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Recent bankruptcy law questions
I need help with Bankruptcy/Protecting myself from Fraud/consequences.
I need help with Bankruptcy/Protecting myself from Fraud/consequences.I was a stable homeowner and then became disabled, trying many things to get well. Finally one day I decided to take a leap, and live off my credit cards (based on a spiritual teacher's guidance). I hoped I would recover and gain energy to pay the debt off.A series of misfortunes occurred (my new home burned down while I was in Hawaii, so I stayed in Hawaii....). I focused on writing a book based in that setting and getting my health back.Now, I've maxed out my cards $100,000K of debt, much of it the past 6 months when I moved back to the mainland. I have a serious mental health issues and was unstable (moving from place to place) for nearly 2 years before securing housing/medication.I've paid back friends and family through Paypal using credit cards...large amounts, $2K at a time, sometimes. I've paid rent, groceries, travel, etc. (not jewelry or clothes).I have no real possessions of value and very little money....would like to find an alternative to bankruptcy but barely making it on a disability income (not currently able to work).Do you recommend Bankruptcy Chapter 13 (Colorado)? How do I protect myself from charges of fraud, being asked to pay it back, court stuff, etc? Judgements?I've considered changing my phone # ***** have not given my new mailing address, but is this irresponsible/problematic?What is the best most responsible way to handle this debt?Thank you.
Law Educator Esq. only please--------- to you. Since
Law Educator Esq. only please---------Hello to you.Since you have some expertise in bankruptcy you may be able to offer some helpful information. I am not planning on filing bankruptcy but have a few concerns and have not been able to come up with a reasonable decision:I have around $13,000 in credit card debit with charges me around $278 per month in interest alone.My SSDI disability monies prohibit me from ever being able to pay down the monies. I could possibly just pay the interest $278 per month year after year.A relative left my child around $10,000 and I am wondering if I use that to pay off the debt then I will not have any liquid money in the event of an emergency. Also, the money would not be there for my child's future.I had to previously default on a different credit card because my ex did not honor his obligation and my name was on that account. As a result no other credit cards will open new accounts to me due to my high debt to income ratio and previously default.A friend told me I should take half of my kid's money to pay down the credit card interest and then still have liquid. My thought is by lowering it down I still am not in a position to ever pay it off so it goes to nothing in the long run and continues to stick around requiring lower monthly ongoing payments.If I default then I tarnish my reputation more so and can't qualify for any other credit cards for upcoming problems or medical prepays that allow me to charge in advance and get medical insurance reimbursement. The one and only credit cards I have now has helped me a lot in many ways when the doctor bills me up front and then insurance reimburses 30 days later. I would not have enough cash in the bank to cover the medicine or procedure in the meanwhile.What seems like a wise option or even one I have not thought of.Many thanks...
I have to appear in court in the morning motion and
I have to appear in court in the morning for a motion and order on Supplemental Proceedings for a judgement that is 10 years old "College School books for myself". I am wondering what paperwork I need to bring and also, I net about $10,000 a year, my husbandis the main provider, however the original judgement date is before he filed for bankruptcy 6 years ago, is his income protected from garnishment? I am technically self employed, with no assets to my name, I didn't even know I was sued 10 years ago, for $200which of course now is $1900
My in-laws owe more the 25K in credit card debt. They rent
My in-laws owe more the 25K in credit card debt. They rent and live on just SS. There is one dependent daughter on SSI. They have no assets besides a car worth about $300. Can they just stop paying the credit cards and ignore any judgements that a debt collector might get against them? They are in their 90's so I don't want to put them through the stress of a bankruptcy hearing.
I have been pro se in a personal Chapter 7, Maryland, since
I have been pro se in a personal Chapter 7, Maryland, since 8/13. Two adversary complaints have been filed. There was a hearing yesterday about my motion to extend the response deadlines. I was clobbered; the judge gave me only an additional five days.I cannot afford legal representation.It became clear to me that I cannot afford to fund this litigation, whch will involve bringing witnesses to Marylandfrom Fl., where the two judgements were litigated. The issues are complex as to whether these jdgmnets are dischargeable.If I drop my bankruptcy petition now, will these adversaries get default judgements? Even without bankruptcy, I am temporarily 'judgvement proof'; there is no monmey nor wages to garnish. I have no assets.The adve4rsary complaints were filed by my brother who hhas unimited funds for litigation.If I drop the bankrptcy now, how long do I have to wait until I can refile?
Would my 86 yr old mother be judgement proof if I decided to
Would my 86 yr old mother be judgement proof if I decided to file chapter 7 bankruptcy?I signed my name to an elder care in home service for 24/7 care in the home for my dad after he was released from a rehab center. So for 2 and a half yrs. 200,000 from his savings was paid out for 24 hr care for my dad and mom who was and is suffering from short term memory loss. Dad passed away 5/31/13. We, my mother and I had to sign a new agreement because it was just service for her. Now the first and second agencies are threatening a civil suit citing my mother and I for not paying the remainder of 2 bills.The first one is for 9,000.00, second one is for 19,000.00. We just ran out of money throwing what was left in their accts at the bills. I was told to consider BK. Since she lives in a different city, I was told she would have to file too in that city. I would really like to avoid my mother having to go through this process considering her age. We bank at Wells Fargo and live in the state of North Carolina. She gets a federal pension, ss, and state retirement pension from husband which is deposited in WF.
I am a 66-year old federal employee who is going to retire
I am a 66-year old federal employee who is going to retire at the end of the year. I have about $120,000 in consumer debt which I am not going to be able to pay off before I retire. After I retire, all of my income will be in the form of pensions and social security benefits totaling about $10,000 per month. My only assets will be $120,000 in a tax-deferred federal savings plan (similar to a 401K) and $20,000 in my wife's spousal IRA. I would like to file Chapter 7 bankruptcy to discharge the $120,000 in debt. As I understand it all of my retirment assets and income should be exempt from creditors in the bankrupcy proceedings. My question is would the $10,000/month in pension and social security benefits prevent me from filing for Chapter 7 bankruptcy or is all that income disregarded in determining my eligibility to file?
I am a 72 year old woman that receives social security and
I am a 72 year old woman that receives social security and a small amount of money from my dead husbands pension, I owe about $60,000 on my home $40,000 in the original mortgage and $20,000 in a line of credit my home is worth between $90,000-$100,000. I also have couple of credits cards that I owe approximately $20,000. I currently work at a gas station and take home about $260 a week. It is getting to the point due to health issues I will no be able to work.I have heard there would be a way for me to file bankruptcy and wipe out all my debt mortgage, second mortgage and credit debt wiped and I would be able to keep my home and one car free and clear is this true ?? I live in the state of indiana and if true what form of bankruptcy would I be looking to file ??
My mom is 70 years old, and retired, living on social securityView more bankruptcy law questions
My mom is 70 years old, and retired, living on social security and a small pension. Income $1600/mo. She owns a home that is about 1600sq/ft. and has about $125k in equity in it. She has an old CitiBusiness card account that has a balance of about $11k on it from when she was in business, about 7 years ago. The business was a sole proprietorship run out of her home, and has been out of business for the last 5 years, with no assets. Can she be judgement proof to CitiBusiness card? The debt does not show up on her credit report as it is considered business debt, not personal. The only other assets she has are her car, a 95 Acura Integra valued at $1500 and household furnishings/clothing, less than $1k in value. If you could please let me know your opinion. Thank you!