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Recent bankruptcy law questions

I am about to start divorce proceedings and it looks like I

I am about to start divorce proceedings and it looks like I am going to have to file for bankruptcy due to my husband's addiction and spending all of our money. We had to live on credit cards. Is this something to consider now? Also, I'm a single mom and my rent is going up in December from 1500 to 1875. How badly will this effect my ability to find a new apartment? I'm in California.

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Terry L.

Partner

Doctoral Degree

 
2,832 satisfied customers
I have a question about bankruptcy. Me and my husband lent

HelloI have a question about bankruptcy. Me and my husband lent my mother-in-law almost $4000 to pay for moving expenses and her first month rent on her apartment. She was in the process of selling her house at the time and would pay us back out of the money she got in the sale of the house. The house was on the market for a year before it sold. She finally sold it in May and pay us back the money she owed us. She is now having to file for bankruptcy. She met with a lawyer, in Maryland where she would be filing for bankruptcy and the lawyer informed her that if she filed there is a good chance that she would need to get the money back from us. We do not have that money in our checking account because it was used immediately to pay down a credit card. The money was borrowed and repaid, it was not a gift. Can you tell me if this is truly the case.

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legalg

Juris Doctorate

 
12,200 satisfied customers
Looking at my options to file ! : No. I was just doing

Looking at my options to file for bankruptcy!JA: The Bankruptcy Lawyer will need to help you with this. Have you consulted a lawyer yet?Customer: No. I was just doing research on it firstJA: Please tell me everything you can about this issue so the Bankruptcy Lawyer can help you best. Please give me a bit more information, so we can help you best.Customer: I have over 19,000 dollars in credit card debt, student loans, personal loans, I recently bought a house with my ex and I am no longer living there so I go a place I could not afford and started paying bills and using my credit cards for help, now I am struggling paying it back and falling behind on rent and car psymentsJA: OK. The Bankruptcy Lawyer will need to help you with this. Is there anything else important you think the Bankruptcy Lawyer should know?Customer: Like?JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Bankruptcy Lawyer about your situation and then connect you two.

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5,048 satisfied customers
Only please, again, hopefully, you are having a good Sunday!

For Barrister, only please,Hi again, hopefully, you are having a good Sunday! We wanted to get your advice one more time on the issue with the attorney in Houston for AMEX. We did speak with them, and they offered a "Temporary Payment Plan" which includes a confirmation letter of same, and a document for the "Agreed Judgement" as you explained to us. The payment plan is for 6 months at 350.00 per month, and at that time, the letter reads as follows: "American Express will reassess your financial situation after six (6) months to see if you have the ability to pay larger payments or pay the account in full". The balance claimed is $39,512.77 which includes the court fees. Okay, here is our question: By signing this agreement, does this preclude AMEX from ever settling for a smaller amount? As mentioned in our previous conversation, they offered a settlement that expired January 22, 2016 for $23,400.00. The payments were almost 1000.00 per month for 24 months. Of course we could not afford those payments. (FYI, when we mentioned this "settlement offer" from AMEX to the assistant at Degrasse & Rolnick, the attorneys for AMEX), she seemed surprised that we received the settlement offer). As mentioned to you previously, we need to get to another state to prepare for a complete move back. We have been renting there. We thought that by agreeing to this arrangement at this time, it would allow us 6 months before having to either declare BK, or figure out a way to repay the debt. We did submit a hardship letter to the assistant to the attorney, as requested by her, stating our situation. The letter stated that we do not own a home, as it was damaged beyond repair in a hurricane in 2008, nor any savings or retirement plan, and that our auto is 8 years old. She did say that she did not yet submit the hardship letter to AMEX. We find this interesting as she requested the letter in order to present to AMEX??? At any rate, does signing this letter with the stated amount of $39, 512.77 preclude us from ever settling for less??? Sorry for this lengthy epistle!! Thanks!

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

 
44,720 satisfied customers
My name is ***** ***** I have debt situation to ask advise

Hi My name is ***** ***** I have debt situation to ask advise aboutJA: Thanks. Can you give me any more details about your issue?Customer: Of course and thanks in advance Here we go: I own the house that is worth about $950k and mortgage is $760k I recently lost my business and can not keep up with payments My wife makes about $100k but after taxes it is not enough to pay mortgage, cars, insurance etc Additionally I have about $70k in credit cards debt Also I own condo outright (1 bedroom), its worth about $80k no and i have a tenant Lastly , we have about $250k in retirement accounts (IRA and 401k) We have two children and I am searching for work for 2 months and can not find anything (I have BS in Electrical Engineering) So my options are : bankruptcy (but I would probably loose condo) foreclosure (but i will loose equity) sell the house (but i can not keep up with payments) Do nothing (it means foreclosure) Sale the house (it takes time and my payments will be delayed) And finaly I was thinking to borrow money from 401k, pay off credit cards, sell the house and hopefully return money to 401k from equity and then rent something..... I am badly Screwed.......Any advise?JA: OK got it. Last thing — Bankruptcy Lawyers generally expect a deposit of about $18 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.

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Phillips Esq.

Attorney

Juris Doctor

 
16,566 satisfied customers
If I purchased my home with a land contract subject to the

If I purchased my home with a land contract subject to the current mortgage. The only stipulation was that I had to put the mortgage in my name by Jan 2017. Anyway, I am currently 30 days behind in payments as of April 1, 2016.My question is that if I do not pay April Rent/mtg what is the process timeline for the mortgage holder/landlord to evict me. I am planning on filing bankruptcy at the end of April. I would like to stay in the home till the end of June but I need to know my legal rights and the timeline/process for eviction in Oregon.

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Roger

Litigation Attorney

Doctoral Degree

 
32,814 satisfied customers
Our rent to own property has been included in the renters

Our rent to own property has been included in the renters bankruptcy. They have not paid us in 3 months we have served them with a eviction notice now they are state we have no right to evict them. How can that be?

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Phillips Esq.

Attorney

Juris Doctor

 
16,566 satisfied customers
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.

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Phillips Esq.

Attorney

Juris Doctor

 
16,566 satisfied customers
I need to get some information. I asked about this awhile

I need to get some information. I asked about this awhile ago but now the situation is real and I need some add'l info. My daughter and son in law recently filed a chapter 13 bankruptcy. I co-signed the auto loan for their car with my daughter several years ago. I was told that he worst that could happen to me was a potential late payment one time while they worked through the filing and the trustee payment set up. They were told by their attorney that this car loan MUST be included in the bankruptcy and paid by the trustee. I want/need to know if this is in fact true because I don't understand - they are allowed to pay their rent outside of the bankruptcy themselves, and they wanted to pay their own car loan as well. According to the Pennsylvania law for chapter 13 bankruptcy is it mandated that a car loan for a car being kept be included this way in the bankruptcy?

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DrakeLAW

Juris Doctorate

 
308 satisfied customers
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