I have a foreclosure and wanted to know if I file a chapter 13, and don't qualify because of income being too low, can I file a chapter 7 and will I get another automatic stay?
If you file a 13, you should at least have an idea that you have sufficient income to fund a Chapter 13 Plan. If you cannot fund a 13 plan and cannot stay in Chapter 13, then you better move (vs. dismissal and refiling) is likely conversion to Chapter 7. You have a few moving parts here. You need seasoned counsel to help you.See question
My husband is on SSD, since Washington is a community property state I am liable for all of his debts we incurred while we were together. Do I need to have my husband on the bankruptcy since a good portion of the debt is his medical costs or debt...
You have a semi-complicated scenario. Your husband does not need to file with you. However, many clients in this situation elect to have the spouse file to remove some potential future annoyances such as collections calls, lawsuits, etc. directed toward the spouse. So, legally, the spouse does not need to file with you. Practically, the spouse may choose to do so. Your final decision should be made after consult with a seasoned attorney.See question
My friends wife got a final notice in the mail saying she owes money for an X-ray or ultra sound, she was billed for 3 dates she was billed for 2 in feb. and one in April? But she filled for bankruptcy in March? She called them and my 2payments al...
In a "no asset" case, she does not owe the debt for any services provided before she filed bankruptcy (assuming no fraud was involved, etc). The friend should speak with an attorney.See question
i have no money
If you have no money and no assets and nothing any creditor can take, you are "judgment proof", i.e., a judgment cannot harm you. Maybe you do not need to file now, if ever.
But, if you might lose assets to a garnishing creditor now or in the future, you might choose to file now to address that problem sooner vs. later.
So, bankruptcy is great for some, bad for some, and completely unnecessary for others. It depends on your circumstances.See question
My paycheck was garnished and I never received notification that I was being garnished. I called my hr department and they gave me info. It was an old landlord that sued me in small claims but I never paid. Can they still garnish me with out certi...
Here is a link to the Washington statute that shows what kind of notice you are supposed to receive - which includes a copy mailed to you at your last known address.
My wife and I got married 4 years ago and She had a big credit card debt before we got married. She has always paid the monthly payment on time and her credit is "good" because of that. She has her bills and I have mine and it has alwys been that ...
She can file bankruptcy. You do not have to file. When she files, she files for her and the marital community. All of her assets and the marital community assets are assets of the bk case. All of her debt and martial community debts are "included" in her bankruptcy. Usually, the non-filing spouse is not impacted by the other spouse filing. Exceptions to this would include scenarios where you - the marital community - have significant non-exempt assets. Most people do not have non-exempt assets, however.
SO, it is quite possible she can file and it will have no negative impact on you. BUT, you need to make sure you find very qualified counsel to "do it right".
Here is a link to an article I wrote on the subject that might be helpful. http://robert-russell.com/can-one-spouse-personally-liable-debts-incurred/See question
My husband and I have a trucking business (2 trucks) in 2012 we filed Chapter 13. Now 8 years after the purchase of the 2 trucks the Trustee says the trucks are paid 100%. The lien holder claims we still owe $16,000 and won't release our titles.
The Chapter 13 process you said how much you were going to pay them, at what interest rate and over what time period. If you received a Chapter 13 discharge, then you completed the plan and paid them their due. My guess is that they don't understand how the 13 process works. It is a violation of the "post-discharge injunction" for them to hold your title w/o right. Please check with qualified 13 counsel to make sure they were paid correctly under the plan. If so, recovery of the title "should" easily follow.See question
I am being garnished at work. The attny got a judgement against me for $4000 for a past credit card. The garnishment last only so long so she has to go back to court every few months and ask for another garnishment. I've called and gave my mail...
You can be garnished until the debt is paid, until you make a payment arrangement that stops garnishment, or until you file a bankruptcy. Each Writ of Garnishment should state the then-current balance due on the judgement. So, yes, that balance due does not go down as much as funds are garnished from you because you also pay the garnishment costs and fees. SO, at this point, yo might call them to make a deal or consider filing a bankruptcy since ti appear yo do not have the ability to pay the balance due in full now.See question
In chapter 13 and don't think we needed to be in one.
As a general rule, you have the absolute right to dismiss a Chapter 13 unless it is a dismissal in bad faith. You should speak with a qualified attorney on this matter.See question
I'm a single mom and low income. I need to file bankruptcy, but don't have the money to pay a lawyer.
You might check with the NW Justice Project. Then can also suggest other resources. See link below.