Tuesday, July 27, 2010
How common is it for the trustee to object to your Ch 13 plan? My trustee seems to think that I have more assets than I do. Help - Avvo.com http://ping.fm/zwfB6
Monday, July 26, 2010
My mom co-signed for a credit card for me in Pennsylvania & now we are being sued. - Avvo.com http://ping.fm/HtO5W
does a debt collecting lawyer have more ways to take payment than to have direct access to my bank account information ? - Avvo.com http://ping.fm/rKXC8
a judgement was filed against me , can the company garnish my wages if i receive foodstamps in wisconsin - Avvo.com http://ping.fm/4BomR
I am in chapter 7 and want to surrender my mobile home...the question is as to the space lease. - Avvo.com http://ping.fm/lZsiN
Saturday, July 24, 2010
I am getting a divorce. My car is in my husbands name with a lien on it. - Avvo.com http://ping.fm/byRRH
Got a summons from atty. f/hospital bills ins. didn't cover; dollar amount is $300; I am barely scraping by; advice? - Avvo.com http://ping.fm/XiRJ1
How can a roommate & common law spouse protect their stuff from being possessed, if a writ of execution is granted against me? - Avvo.com http://ping.fm/0zEWv
Friday, July 23, 2010
What should I do if a collector is suing me for a debt that I recognize but I cannot pay it? - Avvo.com http://ping.fm/9t6y7
Monday, July 19, 2010
i am in a debt relief program and they have take 4 months of my money and gave me nothing but headaches - Avvo.com http://ping.fm/OvX8z
i am in a debt relief program and they have take 4 months of my money and gave me nothing but headaches - Avvo.com http://ping.fm/6Vn8N
Sunday, July 18, 2010
Hello and thank you,Q;Am I leagally obligated to fill out a financial stmnt to a colltn agency that bought my wrttn off cc debt? - Avvo.com http://ping.fm/Wzp2m
Which chapter of bankruptcy would be better to file if it envolves a car? - Avvo.com http://ping.fm/Gqxtw
I have a civil summons saying a judgement will be rendered against me unless i reply in writing (car repo). I am unemployed. - Avvo.com http://ping.fm/JojFY
will an impending wage garnishment stop as soon as i retain a bankruptcy attorney? - Avvo.com http://ping.fm/fBCVo
Saturday, July 17, 2010
After a Chapter 7 is closed due to a mistake on failure to complete counseling part 2? - Avvo.com http://ping.fm/Cx2CW
My Tenant won't pay rent and have filed 2 times of chapter 13 Bankruptcy! - Avvo.com http://ping.fm/Ert6X
Friday, July 16, 2010
Thursday, July 15, 2010
can you sell your assets (stocks) and pay your outstanding 401-k loan before filing bankruptcy - Avvo.com http://ping.fm/IhvKQ
20% of my wages are garnished, can't afford price of living now. How can we pay it off and still live? - Avvo.com http://www.avvo.com/legal-answers/20--of-my-wages-are-garnished--can-t-afford-price--302050.html
How does one figure approximately what a chapter 13 payment would be? - Avvo.com http://ping.fm/LFTog
I am a co-borrower on a auto loan and making payments. If the co-signer files a BK, how does that affect me? - Avvo.com http://ping.fm/F0TrA
Wednesday, July 14, 2010
Tuesday, July 13, 2010
I am living out of USA, and for that reason I stop paying my credit card debts.Can I go to jail once I get back there? - Avvo.com http://ping.fm/AyPDV
Can I file bankruptcy separately even if my husband doesn't want to and be protected from mortgage? - Avvo.com http://ping.fm/u8I2b
I got summoned by a debt collector lawyer a few weeks ago. What do I do next if I am in the process of filing bankruptcy? - Avvo.com http://ping.fm/58JHO
if am being sued and the debt is only mine, can they garnish my husband? - Avvo.com http://ping.fm/D8NJk
Monday, July 12, 2010
Wednesday, July 7, 2010
RIVERSIDE COUNTY BANKRUPTCY ATTORNEYS INTRODUCE NEW INFORMATIONAL LEGAL GUIDE SERIES Meeting of the Creditors
The meeting of the creditors also called the 341A hearing is nothing to fear. The meeting is normally scheduled 45 days after the filing of the bankruptcy petition. The meeting is usually held in the Federal courthouse. It is normally held in a room, not an actual court room, so you do not need to fear seeing the judge. The meeting is conducted by a the bankruptcy trustee who has previously reviewed your bankruptcy petition.
