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Recent Petition Preparer questions
Can one file Chapter 7 without having the entire petition prepared? Wife
Can one file Chapter 7 without having the entire petition prepared?Wife needs to file, but petition hasn't even been started (nor has an attorney been retained as we dont know if we are going to prepare it ourselves as it is pretty cut and dry). Can we file (or can someone file ) allowing us to cease all collection activities? Her car is about to get repossessed and it would be nice to get the BK filed before so it technically doesnt report as a repo.That doable?
I just recieved a letter from the san benardino county sheriffs
I just recieved a letter from the san benardino county sheriffs dept. Notice of levy under writ of execution (money judgement) on any and all accounts for a boat I voluntarily repossesed to the credit union 2008 because I was out of work for six months and could not afford the payments. It says "limited civil case". It says judgement entered on 5/30/2008. The notice was mailed to me 3/6/14. This was six years ago. I know I cant be sued because california law is four years. Is bancrupcty a good choice? This was filed in the county of los angeles in th city of pomona.
I apologize if I explained more than needed, I just want to
I apologize if I explained more than needed, I just want to give a clear picture of my situation.I am amending Schedule C. I am trying to figure out the difference between "value of claimed exemption," and "current value of property without deducting exemption." Is the "Value of claimed exemption" asking for the total amount of the exemption that the law permits, or is it asking for the value of the PROPERTY that I want to exempt? I am trying to figure out how to protect the following two propterties:2010 Ford F-150 Supercrew, and Tax Refund for 2013 Tax Year.The truck is jointly owned by my husband and myself. I have filed for Chapter 7 bankruptcy individually. My husband is not filing for bankruptcy. We OWE our creditor about $24,000 on the truck still. Kelly Blue Book says that the value of the truck is between $22,810 and $24,410. I am only wanting to protect MY PORTION of the property, which to my understanding is 50% of the Kelly Blue Book value / amount? I just need to figure out exactly how to write this on my Schedule C. (The judge has required me to use Federal Exemptions, due to specific details in my case.) I am wanting to protect $3675 using the Federal Vehicle code 522(d)(2), and I also want to use my Wildcard exemption code 522(d)(5), to protect the remainder $8325. This will protect $12,000 worth of my truck, is that correct? To my understanding, the trustee does not have any rights to my husbands "portion" of this asset-since my husband is not filing for bankruptcy, therefore, my vehicle would be entirely protected, right? I would also like to protect my portion of our 2013 tax return, which will be filed jointly with my husband. I am not employed and I have zero income. My husband is the only one employed and bringing in any income. We have two kids that we will be getting child tax credits for. One child is his biological son, the other is his step son. I understand that the trustee will have rights to 50% of our tax return unless I can exempt it. We are expecting $7769, so I am wanting to use the remainder of my Wildcard, (plus unused Homestead) to protect my portion of our tax return, (which I assume will be 50%.) I have $4400 left to use of my Wildcard exemption, and I am wanting to put it toward my 2013 tax return. Again, I am just trying to figure out HOW to write this on my Schedule C.. If you feel it is easier to copy and paste what I wrote, and just write your answer under each question- that might be quicker and less typing for you :)
In the state of Nevada. My husband was diagnosed with cancer
In the state of Nevada. My husband was diagnosed with cancer in 2007 at age 53. He has been on 100% disability since then. He continues to be monitored by Mayo Clinic where he received his surgery and follow-up treatment plan (chemo/radiation). We took out a second mtg. that is now at !00K for medical and living expenses. Our house was underwater and we qualified for a "Nevada's Hardest Hit" program and it reduced our first mtg by 50K.We applied for the 2nd Mtg relief program, which we were approved for, however, Quicken Loans (who services our 2nd, that is with Charles Schwab) told us "they do not participate in that program, so we lost out on being able to use that opportunity. I am 70 and retired with SS only. We have an 18 yr. old special needs son that we adopted in 2004 and he received SS on my husbands record. We cannot continue on our income with this 2nd hanging over our heads. It is not feasible for us to sell our home.Question: How can we get rid of the second mortgage?
I am currently in credit card debt and have no income or assets,
I am currently in credit card debt and have no income or assets, due to a failed business. Extending family members are attempting to help me to the best of their ability. Im trying to make payment arrangements with one creditor, it has gone to a collection attorney. The attorney is saying that the need a signed affidavit by my parents stating my financial hardships, that i am living with them rent free, etc.. basically that the are supporting me, which they are. Is this common? or it is a trap?
I am a consultant and I assist homeowners in foreclosure prevention.
I am a consultant and I assist homeowners in foreclosure prevention.Our office is in Ca and we charged a client $2500 for foreclosure prevention and $1500 for debt managementAdvised client to file a bk and they choose to do it pro per. My office retained a paralegal office to complete this. On Bk petition fees that my office charged was not disclosed.Now attorney for the bk court is requesting that we refund $2500 and $1500 plus $8000 in damages. Can they ask for the $2500 be refunded for foreclosure prevention?Also can the paralegal be prevented to continue doing paralegal service for not disclosing bk fees charged?
Just a court order being sued for a car that I returned. NevadaView more bankruptcy law questions
Just a court order being sued for a car that I returned. Nevada Pegasus went to Pacific credit exchange. I contact them when I got the notice and they said they never sent anything to me. So I just forgot about it. Now got this notice being sued. I don't have any money every cent I make is spoken for and in fact I only eat 2 meals I day sometimes and still short. the reason is i bought another vehicle and payments are $354. want to either do adr or file bankruptcy either chapter 7 or chapter 13. If I file chapter 7 do I do it against my new car loan? What should I do?