West Virginia Bankruptcy Legal Questions

It all depends on your family size and monthly income. You state that you clear about $5000 a month, meaning you clear $60,000 per year, at 30% to that and you get approximately $78,000 per year income. In West Virginia the median family income for a family of four is only $66,000 per year, meaning if you had four people living within your house you are over $10,000 a year over the limit to file chapter 7 bankruptcy. In Massachusetts this number is $106,000, which would cover your income on allow you to file chapter 7 bankruptcy. The first thing you need to consider is median family income, this can easily be determined by googling "bankruptcy median family income" and then you simply look at the state you reside in. As long as you make less than the median family income, there will be no issues of abuse raised. 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 #bankruptcy  #lawyer  #FallRiver  #Chapter7  #chapter13  #debt  #debtsettlement  #foreclosure  #attorney   #cantpaybills  #lawsuit  #court  #bankruptcycourt  #eviction  #lostmyjob, #student, #loans, #education, #IRS, #taxes... Read Answer

You dd not say whether you were married or not. Assuming you were merely a couple, was both names on the vehicle? If so, you must sue him for partition of the asset you jointly own. He may give up the vehicle if a suit is started as it will cost him money to buy you out as well as attorney fees. You can get to own the care in total only if he gives you any interest he might have in the thing. If you are married, you can trade all interest for something you do not wish to keep he might want.... Read Answer

Yes, if I understand your question correctly, if the underlying tax debts owed on the back taxes are dischargeable in your bankruptcy case (see how tax dischargeability is determined) then by filing your bankruptcy prior to filing your tax returns, you may be able to protect any refunds you have coming from current taxes. However, in order to protect those refunds, you must have sufficient exemptions available under applicable state law and then take those exemptions in your bankruptcy case. 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

As long as the loans are not cross-collateralized and you did not reaffirm the loan on the ATV, then you will have no further obligation on the ATV and should be able to retain the other vehicle as long as you remain current with the payments AND the bank that is secured by the other vehicle does not require a reaffirmation agreement. From a purely legal standpoint, even if you remain current with payments, a secured creditor may seek to repossess the vehicle under applicable state law if you do not timely reaffirm the debt with the bankruptcy court.   To the best of my knowledge, the only vehicle lenders that insist on reaffirmation agreements are Ford and Chrysler (and most credit unions). You have until your bankruptcy discharge is entered to reaffirm a debt. 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

You are allowed to file for bankruptcy protection despite previous filings.  The question of how long depends on numerous issues. Please read: http://thismatter.com/money/credit/bankruptcy/discharge.htm You should consult a local bankruptcy attorney.  Most bankruptcy attorneys offer a free initial consultations to determine if bankruptcy is an appropriate path to pursue. 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

A spouse has the right to file either individually, or jointly in bankruptcy.  Therefore, if one spouse chooses to file without the other spouse's agreement he/she still may file. 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

That depends on a number of different factors, including which chapter they filed, what the basis of your judgment was, etc.  If your judgment was based on fraud, or some other factor that is non-dischargeable in bankruptcy, then you can object to the discharge of the debt in the bankruptcy court and you may be able to just introduce the state court judgment as your evidence.  If the debtor filed a Chapter 13 case, you can file a claim and share in the distribution to creditors.  There may be many other options available, but there is simply insufficient information here to answer your question.  I recommend having a consultation with a bankruptcy attorney in the location where the bankruptcy case was filed. Mark J. Markus, Attorney at LawCertified Bankruptcy Law Specialist--State Bar of CaliforniaHandling 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

Each chapter of bankruptcy has different costs associated with the filing.  For a list of filing fees and costs for filing visit:  http://www.wyb.uscourts.gov/fee-schedule/fee-schedule-11-1-2011. There is no specific monetary amount necessary to file.  Attorney fees and court costs should be considered against the amount of debt owed when determining whether to file.  You should contact a local attorney to determine whether to file. For more bankruptcy information visit my website: www.alsobrooklaw.com 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

Contact your lawyer handling your Chapter 13 Bankruptcy and have them contact your Bankruptcy Trustee or contact the trustee directly if you are not represented and explain situation. I have responded to your inquiry according to the laws of Massachusetts, where I practice. 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 & ASSOCIATES, LLCAttorneys At Lawwww.massachusettslawyeronline.com 126 Shove Street Unit 202 Fall River, MA 02724 Office: 888-269-0688Cell: 508-801-6747FAX: 877-475-8147 Twitter Facebook  ... Read Answer

The debt would be owed by the deceased party's estate.  Your obligation on the debt was discharged (presumably) in your bankruptcy case. 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