Bankruptcy Legal Questions

Yes, if you file bankruptcy it will stop the lawsuit process.  The credit counseling requirement says that you must take a course  within 180 days prior to filing the bankruptcy case.  What that means is that the certificate is good for 6 months after you take the course.  It does not mean you have to spend 180 days in credit counseling.  The course usually takes an hour or so to complete. Whether you should rush to file bankruptcy, or file a response to the Summons, and which Chapter of bankruptcy you are eligible for and whether it would be your best option, can only be determined after having a comprehensive consultation with a qualified bankruptcy attorney in your State.  I strongly suggest scheduling a consultation appointment to go over your options.  ... Read Answer

Bankruptcy can at least temporarily stop the foreclosure if filed by the current owner of the property.  The HOA lien would need to be dealt with somehow and there are different options for doing that depending on the specific facts involved.  You mention that your father owned stock in the "Co op" (which I assume means condominum).  That implies that the condominium is owned by a corporation or LLC. In that case you would be talking about a Chapter 11 case for the corporation. You should have a consultation with an experienced bankruptcy attorney in the  area where the property is located.... Read Answer

Here in the Central District of California you can file a Motion to Modify Your Plan or Suspend Plan payments.   Has the Trustee already filed a Motion to Dismiss your case?  If so, you must also respond to that.  You need to discuss all this with your bankruptcy attorney as they are in the best position to advise you on how to catch up on your payments.   It depends on what your budget is, what your plan percentage is, and other factors.... Read Answer

The first step is to have a consultation with a bankruptcy attorney in your state.   If you have no assets and SSI is your only income,  you are judgment-proof and probably do not need to file bankruptcy, although you can if you want to avoid the annoying phone calls and collection attempts. I offer free initial phone consultations if you are interested.... Read Answer

It is possible.  It will depend upon the value of your silent interest as well as a number of other factors such as what type of bankruptcy chapter you file under,  what other assets you possess, how much income you derive from the llc, etc.  My personal focus is on bankruptcy and I would be happy to answer further, however I need more details.  Feel free to contact us.... Read Answer

There are potentially serious ramfications for mishandling a bankruptcy filing.  But you can file on your own if you wish. Here's what you need to know if you wish to represent yourself in a bankruptcy case:  https://www.bklaw.com/bankruptcy-blog/2015/03/how-to-file-bankruptcy-without-an-attorney/ Here's some thoughts on why you need a bankruptcy attorney: https://www.bklaw.com/bankruptcy-blog/2011/08/need-attorney-file-bankruptcy/  ... Read Answer

Bankruptcy is definitely an option you should explore.  If you own two properties with equity there may be  too much to protect and you might need to do a Chapter 13 case, but there's no way to evalute your options in this forum.  You should have a consultation with an experienced bankruptcy attorney in your State to go over everything with you.  ... Read Answer

An Earnings Withholding Order is a directive to your employer to withhold the required amount from your paycheck and send it to the judgment creditor.   Typically this is 25% of your net pay.  You can file bankruptcy anytime and it will stop any future garnishments, but you usually cannot get back what is already taken prior to filing your bankruptcy. Make sure you hire an experienced bankruptcy attorney to represent you.... Read Answer

This is way too involved to address in a forum like this.  You need to have a consultation with an experienced bankruptcy attorney, or a civil litigation attorney (depending on what you are trying to accomplish--see below) in your area.    Relevant information a bankruptcy attorney will want to know is:  Was this debt listed in your bankruptcy papers?  Was this judgment entered before or after the Chapter 7 case was filed?  Did the creditor obtain an order declaring the debt to be non-dischargeable?  Is there a lien against any real estate?  If so, when was the lien recorded in relation to the bankruptcy filing? If you are merely seeking to vacate the judgment, that would have to be done in the court in which the judgment was entered, and if it was over 6 years ago, I can't imagine that you are within the statute of limitations for doing so. Anyway, if your bankruptcy case was filed in the Greater Los Angeles Area, feel free to contact me for a consultation to go over your bankruptcy options.... Read Answer

Whether you should file bankruptcy or debt consolidation depends on your particular situation.     Once I know more about your income, debts, expenses and assets, then I could better advise you of your options.   Please feel free to call or email me if you have further questions or wish to discuss your situation in detail.  ... Read Answer

Eligibility to file bankruptcy varies depending on which Chapter you are filing and many other factors.   Income is certainly one factor.  In order to be eligible for a Chapter 7 case you must "pass" the means test and also the current income/expense test.   As far as your assets, you must include all your assets and all your debts in any bankruptcy case.  Whether those assets would be at risk depends again on which Chapter you are filing, how much equity is in them, what exemptions you have under applicable law, and other factors.   The only way to determine your options, eligibility, risks and benefits is to have a consultation with an experienced bankruptcy attorney in your state.  Most bankruptcy attorneys offer free initial consultations as do I.... Read Answer

As long as the accident was not caused by you being intoxicated while driving a motor vehicle, the debt should be dischargeable in bankruptcy. Whether bankruptcy is your best option or not can only be determined after having a comprehensive consultation with a bankruptcy attorney. You should take advantage of free initial consultations offered by most attorneys.... Read Answer

That is actually a complex question.  However, and this is very simplified, Chapter 7 is a complete liquidation of almost all your assets, but, in a fairly short time, you are completely free of most types of debt.  Chapter 13 is basically a reduction of your debts coupled with a payment plan of a few years. Most people will NOT qualify for Chapter 7 based on what is called a "means test" that is applied to determine eligibility.... Read Answer