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Recent bankruptcy law 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?

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Roger

Litigation Attorney

Doctoral Degree

 
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I want to file for Bankruptcy lawyer but i am not able to afford

I want to file for Bankruptcy lawyer but i am not able to afford to pay so can make plan payment because i am still on SSI.

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TJ, Esq.

Juris Doctor (JD)

 
10,198 satisfied customers
I wondering if I should file bankruptcy.

I wondering if I should file bankruptcy.

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Phillips Esq.

Attorney

Juris Doctor

 
16,572 satisfied customers
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.

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Phillips Esq.

Attorney

Juris Doctor

 
16,572 satisfied customers
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 :)

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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?

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Phillips Esq.

Attorney

Juris Doctor

 
16,572 satisfied customers
Bankruptcy

Hi- My name isXXXXX separated from my husband (2nd marriage) about a month ago. I want to file bankruptcy for debt incurred prior to 2nd marriage that only my name is XXXXX XXXXX live in CA but have 1 single family home in NH that I haven't paid on since 2011 , interest rate of 12% or a monthly payment $4300/mo which, isn't in foreclosure. I bought it for $410,000 and it is worth today on Zillow for $350000. I applied multiple times for a loan modification all to no avail. I have only paid the $150 gas/$150 elec/$150 cable/ $80 mowing and $160 cleaning of that home. I also own a 3 family that I am current on and pay $2626/mo plus insurance $200/mo and hot water heater $25/mo. I bought it for $279000 , owe $259000 and Zillow lists it for $190000. I also owe back IRS taxes 2008, 2009, 2010 totaling $16000 and 2012 for $12000. I can't maintain property that far away plus I can't afford the single family home payment at all so, I just want a clean start. I also have a loan that covered closing costs on my single family home that is now listed as bad debt on my credit report for $12000. I pay medical/dental/term life and vision per month of $542.00 I want to keep my car $535/mo and insurance $200/mo. I also have a a student loan from 1996 when I graduated from a Master of Science program which is $8000, I pay $100.00 month. My rent is $2000 a month and elec 100/mo. I didn't work March April but started new job 5/21 this year and I was told by a friend that the last 6 months of income would be used to qualify me for bankruptcy. I would like to file ch 7. My current pay is $50.48 /hr but my ytd salary 5/21 through the end of Sept is $36966 or $6100 per month. My take home net pay is $2722/check paid every two weeks.My gross salary is $4044/check. My questions are (1) can I file chapter 7 or would I be forced to file chapter 13? CH 13 won't help as I can't afford to pay all the debt over a term of xx years, it wouldn't give me a clean start. (2) Do I need to legally separate or divorce or is our written agreement to separate fine? My spouse moved out and is staying with a friend and I now am taking over the rent and utilities.(3) How fast does bankruptcy happen if I went to a lawyer next week with all my documents and started the process? Lastly, (4) can you recommend a lawyer in the San Marcos or San Diego CA area and what would the average cost I could expect to pay for this service.

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Phillips Esq.

Attorney

Juris Doctor

 
16,572 satisfied customers
How do I go about self-filing for Bankruptcy? How long does

How do I go about self-filing for Bankruptcy? How long does the process take? Will BK filing reduce my Available Credit and/or Raise the APR on my Visa credit card? A.P. Mucundh

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Phillips Esq.

Attorney

Juris Doctor

 
16,572 satisfied customers
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?

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Phillips Esq.

Attorney

Juris Doctor

 
16,572 satisfied customers
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