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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 13135
Experience:  B.A.; M.B.A.; J.D.
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Hi, I received a proof of service by mail, its a complain

Resolved Question:

Hi,
I received a proof of service by mail, its a complain from a credit card company . i have not been served and no trial date has been set yet. Should i must attend to the trial? Unfortunatilly i am thinking about bankrupcy option
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  Phillips Esq. replied 5 years ago.

It is not mandatory that you be present at the hearing. However, if you do not show, a default judgment may be entered against you.

 

If you file for bankruptcy protection, you would need to provide the Court with a notice of your bankruptcy filing so that your case can be suspended pending your discharge in bankruptcy. If your bankruptcy case is successful--that is if you are granted a discharge, your Court case would be dismissed. You would no longer owe the credit card company.

Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 13135
Experience: B.A.; M.B.A.; J.D.
Phillips Esq. and other Bankruptcy Law Specialists are ready to help you
Customer: replied 5 years ago.

I dont know what i can propose to the credit card company this is why i asked you about my presence on that date. It's this coming Tuesday and i dont think that i will have time to filled for bankruptcy until then.... what do you suggest?

 

Expert:  Phillips Esq. replied 5 years ago.

 

When was the last time you paid the debt? Is it possible that the debt might have passed Statute of Limitations on debts in California, which is 4 years? This period starts to run when you stopped making the payments. You do not pay debts that have passed Statute of Limitations and any lawsuit filed to collect on the debts must be defended first and foremost on the ground that Statute of Limitations has run on the debts and thus the credit card company is prohibited from filing a lawsuit on the debts.

 

You do not have to offer anything to the credit card company. There is no point in making an offer just for them to go away if you truly do not have any money to pay. Just tell the Court that you cannot pay and that you are about to file for bankruptcy protection and ask for the case to be continued for another 6 months, OR you may decide not to show up and start preparing for your bankruptcy case.

 

Nothing is going to happen right away as to wage garnishment, if you are currently employed. If the credit card company prevails and you do not pay the judgment, they must go back to Court to try to enforce the judgment by asking for the Court's permission to garnish your wages or levy your bank account. You would be given a notice of this hearing and the opportunity to tell the Court why your wage or bank account should not be garnished or levied.

 

Customer: replied 5 years ago.

i dont think that the debt have past the Statute. Our last payment was max one year ago.

i try to make settlement with them but they just want their money back (that its completely right!) they willing to lower to 20% the amount but i cannot afford it neither!

i am the owner of a coorporation and didnt make enought money this year to close all my bills ...this is the problem, i wish i was employed!

 

Expert:  Phillips Esq. replied 5 years ago.
Ok. Do not make any offers. You can show up or not show up for the hearing (most people do not show up). If you do show up, just tell the Court that you cannot offer to make any payment at this time because you do not have any money. Do not let the credit card company pressure you into making any payments at this time.
Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 13135
Experience: B.A.; M.B.A.; J.D.
Phillips Esq. and other Bankruptcy Law Specialists are ready to help you
Customer: replied 5 years ago.

thank you so much for your help!

 

can i ask you about bankcrupty advise?

I am married with a child, like i said owner of S coorporation. i dont my wife to suffer from my backrupcy too.

i owned a fourplex that is in short sale procedure right now

i lost already one house to foreclosure.

i owned approximatley $70000 max to credit card company

 

Customer: replied 5 years ago.

thank you for your help

 

i am married with one child. I dont want my wife to "suffer" from bankrupcy too. should i make a marriage contract with her before filling?

i am owner of S coorporation. I own a fourplex that is in short sale procedure right now

i lost one house to foreclosure already

and i own max $70 000 to credit card company

Whitch bankrupcy should i filled?

Expert:  Phillips Esq. replied 5 years ago.

Yes, you can ask bankruptcy question.

 

For a household of 3 people, your gross income should be $70,684.00 or less in order to file for a Chapter 7 bankruptcy protection. See further explanations below.

 

 

You might be eligible to file for a Chapter 7 bankruptcy relief if you meet the income guidelines for your household size in your state. If your income is equal to or less than the current income guidelines for your household size in your state, you may be eligible to file for a Chapter 7 bankruptcy all things being equal. In Chapter 7, if the Court grants you a discharge your debts will be wiped out. You would get a clean state, a fresh start.

 

 

These are the current income guidelines for the State of California:

Household of one person $49,182.00
Household of two persons $65,097.00
Household of three persons $70,684.00
Household of four persons $79,971.00
Add $6, 900.00 for each additional individual

 

 

The filling fee is $299.00. You may able to waive this filing fee if your income is 150% below the current poverty guidelines. Click here for current poverty guidelines:

 

http://www.uscourts.gov/bankruptcycourts/resources.html

 

 

You must receive budget and credit counseling from an approved credit counseling agency within 180 days before your bankruptcy case is filed. This means that if you are filing your bankruptcy case on Monday, you need to do the credit counseling on Sunday, the day before, not on Monday the day that you are filing for bankruptcy relief, and if you are filing your bankruptcy on Tuesday, you need to do your credit counseling by Monday and not on Tuesday, which is the day that you are for the bankruptcy relief. You cannot do the credit counseling the same day that you are filing for bankruptcy protection. The agency will review possible options available to you in credit counseling and assist you in reviewing your budget. Different agencies provide the counseling in-person, by telephone, or over the Internet.

 

It is usually a good idea for you to meet with an attorney before you receive the required credit counseling. Unlike a credit counselor, who cannot give legal advice, an attorney can provide counseling on whether bankruptcy is the best option. If bankruptcy is not the right answer for you, a good attorney will offer a range of other suggestions. The attorney can also provide you with a list of approved credit counseling agencies, or you can check the website for the United States Trustee Program office at

 

http://www.usdoj.gov/ust/eo/bapcpa/ccde/cc_approved.htm

 

 

After your case is filed, you must complete an approved course in personal finances. This course will take approximately two hours to complete. Your attorney can give you a list of organizations that provide approved courses, or you can check the website for the United States Trustee Program office at

 

http://www.usdoj.gov/ust/eo/bapcpa/ccde/de_approved.htm

 

 

You may also be able to waive the credit counseling fees based on your income. The credit counseling agency that you would choose would make this determination.

 


Consult a local bankruptcy attorney for further explanations of your rights and responsibilities.

 

 

The sites below are good resources for finding bankruptcy attorneys in your area:

 

http://www.nacba.org/

 

http://www.naca.net/

 

http://www.lawyers.com/

 

If you cannot afford an attorney, then the next best alternative will be to use bankruptcy petition preparer. Bankruptcy petition preparers prepare bankruptcy forms but they cannot give you legal advice because they are not attorneys. Click on the links below for some of the bankruptcy petition preparers. You can do some searches on Google or Yahoo if you do not like the ones on the links below.

http://www.bankruptcyseven.com/bk/


http://bridgeportbankruptcy.com/bridgeport/index.asp


http://usabankruptcyassociates.com/usabk/moreinfo.asp#wedo

 

 

Customer: replied 5 years ago.
what about a marriage contract should i do one to protect my wife?

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