How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask WALLSTREETESQ Your Own Question

WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 16142
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
16356563
Type Your Bankruptcy Law Question Here...
WALLSTREETESQ is online now
A new question is answered every 9 seconds

I am considering filing bancruptcy, however I want to be able

Resolved Question:

I am considering filing bancruptcy, however I want to be able to keep my vehicle (which I am still paying on). I went through a nasty divorce and am unemployed survivng solely on alimony and childsupoort. What is my best course of action
Submitted: 2 years ago.
Category: Bankruptcy Law
Expert:  WALLSTREETESQ replied 2 years ago.

WALLSTREETESQ :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification

WALLSTREETESQ :

Does the car have any equity?

WALLSTREETESQ :

Is it financed or leased?

WALLSTREETESQ :

Personal Property


60-2304 - Motor vehicle up to $20,000 (no limit if equipped or designed for a disabled person); clothing to last 1 year; household equipment and furnishings; food and fuel to last 1 year; jewelry and articles of adornment up to $1,000; burial plot.

WALLSTREETESQ :

Under the law in Kansas, the law allows you to exempt up to $20,000 worth of equity in your personal vehicle,

WALLSTREETESQ :

so if the car is worth less then $20,000 you can file a chapter 7, and continue to make payments and keep the car.

WALLSTREETESQ :

If you have any further questions please do not hesitate to ask

WALLSTREETESQ :

If satisfied please press the accept button so we can receive credit

Customer:

ok, thank you. The vehicle is worth probably 11,000. I owe 6000 on it still. I was a stay-st-home mom when the divorce took place, and I was putting myself through school. I still have not found work that would allow me to have a disposable income over daycare for my two small children. I have no real assets, the home my husband and i shared was only in his name and has since gone into foreclosure.

Customer:

Can I follow the steps to file bankruptcy without an attorney sinc I can not afford one?

WALLSTREETESQ :

Their is $5000 in equity, so under the rules in Kansas, you will have no issue in keeping the car

WALLSTREETESQ :

You can do this, I would suggest using a paralegal service or online petition service,

Customer:

Great, thats what I was worried about, it is my only form of transportation for 4 children

WALLSTREETESQ :

they will charge $200 or less the complete a basic chapter 7 petition,

WALLSTREETESQ :

You can find these services online,

WALLSTREETESQ :

legazoom is a good one and their are many others as well.

WALLSTREETESQ :

Doing it yourself, is difficult and time consuming, but it can be done

Customer:

Another question I have is that many of my original debts have been sold, again and again. When I file, do I file to include the original creditor?

WALLSTREETESQ :

you would list all the creditors if possible the original and new collection agency or creditor, so their is no issue

Customer:

I dont mind doing the work, it;s the cost that I am concerned about. Ok so if I file and include all the known debt collectors, what happens if it is since been sold, once again. Does the bankruptcy cover it as well?

WALLSTREETESQ :

it will cover it, but it is best to now run a credit report and copy the creditors listed their,

Customer:

ok thank you so much. One final question, I am remarrying and I want to know if my bankruptcy will affect my new husband at all

WALLSTREETESQ :

you can look at the link above, which is a complete sample of a completed chapter 7

WALLSTREETESQ :

You should file before you are remarried, as if you are married, his income will be part of your bankruptcy petition,

Customer:

Will they be able to take his paycheck?

WALLSTREETESQ :

no, his credit is not an issue, not will he be liable,

Customer:

Thank you so much! You've been great help.

WALLSTREETESQ :

good luck,

Customer:

thank you, XXXXX XXXXX need it!

WALLSTREETESQ :

his income will only be an issue in your chapter 7, as they go by household income,

WALLSTREETESQ :

and if he has significant income, it may stop you from filing a chapter 7

WALLSTREETESQ :

If you have any further questions please do not hesitate to ask

WALLSTREETESQ :

If satisfied please press the accept button so we can receive credit

Customer:

oh he's enlisted military. He does not make a great deal of money....sadly.

Customer:

Thanks again! I will look for you again if I have more questions

WALLSTREETESQ :

that is fine then

WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 16142
Experience: 14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
WALLSTREETESQ and 3 other Bankruptcy Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • FiveStarLaw

    Attorney

    Satisfied Customers:

    3203
    Bankruptcy Lawyer. Experienced.
< Last | Next >
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    3203
    Bankruptcy Lawyer. Experienced.
  • http://ww2.justanswer.com/uploads/TL/tleeders/2012-6-13_204815_TSL1.64x64.jpg Terry L.'s Avatar

    Terry L.

    Attorney

    Satisfied Customers:

    2204
    Better Business Bur 15yrs bankruptcy experience. Chicago Bar
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    950
    B.A.; M.B.A.; J.D.
  • http://ww2.justanswer.com/uploads/CO/cortrightlaw/2011-12-5_4117_Kevin.64x64.JPG cortrightlaw's Avatar

    cortrightlaw

    Attorney

    Satisfied Customers:

    490
    Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.
  • http://ww2.justanswer.com/uploads/Jay1968/2006-12-03_004423_JoeRossPhoto.jpg JoeLawyer's Avatar

    JoeLawyer

    Attorney

    Satisfied Customers:

    376
    Attorney in the practice of Bankruptcy Law since 1996
  • http://ww2.justanswer.com/uploads/DY/Dylatess/2012-9-11_1968_BHBTemplePhoto.64x64.jpg dylatess's Avatar

    dylatess

    Attorney

    Satisfied Customers:

    370
    35 plus years of experience specializing in bankruptcy law
  • http://ww2.justanswer.com/uploads/US/USLawAnswers/2012-9-20_23143_20090105211638Headshot3b.64x64.jpg Brent Blanchard's Avatar

    Brent Blanchard

    Bankruptcy Attorney

    Satisfied Customers:

    315
    Twelve years experience in all aspects of debtor & creditor BK.
 
 
 

Related Bankruptcy Law Questions