What property can you keep in Chapter 7 Bankruptcy?
This is written with the assumption that the reader already knows he/she qualifies for Chapter 7 Bankruptcy, and already has a familiarity with the steps in the process of receiving a bankruptcy discharge.
If you are not sure if you qualify for Chapter 7, take the FREE MEANS TEST:
http://ezbankruptcyforms.com/media/Form_B22A_Means_Test_Calc.pdf
Many people fear filing for CHAPTER 7 BANKRUPTCY WITHOUT AN ATTORNEY for this very reason: The information that needs to be entered on "SCHEDULE C - BANKRUPTCY EXEMPTIONS".
Chapter 7 Bankruptcy is exercised under Federal Law. Over 90% of the bankruptcy process is uniform from state-to-state...except this.
A common misconception is that a CHAPTER 7 BANKRUPTCY DISCHARGE wipes out all your debts AND forces you to give up all your belongings. This is not true. You ARE allowed to keep certain things after your discharge. WHAT you are allowed to "claim" on "Schedule C" varies by STATE BANKRUPTCY LAW.
While one cannot put an exact number on the value of your exemptions, you can pretty much (with some exceptions) guarantee that you are able to keep your clothes, TVs, and other household appliances. Each state has laws to claim other exemptions, most of the time up to a certain value (for example, a car up to a blue book value of $3500). Certain states provide "wild card" exemptions, where you can combine certain assets (such as a car and bank account) up to a certain value.
These values change on January 1st of each year, most of the time increasing the value of what you can keep.
It is for this reason that the "State Exemption" values posted online are often out-of-date.
If you are not filing with the help of a lawyer, a good BANKRUPTCY SOFTWARE FOR CONSUMERS program can guide you through this process, ESPECIALLY the relationships between Schedules A, B and C.
How do you collect from a person who has declared bankruptcy?
If the debt is included in the bankruptcy, the only option is to petition for the stay to be lifted. This is seldom granted unless it is secured property, or there are mitigating circumstances.
What does the bankruptcy lawyer do after you file for bankruptcy?
Bankruptcy lawyers take care of the massive amounts of paperwork and communication with the court. But perhaps the most important thing that an attorney can do is the consulting aspect. The law article below discusses what a bankruptcy attorney does. She will direct you as to the best type of bankruptcy to go for in your particular situation and clearly state the advantages and drawbacks.
How do you word a bill of sale?
Depending on which state you live in, you may be required to use a state approved bill of sale form. The state approved bill of sale forms typically require information such as: the seller's and buyer's name and address; the car's vin number, make, model, body type & year; odometer reading; and sale price. Some of these state approved bill of sale forms also require the seller's and buyer's signatures be notarized. Other states have moved this information to the title for you to complete when you sell the car and no longer require a state approved bill of sale form.
What happens if you default on a loan?
Payday loan interest is exhorbitant. If you default on a payday loan the interest will escalate. Payday loan lenders are at the bottom of the heap of unscrupulous lenders. They know you are in need and they know you may not be able to pay your loan on time. Generally, they will not set up a payment program with you and therefore the interest continues to build on the amount you owe until the entire bill is paid.
If you have given them access to your bank account they can cause your bank fees to escalate with Returned Check charges as they continue to send checks against your account.
You should call your state attorney general's office to make certain the lender is licensed in your state. If the lender isn't licensed, the AG's office may be able to provide you with the number of an agency that can help you with this problem.
Do eeoc investigators carry badges?
Yes. As such they are governed and protected as any other federal investigator. EEOC Investigators are NOT armed.
Your a deadbeat. You don't make good on your promises. Would you lend you money?
Having learned from your prior bankruptcy...where you screwed those who trusted you the last time you failed to perform on your promises and such...the answer is: when you can actually afford one.
no Maybe or maybe not. We don't know the circumstances of the cheating, your ages, if this was the only time, or a string of affairs, is he repentent, are you ready to dump him for ever if it happens again? How can we answer a question with so little information? No. You can spend your precious time loving anyone you want. If you love him give it a shot! It's been two years and people MAKE MISTAKES and he may have matured by now and wants to prove to you he has matured. After two dates you'll know if he's changed for the better and if he has you can start a strong relationship and if not then you can walk away. As humans we need to gauge such things as someone cheating once because people do make mistakes. I have often posted there is zero tolerance for cheating and it's a chicken way out ... in other words people who want to date someone else have the option of being mature enough to tell their current girlfriend/boyfriend/husband/wife. Youth is about learning, so, he made a mistake and perhaps he's grown up. If you see everything in black and white then you could lose out on some great events in your life. Meet with him and see what happens. What do you have to lose!
Yes, your disability check can be garnished. The reasons can be child support and taxes even across state lines. This happened to me. Yes I am speaking from experience not some law book or hear say. You have no protected income.
Yes. You CAN retreive personal property (and your tag) from an impounded vehicle. There should be no charge for the storage of the property, however you will need proof of ownership of the vehicle. Repossessions are treated differently and you would most likely incur storage charges for your personal property. (Florida)
4 years on promissary notes. A judgment occurs when a creditor takes you to court and sues you for money you owe them. They must do this before the statute of limitations has expired for the original debt.
