California Bankruptcy Legal Questions

You can discharge debts related to a divorce/separation as long as they are not considered a domestic support obligation or owed to, or on behalf of,  the former spouse or child.  For example, if you are ordered to pay the attorney's fees of your (ex) spouse, those would not be dischargeable, at least not in a Chapter 7 case. However, any debt that is incurred without the intent to repay is subject to being determined to be not dischargeable if the creditor timely brings an objection, and prevails at trial in proving fraud. An experienced bankruptcy attorney can explain how to properly present these facts in the best light to the bankruptcy court.... Read More

It depends. The bankruptcy code provides that debts are not dischargeable if they are the result of "willful and malicious injury by the debtor to another entity or to the property of another entity." However, those debts will indeed be discharged if the creditor fails to file an adversary action. You should have an attorney help you with this.... Read More

You need to have your attorney assist you with this.  There's too much missing information to answer.  You should be able to do a Motion to Suspend/Modify your plan payments, but it depends on how your plan was set up to begin with (what the liquidation analysis shows, what percentage you're paying, etc.).  Is B of A your mortgage lender?   Are you paying them through your Plan, or outside?  Has anyone filed a Motion to Dismiss or a Motion For Relief From Stay?  etc. etc. etc.  ... Read More

Unless the order dismissing your case contained a restriction on refiling, you should be able to file again. However you will only have the benefit of the automatic stay in your new case for 30 days unless you file a motion and have it granted prior to the expiration of that 30 days, to extend the stay. Otherwise after 30 days, your creditors will be able to commence or continue collection actions against you until you receive your discharge.  ... Read More

Your facts are very convoluted so it's difficult to answer your question. From your facts it seems like you filed a Chapter 13, then a Chapter 7, and then another Chapter 13, but you received a discharge in the Chapter 7 case.  Or did you convert your first Chapter 13 to a Chapter 7, and then file another Chapter 13?  What happened with the 2nd Chapter 13 case? Also, debts are not reaffirmed in a Chapter 13, so when you say you were forced to reaffirm, that doesn't make sense. It's also not clear what "issues" you expect arising from the death of your ex-husband.  Did he pass away after your Chapter 7 case was filed?  Were you separated or divorced prior? These all make a difference in analyzing your situation. In any event, the time periods that have to run for obtaining a discharge in a subsequently filed bankruptcy case can be found here: https://www.bklaw.com/bankruptcy-blog/2012/11/time-between-filing-bankruptcy/ You can always file a bankruptcy case earlier than the times set forth therein, but you won't be able to receive a discharge, which may or may not be a problem, depending on what you're trying to accomplish in the subsequent bankruptcy case and what issues you're trying to remedy.... Read More

Sorry to hear about the downturn. Bankruptcy is designed for just this type of situation. A Chapter 7 case should wipe out most, if not all, credit card obligations and other unsecured debt. And you can, in most instances, keep your house and cars. Contact a bankruptcy attorney near you for a free consult.... Read More

If you are referring to what happens to a debt when you file bankruptcy, it depends on the type of debt and how it was incurred.  If you're talking about a credit card debt, as long as the charges were not incurred through fraud (i.e. with no intent to repay) then it should be dischargeable in a bankruptcy case.   Your use of the word "dismiss" is very confusing, but I believe that answers the question I think you are asking. It is completely untrue that once a creditor turns over its account to a collection agency that the debt no longer exists.... Read More

I'm not going to call National Debt Relief a scam but I will say that I've had clients in debt relief programs that have paid a lot of money and their debts are higher than when they started. DEFINITELY, DO NOT TAKE OUT YOUR 401(k) MONEY UNTIL YOU'VE TALKED TO A BANKRUPTCY ATTORNEY. Bankruptcy can eliminate your debt or put you on a court ordered payment plan without sacrificing your retirement funds.... Read More

The answer depends upon the needs of the chapter 7 debtor. Is your goal to improve your credit score quickly, there are many things you can do which the most important is to pay all your new bills on time, and use any new credit very sparingly. To purse other goals you should really consult your lawyer.... Read More

Whether you can keep any assets in a bankruptcy case depends on the following factors: 1.  Which Chapter you file; 2.  The value of the asset 3.  What exemptions are available to you to protect those assets under applicable state or federal law. A comprehensive consultation with a bankruptcy attorney in your State will yield the answer to your question.... Read More