New Mexico Bankruptcy Legal Questions

Perhaps you signed a personal guaranty of the debt incurred by the coporation.  Also, if the creditor filed suit to obtain a judgment and named you in the suit and you did not answer the suit, that could have resulted in a judgment lien against you personally.  The final option is that they filed the lien improperly.... Read Answer

In this set of circumstances, due to the fact that the couple is not married, the non-bankruptcy filing person of the comparable will be liable for all of the mortgage. Basically if two people on a house, and one file bankruptcy, that person walks away from the mortgage if they received a discharge and are no longer liable for any mortgage payments. The remaining person who has not file bankruptcy, now is required to pay all mortgage payments or file their own bankruptcy.   I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147... Read Answer

You have to wait 10 years in between filing for bankruptcy.               I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.      Tai Figueiredo Paralegal BOTELHO & ASSOCIATES, LLCAttorneys At Law www.massachusettslawyeronline.com126 Shove Street Unit 202 Fall River, MA 02724 Office:  888-269-0688FAX:    877-475-8147... Read Answer

First of all, your children are not liable for your debts. As far as discharging student loan debts in bankruptcy, you would have to prove that repaying them would constitute an "undue hardship" on you as that term is defined by applicable case law. In the Ninth Circuit, which includes New Mexico, this requires that you prove: 1. that you cannot maintain, based on current income and expenses, a 'minimal' standard of living for yourself and your dependents if forced to repay the loans;  2.  that additional circumstances exist indicating that this state of financial affairs is likely to persist for a significant portion of the repayment period of the student loans; and,3.  that you made good faith effort to repay the loans.    Another option is to file a Chapter 13 bankruptcy case and just pay what you can afford for 5 years; then file another Chapter 13 after that to prevent any collections actions by the student loan agency. You should start by having a consultation with a bankruptcy attorney in your area to explore your options and see what you're eligible for. Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.  ... Read Answer

Which assets are protected (exempt) in a chapter 7 bankruptcy case depends first on which state or federal law applies in your case, which is determined by where you resided for the 2 years prior to filing your bankruptcy case or, if you lived in more than 1 state during that period, in the state where you resided for the greater part of the 180 days prior to that 2 year period.  The next step is to determine what assets you have, and what their realizable values are and then see if there are sufficient exemptions to protect them under applicable law. You need to have a consultation with a qualified bankrupty lawyer in your area for more specifics. Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.  ... Read Answer

Yes, but it may be very difficult because there are appearances that must be made at the bankruptcy court.  Additionally, it may be difficult to find an attorney interested in taking your case, and the bankruptcy courts and code are very complex.  It might be a good idea to contact the attorney who represented you in your case to see if he/she knows any attorneys who might be able to assist you in filing for bankruptcy.  This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read Answer

Yes, you can file bankruptcy by yourself.  Your husband's income, expenses, and any community assets and debts will need to be included and will factor into your budget analysis and which chapter you should file. Mark J. Markus, Attorney at LawCertified Bankruptcy Law Specialist--State Bar of California Board of Legal SpecializationHandling exclusively bankruptcy law cases in California since 1991.http://www.bklaw.com/bankruptcy blog: http://www.bklaw.com/bankruptcy-blog/Follow Me on Twitter:  @bklawr  ... Read Answer

I don't see a question anywhere in your post, but what you are proposing to do is acceptable to many bankruptcy courts in this country.  You need to have a consultation with a qualified bankruptcy attorney in your area for more details. Mark J. Markus, Attorney at LawCertified Bankruptcy Law Specialist--State Bar of California Board of Legal SpecializationHandling exclusively bankruptcy law cases in California since 1991.http://www.bklaw.com/bankruptcy blog: http://www.bklaw.com/bankruptcy-blog/Follow Me on Twitter:  @bklawr  ... Read Answer

If she committed fraud or theft, then those are bases to have the discharge of her debt denied in a Chapter 7 case.  You need to file a complaint objecting to the discharge of the debt in the bankruptcy court case and go through a trial to establish the required elements.  You will likely need an attorney for that.   There are strict deadlines for bringing the Complaint, and they are stated on the notice of commencement of case you should have received. The above does not "get you" the $20,000 back, but merely gives you the right to continue trying to collect on it pursuant to the laws of the state where she lives  (e.g. filing a lawsuit, getting a judgment, garnishing wages, etc.) If there are assets being distributed in this Chapter 7 (which is unusual, but could happen), then you should be sure to file a proof of claim for the amount owed to you so you can share in any distribution from the Trustee. Mark J. Markus, Attorney at Law Handling exclusively bankruptcy law cases in California since 1991. http://www.bklaw.com/ bankruptcy blog: http://www.bklaw.com/bankruptcy-blog/ Follow Me on Twitter:  @bklawr ... Read Answer

First of all, when you say you did not "include" your car, I don't know what you mean.  Failure to list assets and debts are grounds for denial of your discharge, as well as possible criminal prosecution.  So I really hope that's not what you meant.  If it is, you should amend your schedules immediately. That having been said, as long as you didn't enter into a reaffirmation agreement with your vehicle's creditor and you receive a discharge in your case, then you will not owe anything further if you give your car back. The above also assumes this was a Chapter 7 case, although you didn't provide that information.  Chapter 7 and 11 would be somewhat different. Mark J. Markus, Attorney at Law Handling exclusively bankruptcy law cases in California since 1991. http://www.bklaw.com/ bankruptcy blog: http://bklaw.com/bankruptcy-blog/ Follow Me on Twitter:  @bklawr ... Read Answer