What is the California statute of limitations for debt?
The statue of limitations in Ca for a credit card debt is 6 years from the last payment made on the account. I have been working in Collections for 14 years and they legally cant take you to court and get a judgment on you if you have not paid toward the account in 6 years. However it will still stay on your credit report for 7 years. A lot of Card companies will sell your debt to collection agencies. Don't be intimidated by them.... They will try to tell you that the time starts over because they own the note now.... NOT TRUE.. It will always go by when you made the last payment.
Ken
Can you file bankruptcy on a repossessed vehicle?
Quentyn, these questions are best asked of your B/K attorney. S/he will give you the legal advice you are PAYING for. Good Luck If your car is repoed and you've already filed for Bankruptcy (Chap 7) will you be able to ask for your car back if you still want to continue paying?
What happens if you refuse to open your door to a court order for automobile?
Replevin is a cause of action that has as its goal the "replevy", or taking back, of an item of personal property, usually upon which money is owed. In this case, although it is not stated in the question, it appears that the replevin is based upon a car loan. If that is the case, and a lawsuit has been filed, the court must have both personal and subject-matter jurisdiction over the matter. Subject-matter jurisdiction means that the cause of action is being handled in the right court--for example, in the court of the state that handles actions in an amount into which falls the amount of this debt. Personal jurisdiction means that the court has to obtain jurisdiction over the person or entity being sued. This is usually accomplished by serving (delivering) a summons, complaint, or in the case of replevin, a "writ") upon the person or entity being sued. The law of the state in which the matter is pending will dictate how service can be made. The ideal is to actually deliver it to the person or entity. However, if he, she or it refuses to accept it, the law of the jurisdiction may permit another means of service, such as my posting it or advertising it in a newspaper of general circulation.
How Can you get a business license?
I went to the City of Columbia office on main street. Because I lived in Lexington county and not Richland I was not required to purchase a Columbia Business license. My next step will be going to Lexington county.
What happens when you take a car out of state when it is being repossessed?
YOU are responsible for the car to the loan is payed off. The more it sells far after repo, the less you will have to pay later. get the car back, clean it up, and give it to the lender. WHY??? Folks who drive cars that don't cost them anything usually don't take care of them and the car isn't worth much when it gets to the auction. Basically you are GIVING them money that YOU will have to pay back. Its NOT good.
What will be the charge for the theft?
Usually, there are only two ways to charge a Larceny offense - GRAND Larceny and PETIT Larceny. The difference bewtween them is the value of the goods that were stolen and this amount changes from state-to-state.
In what states can your disability check be garnished?
can the state of maryland garnish my government disability check for back taxes owed the state of maryland ?no they cannot, u.s.gov. disability or social security cannot be garnished, Except for child support and Federal TAXES.
How long can be the drawbar be between the towing vehicle and the vehicle being towed?
depends on the hitch and how big the vehicle being towed is
Can you but a car before filing bankruptcy?
Selling or otherwise transferring an asset in anticipation of bankruptcy can cause issues. See a lawyer in your area. Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts, which I do not warrant, and I am not suggesting any course of action or inaction to any person.
Can you still owe money after your car is repossessed?
Yes, your car will be sold and if the price they sell it for is less than the balance left on the loan, plus the repossession fees, you will be responsible for that difference and will have to pay it.
Can a person goto jail for saying bad words?
No you can't go to jail for it just make sure you use it in the right context cause like a lot of words it has more than 1 meaning it means a derogatory term toward blacks friend and also ignorant person
How long after repossession of your vehicle does the lien-holder have to sell the vehicle?
Forever Adding: I believe the questioner may actually mean to say - does the lien holder have to wait to sell it. Perhaps he doesn't understand that after repossession, it is then "their", that is the lenders, vehicle.
You haven't provided enough details or type of bond so the following is general information regarding the topic of bonding:
"Bonding" is obtaining a bond or a type of insurance that you pay a fee for. Generally it's required by law, by the bylaws of a corp, an employer, bascially anyone who handles large sums of money that could be stolen. It will cover your principal in the case you are accused in a lawsuit or theft. Many professions require bonding. If you are a private investigator, security agent, armored car driver, some technical fields like electrician require bonding. Fiduciaries of an estate must post a bond.
You can check your states licensing, and legal insurance requirements. Your local liability insurance companies will have this information. You can also try typing in "bonding requirements for your state" in your favorite web search engine. Listing all 50 state's requirements here is impractical.
How long does it take for a credit card company to take you to court to collect their money?
There can be no specific answer to the question. Creditors/collectors are usually in no hurry to pursue a lawsuit for debt, as the average SOL for filing a suit for unsecured (credit card) debt is 5 years. The average time for a suit to be heard after it has been filed is 18 months; although due to the economic crisis, courts are rapidly becoming backlogged with such matters so the time frame could be much longer. The execution of a judgment writ itself, has specific time limits depending upon how the judgment is to be enforced and/or the laws of the debtor's state. The debtor(s) will always receive a final notice of judgment whether or not he or she appeared at the civil hearing (trial) before the judgment can be enforced. Never, never ignore a lawsuit summons nor a notice of final judgment, it may result in the debtor's forfeiture of his or her right to protect real and personal property from attachment/levy.