Ask A Lawyer – Bankruptcy

Living in California is expensive, and divorce can be even more so when bankruptcy is involved. A divorce can trigger a bankruptcy filing for a multitude of reasons, and it quite often turns into a supreme mess. There is no clear winner ad loser in a divorce case, so all parties should try to achieve a compromise and reach a fair property settlement agreement. In many cases, a bankruptcy can help out both spouses if they joint file.
If an ex-spouse files for bankruptcy, the family court can still hear testimony and decided issues relating to support. However, the court requires stay relief for equitable distribution, which involves the bankruptcy court permitting the divorce case to continue. Basically, the family court won’t split up the family home, divide pensions, or apportion any stocks or mutual funds until it receives permission from the bankruptcy court.

According to common law, you may have a chance to get reimbursement from the child’s biological father. However, you can’t use that as a leverage to get out of debt responsibilities. You should discuss this with an attorney who is an expert in family law to find out what your chances of reimbursement are and what you need to do to get it. Read the full answer…

You did not mention how many you are in your household, which has a bearing on which median income to apply for your particular case. In California, for example, the median income for a 2-person household is $63,030, for 3-person is $67,401, for 4-person is $75,656 and an additional $8,100 for any additional member in excess of 4. Read the full answer…

The issue of jurisdiction and applicable laws on the statute of limitations for debt has always been a tricky subject if it considers more than one state, such as in your case. First, if the creditor has not yet filed any case against you for your debt, the applicable SOL will depend on what is stated in your contract, if there is any clause involving choice of applicable laws. Read the full answer…

Payroll taxes cannot be eliminated in bankruptcy. Qualifying for bankruptcy is usually a case-to-case basis. Whether you’re filing as an individual or business, it depends on the income, assets and liabilities and other factors. If you are struggling to pay off your debt, then it is best to consult a bankruptcy lawyer first before filing for bankruptcy to ensure that you qualify, or if you may still be able to negotiate with debtors regarding payment and schedules. Read the full answer…

One option is to contact your creditor to clarify the details of your debt, and if possible, so that you can come to an agreement regarding other ways for you to pay the debt. And also, depending on the debt, generally there is a 2-year or 4-year statute of limitations for the collection of debt, but this doesn’t stop the creditor from pursuing the case and demand payment. Read the full answer…

You may contact the insurance company and ask them if there is an option for you to pay directly to them. They may be able to receive your payment and certify that you have indeed paid for your share according to the court order. If you have an attorney, consult with them regarding the details of the order to make sure that you are complying with what has been stipulated. Read the full answer…

Your parents could legally hold the money depending on the stipulation on your grandmother’s will, especially if your parents (or at least one of them) were assigned as the executor or trustee. One of your options is to study the will and what is written on it regarding the conditions set as to when and how you could get your inheritance. Read the full answer…

For Chapter 7 bankruptcy, a fee of $306 is collected upon filing (http://www.uscourts.gov/FederalCourts/Bankruptcy/BankruptcyResources/BankruptcyFilingFees.aspx). However, knowing whether filing for Chapter 7 is a good choice or not depends on different factors such as the amount of debt versus the income received, among others that may be considered. Based on the information you have given, your mother probably will benefit from filing for bankruptcy, Read the full answer…

The answer to your question depends on the situation, such as for what reason was your license suspended, or if there were other stipulations related to the suspension of your license, or how many times has your license been suspended before, etc. Contact a lawyer as soon as possible first, to seek advice regarding your license situation, and to deal with the accident and possible issues with the insurance companies of the parties involved. Read the full answer…

That depends on which loan you applied for. Since you were able to receive the loan, then it means you were qualified for it, provided that you gave them truthful information about yourself at the time of the application. You cannot escape student loans, so try to negotiate with the creditor for a payment system that would work best for you to pay it off. Read the full answer…

You are not liable for your deceased husband’s credit card debts especially because, as you mentioned, he did not leave any property that could pay for the debt. In addition to that, if he acquired the debt during the separation while the dissolution was in progress, you are not liable for that even if he were still alive; Read the full answer…

If you are determined to file for bankruptcy and would qualify, it is possible to do it from abroad. However, you would still need to fill up and sign the appropriate forms yourself. Forms for that are downloadable from the website of the bankruptcy court of the state. Read the full answer…

The statute of limitations for credit card debts starts running after the last transaction was made on the card, e.g. a purchase using the credit card or a payment made on the card, and runs up to 4 years as per the California Code of Civil Procedure 337. Read the full answer…

When faced with serious financial difficulties due to debts, there are times when the best recourse would be to file for voluntary bankruptcy to get a fresh start in life. Filing for bankruptcy may help eliminate most, or maybe even all of one’s credit card debts. Read the full answer…

A person has the right to leave an employment that they deem as detrimental to their general well-being; at the same time, a debtor under Chapter 13 has the right to convert to Chapter 7, provided that he or she is not ineligible based on bad faith or abuse of bankruptcy process. Read the full answer…

There are times when filing for bankruptcy may be the only option one has when faced with grave financial difficulties. However, there may be other alternatives to filing for bankruptcy such as debt consolidation, creating a repayment plans with creditors, creating a debt management plan, or possibly defaulting on the debt. Read the full answer…

The statute of limitations for credit card debts usually START from when the last payment was made, and ends after four (4) years for written contracts or open-ended, and two (2) years for unwritten accounts. After the appropriate time limit for the creditor to file a suit has passed, the debt is considered as a time-barred debt.

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The statute of limitations for credit card debts in California is four (4) years based on a written contract, and is guided by the California Code of Civil Procedure 337. If a payment is made, the statute of limitations start running from the date the latest payment is made.
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Mitt Romney’s Romneycare

Question Asked on: June 12th, 2012

San Jose, CA — Just like the boxing match between Manny Pacquiao and Timothy Bradley, Mitt Romney has renewed his energy and is in full swing again attacking his election rival, President Barack Obama. The latest of which is the unveiling of his healthcare plan which promises every American “availability to good healthcare” as opposed to the Obamacare plan which is scheduled to be ruled upon by the Supreme Court. Read the full answer…

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