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FloridaBKlawyer
FloridaBKlawyer, Attorney
Category: Bankruptcy Law
Satisfied Customers: 11
Experience:  I have over ten years of experience in corporate and individual bankruptcy.
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Hello my name is Dustin, I am 26 yrs old. I lost my construction/electrical

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Hello my name isXXXXX am 26 yrs old. I lost my construction/electrical job about 2 yrs. ago. I am currently unemployed and collect some food stamps. I do a few small odd jobs, but only make about $400 per yr. I live back with my parents and they support me.
I have one outstanding Chase credit card that I have maintained payments over the last five years, but now I cannot afford to make the payments. I want to try filing chapter 7 bankruptcy on my own. I was served a complaint and answered the complaint requesting that the Superior court of CA allow me to file with the bankruptcy court and let the BK court settle the matter. I also filed a fee wavier with Superior court of CA.
I then receive from Chase lawyers a copy of 'request for entry of default' looks like they are asking the court for their filing fees.($450) as a court judgement. Do I need to respond to this document? Please advise. Thank You, Dustin
Hello Dustin,

You want to get your bankruptcy filed, prior to the default being entered. You might want to amend your answer to the complaint to request an accounting. If you didn't dispute the debt in your answer, then the would ask for a default for the reason that the debt wasn't disputed. I hope this helps.
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Customer: replied 6 years ago.
Hello, RE: CA. Bankruptcy I do not own any Real property, but my Personal property adds up to $23,750.
The main reason for that is I own my mustang outright ($13,000 nada value) My father put me on the title of his Titan truck ( Dustin or Tom ) his truck ( $9,500 nada value) that is the $22,500 on my personal property, correct? My parents are also filing BK and he will have to claim his truck, isn't that like counting the value of his truck twice? We live in CA. I am unemployed, our family is on food stamps. I have my mustang up for sale right now and I have a few interested in it. What do I have to do if it sells during my BK proceedings, will I have to notify the court? Can I spend any of the monies from the sale for living expenses, or how does that play out? Thank you, Dustin
Does your father owe anything on his truck? If not then you have an issue. If both of your names are XXXXX XXXXX title, then I would list it on the schedules as having a 50% ownership interest so that would cut the value in half for each of you.
Customer: replied 6 years ago.
Nothing owing on the Titan, My father also owns his truck outright. Claiming 50% each on the Titan will be best ? The title is stating Dustin OR Tom not AND. Is that still O.K. to claim 50%? Thank You Dustin
It is kind of a luck of the draw. It truly depends on the trustee you get. You want to wait to see the outcome of your father before you file if possible or vis versa. You want to list 50% ownership on each instance and make sure you neither of you don't list your personal property to high. Remember they have to appraise and prove that your numbers are lower than market value. Sometimes what we think things may be worth are really a lot less. Take a look at your personal items and see what they sell for on ebay or at a pawn shop. A three year old TV you paid $1,000.00 for may only be worth $100.00. It is not what you purchase it for, it is what the market value is today. The market value of used items greatly varies. Make sure you list the mileage (if it helps you to a lower value) and every ding and dent, or issue with the car. If it needs brakes, list it, if it needs tires, say so. You get the point.
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