Creditors rarely attend the meeting even though it is the primary purpose of the meeting. If your creditor does show up they will be given a very short period of time to ask you questions. The main question they will have is regarding the collateral that they gave you with the loan obtained from them. The most common creditor to show up is that of vehicles if you have not been making the payments or already surrendered the vehicle.
More Free Bankruptcy Information
About the Law Offices of Cortright, Valentine & Associates
For more information, visit http://www.cortrightandvalentine.com or for a free consultation call (951) 200-7505. To learn about our new video series please visit us on www.avvo.com
Law Offices of Cortright, Valentine & Associates
27186 Newport Road, Suite 1
Menifee, CA 92584
(951) 200-7505
EMAIL
consultations@cortrightandvalentine.com
www.freebankruptcyinformation.info
www.theworkerscompensation-lawyer.com
www.thepersonalinjury-lawyer.comTuesday, July 6, 2010
RIVERSIDE COUNTY BANKRUPTCY ATTORNEYS INTRODUCE NEW INFORMATIONAL LEGAL GUIDE SERIES Who is the Bankruptcy Trustee?
The Bankruptcy Trustee is an Attorney assigned by the court to excercise control over your property durign the pendency of your Bankruptcy case. You can not give away or transfer any property while your case is open. You will get the name and address of your Trustee a couple of days after you file your case. The Trustee will also be responsible for reviewing your petition. The Trustee's primary duty is to obtain as much money as possible for any of your creditors. In order to determine if any funds are available for the creditors the Trustee will verify your income, property, assets, and review your exemptions listed. In addition the Trustee will conduct your 341A meeting with your creditors at which time he will most likely have a few questions for you regarding your petition. The Trustee gets paid a flat fee in a chapter 7 case and a percentage of the funds distributed to the creditors.
More Free Bankruptcy Information
About the Law Offices of Cortright, Valentine & Associates
For more information, visit http://www.cortrightandvalentine.com or for a free consultation call (951) 200-7505. To learn about our new video series please visit us on www.avvo.com
Law Offices of Cortright, Valentine & Associates
27186 Newport Road, Suite 1
Menifee, CA 92584
(951) 200-7505
EMAIL
consultations@cortrightandvalentine.com
www.freebankruptcyinformation.info
www.theworkerscompensation-lawyer.com
www.thepersonalinjury-lawyer.comMonday, July 5, 2010
Comprehensive Chapter 7 Bankruptcy Filing Instructions
Chapter 7 Filing Process
The filing of a bankruptcy case is governed by the rules of the bankruptcy court where you will be filing. Always read the rules before filing your case or even filling out the paperwork. Where you file will usually be the county in which you reside, as long as you have lived there the greater part of the last six months. See www.uscourts.gov to locate your court.
You do not need to be represented by an attorney to file bankruptcy. However, if you are not very business or computer-literate, it would be in your best interests to seek the assistance of an attorney. If you use a paralegal service to file your case, be aware that there are set guidelines as to how much a bankruptcy petition preparer can charge, which they are required to disclose to you.
The bankruptcy petition consists of the petition itself, the schedules, some local forms, and the Means Test. The Means Test determines whether you qualify for a Chapter 7 based on your current monthly income. The current monthly income received by the debtor means the average monthly income received over the six calendar months before commencement of the bankruptcy case, but not including social security income.
