Washington Bankruptcy Legal Questions

In Idaho, an inheritance is generally the separate property of the recipient (as opposed to community property, which is within the reach of creditors of either spouse). Other states, of course, have different rules. You should consult with an experienced bankruptcy attorney in your area to determine what the law is there. Your wife might also consult with an estate planning attorney, or one who is knowledgeable about asset protection under the laws of your state.... Read More

As long as the property is in your name, you are liable for any damage caused on or because of the property. You are also liable for all post-petition HOA assessments. The problem is that you are barred from filing a Chapter 7 until 2019, so any judgment obtained against you could be executed against your property, bank account and wages. You could file a Chapter 13, but that would require paying all of your disposable income for up to five years.... Read More

It depends upon where you live and what other assets you own. Even though you have not yet received the funds, the refund is an asset in your case. Unless you can find and properly claim an appropriate exemption that will protect it, your tax refund will likely become an asset of your bankruptcy estate.... Read More

As of last July, Oregon residents are allowed a choice to use the federal bankruptcy exemptions or the state exemptions, whatever is best for you. The federal exemptions are far more generous in most cases, and it is quite likely that you would be able to use them to exempt your entire tax refund. The primary issue is how much equity you have in your home, since the homestead exemptions work differently in the state and federal rules. Only a lawyer can explain how the different rules would apply in your case.... Read More

Generally, any tax refund you receive, or have in your possession on or after the day you file bankruptcy is subject to turnover to the trustee. Many people wait to receive their refunds, and spend the money on necessities BEFORE they file the bankruptcy. However, one must be careful not to make voidable, preferential payments, which could backfire. It would be best to consult with an experienced bankruptcy attorney PRIOR to spending the refund, and PRIOR to filing bankruptcy, in order to minimize the potential for a problem.... Read More

You will not lose the tax refund to the extent that you can claim an exemption for it. California has two sets of exemptions. Which you will need to use depends upon the equity in your house. If you have little or no equity in your residence, then you can use the exemptions under Code of Civil Procedure section 703. One of the exemptions under that section, commonly known as the wild card exemption, That exemption, about $25,000, can be applied to any type of property, including a tax refund. If you have a lot of equity in your residence, then you will need to use the exemptions under section 704. There are no exemptions for tax refunds under this section and the exemption for equity in your residence does not allow the unused portion of it to be applied to other property. So if you have substantial equity in your residence, you may want to wait until after you get your tax refund before filing. When you get your refund, use it to catch up on your mortgage payments.... Read More

The answer to this question depends on the dollar amount of the refund(s). You are entitled to exemptions under state and federal law that protect your assets, including future tax refunds, up to certain dollar amounts. You should consult an experienced bankruptcy attorney to determine what exemptions would apply to your assets.... Read More

It happens regularly. If you weren't served, the judgment is void. Contact a lawyer to help you vacate the judgment and quash the garnishment. You shouldn't need to pay your lawyer much, if anything. You will need (or at least it would be very helpful to have) proof that you were not served.... Read More

This does not seem to be from Illinois. Generally, a judgment entered without service of process is void and can be attacked at any time. You need to prove that the return of service is false. Generally, you need something in addition to your own testimony, such as documents showing that you were not at the address where service took place at the time of service.... Read More

It depends on the type of liens on your house, the value of your house, and what you owe on your first mortgage relative to the value of the house. For example, if the 4 liens are from court judgments AND the equity you have in the house is less than the available protection you enjoy under state homestead laws, removing all liens will be pretty straightforward. If one or more of the liens are second or third mortgages and the is any equity in your property after subtracting the 1st mortgage, the opportunity to remove these liens will be more limited. If the liens have been imposed by operation of state law, such as a tax lien, HOA lien, mechanics lien, or lien from a public hospital, these liens will not be eliminated by the Chapter 13 process. Whether you will be able to save your home will depend on whether you can afford to pay for it under these circumstances.... Read More