Or can he file for bankrupcy?

First, restitution is not dischargeable in a chapter 7 or a chapter 13 bankruptcy. Chapter 13 will not likely help to repay the restitution...

In chapter 7, if husband filed individual bk 5 years ago and now wife files chapter 7, how does previous filing affect her?

The prior case of husband will not affect the wife's filing now. The exemptions are available under either statutory scheme (California Code of...

Chapter 7 bankruptcy. When would assets acquired after the filing be deemed part of the bk and lost to the creditors? Example?

Section 541 of the Bankruptcy Code defines what property are demmed "property of the bankruptcy estate" and what is excluded. Under chapter 7,...

Yes, a bankruptcy can be filed while a criminal case is being investigated or pending. Even a conviction doesn't stop a bankruptcy from being...

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

I would recommend that you first hire the attorney that you want to have represent you in the bankruptcy case. Follow that attorney's advice, not...

Can I sell my primary residence condo without regard to my discharged bankruptcy?

As long as you listed your condo as an asset in the bankruptcy case, it was deemed "abandoned" by the trustee when your case closed. At that point...

Do Bankruptcy over rules foreclosure

I hope you had an attorney in your bankruptcy case. If not, you would not have received any valid advice about how this was going to work. If...

I now have an attorney to help me but I am barred. What can I do to help myself in a quick, timely manner?

If the attorney that you have hired doesn't practice bankruptcy in your district, hire one that does. Unless the court that ordered the "bar" (I...

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

There are 2 issues here. First, there may be a limitation period in the CA statutes that required that the perfection of a security interest in a...

They and there attorney in Tennessee want us to release the money levied by the sheriff. It is BK fraud as I see it. What to do?

First, in a no-asset case, the discharge applies to any claim that existed at the time the case was filed, regardless of whether that creditor was...