Before any person can file for bankruptcy, they must obtain credit counseling from an approved provider. See your local court’s website for a list of approved providers. The class will take 1-2 hours and there is a fee (usually under $50). Businesses can file Chapter 7 bankruptcies, but are not required to take the credit counseling class.
You can access your local court’s website to complete and print all the forms required of a Chapter 7 filing. For the Central District of California, the following forms are required of an individual debtor:
1. * Statement of Social Security Number (Official Form B21)
2. * Voluntary Petition
3. Exhibit C – if applicable
4. Exhibit D - Individual Debtor’s Statement of Compliance with Credit Counseling Requirement
5. Statement of Related Cases
6. Notice of Available Chapters [required for individuals whose debts are primarily consumer debts
7. Summary of Schedules and Statistical Summary of Certain Liabilities and Related Data
8. Schedules A through J
9. Declaration Concerning Debtor's Schedules
10. Statement of Financial Affairs
11. Chapter 7 Individual Debtor’s Statement of Intention
12. Disclosure of Compensation of Attorney for Debtor (for petitions of persons who are represented by legal counsel or where an attorney has prepared the paperwork)
13. Declaration Re Limited Scope of Appearance Pursuant to LBR 2090-1, (if applicable)
14. Copies of all payment advices (pay stubs) or other evidence of payment received by the debtor from any employer within 60 days before the filing of the petition and optional form Debtor’s Certification of Employment Income Pursuant
15. Statement of Current Monthly Income and Means Test Calculation
16. Verification of Creditor Mailing List
17. *Master Mailing List
18. *Certificate of Credit Counseling
An “emergency filing” can also be filed. This happens when you are unable to complete all the documents before you need to file (usually to stop a trustee sale of real property or wage garnishment). To file on an emergency basis, the items marked with an asterisk (*) above are the minimum documents needed to file. The balance of the documents will be due within two weeks of filing. If you cannot complete the credit counseling before you file, you can file without it, but must provide a declaration as to why you could not complete the counseling before filing.
After completing all forms, sign and date them, then make a copy. Bring them with you to the court clerk along with cash for the filing fee ($299). The court will also take postal money orders and checks drawn on an attorney’s account. The clerk will “file” the documents and give you a receipt that shows your case number, hearing date, and Judge/Trustee assignment. The hearing date will usually be in about 4-6 weeks.
Within a week after filing, the clerk will mail a Notice of Case Commencement to you and all your creditors. This is the notification the creditor will receive that will require them to stop making harassing phone calls and collection attempts. It also sets forth the hearing date, time, and location, and other important deadlines for creditors.
You are required to mail your last tax return to the trustee assigned to your case within one week before your hearing date. When you go to your hearing, you must bring your social security card and driver’s license, and it is best to bring a copy of your petition documents and tax returns though not required. The hearing will be short, often taking five minutes or less and the trustee will ask you a few questions about your case. The trustee will then dismiss you or may continue the hearing to another date if additional documents are requested or if your paperwork needs to be amended.
You will need to take a class on personal financial management before your case can be discharged. The Debtor’s Certification of Completion form and the certificate must be filed within 45 days of your hearing. The discharge will come in the mail usually about 3-4 months after your hearing. At that time, your debts have been discharged and you can start fresh with your life.
More Free Bankruptcy Information
About the Law Offices of Cortright, Valentine & Associates
For more information, visit http://www.cortrightandvalentine.com or for a free consultation call (951) 200-7505. To learn about our new video series please visit us on www.avvo.com
Law Offices of Cortright, Valentine & Associates
27186 Newport Road, Suite 1
Menifee, CA 92584
(951) 200-7505
EMAIL
consultations@cortrightandvalentine.com
www.freebankruptcyinformation.info
www.theworkerscompensation-lawyer.com
www.thepersonalinjury-lawyer.com
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