapter 7 so that is available now. I wrote a legal guide on this for AVVO.See question