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Recent bankruptcy law questions
I was off 3rd time 6 months ago.My car is 8
I was laid off for the 3rd time 6 months ago.My car is 8 years old and paid off. I live rent free with relatives. I'm in my early 30s. I have around $18K in credit card debt, all consumer debt. I'm almost out of my savings to make the minimum payments on my cards. I paid for March but April will be tough. Unemployment ran out a few weeks ago. I was thinking bankruptcy might be my only way out. My last salary was $45K. I graduated from college and my student loans are paid off. No children or husband.What should I do, what are my options?
We are considering filing Chapter 7 Bankruptcy. My wife had
We are considering filing Chapter 7 Bankruptcy. My wife had a good paying job until May 2014 and was laid off. She received one years severance. When that ran out she filed for unemployment (much less than her former salary) and that will run out in onemonth. She has consistently and diligently looked to find work in her field but not no avail. I have a 39,000 per year job at a public University and will be raised to either 41 or 44,000 in the next couple months. But when her unemployment runs out, basedon my income alone, we would make less than the median income (I believe) in the State of Idaho and that leads me to believe we could file for Chapter 7. I have some questions though. 1) We considered Chapter 13 when she first got her severance in 2014 (Ihad been out of work over 2 years and we are deep in debt) but ultimately decided we wanted to wait - her job was in banking, and she didn't want to jeopardize future employment in banking. Is it OK to file chapter 7 immediately after her unemployment runsout, when we will first be under the median income, or do we have to wait? 2) We took about 70,000 in IRA withdrawals over the last two years. We were trying to be in a better position- if she got a job - to avoid bankruptcy. Does this matter if we made recentIRA withdrawals? There will only be about 20,000 left in her IRA when we file, if we do. 3) We owe / will owe federal and state taxes as a result of those withdrawals. I understand these will not be liquidated or forgiven, but do we work with the BankruptcyLawyer to arrange payment or is that outside of the bankruptcy? 4) I have income reduced student loan payments that will be forgiven in 9 years if I keep the job at the University I have (public service forgiveness). I know student loan debt is not dischargedbut does bankruptcy impact the arrangement? 5) Here is the biggest concern I have -- will they say that my wife should take a low paying job to get us past the median income threshold so we can;t file for Chapter 7? She does not want to do that, and I don'twant her to. Part two of this question, if she takes a job after we file, how does that impact the bankruptcy? I'd like the most detailed answers possible and am OK with paying a higher fee for it. I'll have follow ups. Please only take this question if youare willing to converse a bit.
EDD is trying to collect the postposition interest and penalties
EDD is trying to collect the postposition interest and penalties in prepetition UI tax estimated liability for years 1992 and 1993 (UI tax employers portion is dischargeable in bankruptcy IN RE HANSEN resent 2013 and IN RE NDOSI from 1980th )On Oct 19, 1995 I filed for bankruptcy.The Creditor EDD was listed and was served, the amount listed was over $3000.00 based on initial liability demand, but the actual assessment was issued on Oct 30 1995 was under $600. EDD did not file a claim.Long story short I did not her from them for 16 years at all. My last meeting with them was in March 1996. They told me that they will let me know if I need to review with upper management and they will let me know..... For 16 years I though it was closed.in Sept 2011 they served a EWOT letter to my employer at that time.I was able to stop the garnishment at that time and started investigating what is this all about. Apparently nothing was done about my case it was never resolved, case forwarded to EDD BK group for handling etc.... I learned that they filed a post petition lien on April 1996 on prepetition debt etc... it will be 20 years old in 2016.They off set my tax return in 2013 for about $600 and they just served another EWOT to my current employer for $2300 which is entirely post petition interest and penalties. .I tried to reopen BK case to address the discharge of this debt - they denied re-opening as the case is too 20 years old now. I am in proses of appeal now and my question is about post petition interest and penalties on pre petition tax liability. Is my understanding of 11usa 502 (b)(2) correct, that it is flat prohibited to collect post petition interest and penalties? I also found couple of caseshttps://www.law.cornell.edu/uscode/text/11/502http://openjurist.org/998/f2d/756/del-mission-limited-state-of-california-state-board-of-equalization-v-s-taxelhttp://openjurist.org/650/f2d/192/petite-auberge-village-inc-stodd-v-state-of-california-employment-development-departmentI do not have an attorney (there is no money in my case), I represent myself but it is written in a way that is very difficult to understand and English is my 2nd language...can I please get some help on interpretation of the law and cases if this is something that I can use to stop the garnishment.The other question is - Do we have a corrupted Courts and Governmental agencies in CA?Thank you RY
I am a co-signer to a car loan daughter and son in law
I am a co-signer to a car loan for my daughter and son in law that reside in Spokane. They purchased a Saturn in May 2007 and financed the price. Do to unemployment they were not able to make all payments on the loan. They went to an attorney and filed for bankruptcy. The court set up a payment plan for all their declared debts and they were paid according to that settlement which was completed in 2013. I am receiving collection letters and phone calls from Ally Asset Recovery Center as co-signer of that loan. They request that I send a reduced amount of $4409 on that loan. I am of the belief I do not owe anything because that debt was settled through bankruptcy. Also I am retired and on Social Security and could not make that kind of payment to them. I would like to know my obligation and the law requirements as co-signer on that loan.
I live in the Austin Texas area. I was off in Jan thisView more bankruptcy law questions
I live in the Austin Texas area. I was laid off in Jan this year, I have debts. my unemployment will run out the end of this month. I hope to be granted an extention. I have small suits being initiated. I think personal bankruptcy may be my answer. I do not want to lose my home or vehicle, or go to debtors prison (jk). My funds are limited obviously and no job prospects despite the effort to do so. I am 60 years old and I cannot get even a first interview to sell myself. How can I get an affordable atty to help me do the bankruptcy? It will just be one more debt I cannot pay. Are there options for someone like me? My credit score was amazing years ago!