A case has been filed against me by Discover. A hearing for order failure to file proof of service is set for 9/2022.
4 attorney answers
I do not agree that if less than $100,000 that you should not file. But otherwise I agree with all 3 answers. And the ONLY thing you need to do is simple : call one of the 2 Bankruptcy attorneys listed in your state already answering who are both excellent, or find another on AVVO. But having seen their answers to q's throughout the years you will have the "cream of the crop" so to say.
No debt leads to less stress too. A discharge's affect on your own heart and health are not measurable or one can say priceless!
Your asking that question implies you have not called and discussed with an experienced bankruptcy attorney near you as you would or should know the answer to that question posted here on AVVO. Other facts and issues can gravely affect your case so I will point these out for you next some issues so you know you only need to do one thing now: call an attorney near you to discuss bankruptcy. You need and want to enjoy your fresh start also. But the most important thing is to meet with an attorney as you asking this question means you have not. You care about 2 goals: keeping everything you have equity in and discharging all your debts. If you don't have any of the exceptions to discharge you will obtain that goal; most exceptions are set forth in 11 USC. 523 (Google it) like child support, some income taxes, traffic (in a ch 7) and criminal fines , and presumption of student loans. But some debts are dischargeable in a ch 13 but NOT in a ch 7 so you want to make sure and your attorney will discuss any such types with you also!
Your exemptions depend on what state you have lived in in the last 2 years and thus if in your state, then your states exemptions will apply. Most persons filing keep everything they own but your attorney will confirm that with you when they learn everything you own and the equity thereof!
Some secured debts like homes, vehicles, other secured debts an attorney will discuss your options on also as you must list any debts; but that does not mean you will lose them unless you have too much equity or are in default on paying for them! Discuss those options if they apply with your attorney too.
But other issues can arise that can greatly harm your case. Just one example: If you paid back a relative $3,000 11 months ago and now file bankruptcy next week, the trustee can SUE that relative to retrieve that $3,000 (under what is called a preference) for the benefit of the bankruptcy estate. As a result, most attorneys don't charge to meet with them the first meeting so meet with one no matter what.
Many great attorneys can be found right here on AVVO in your state so look, call, and meet one as soon as you can.
You should also want to know when to file: is there an advantage of waiting versus filing now and who should you pay between now and then! Good luck and enjoy your later fresh start.
You may be judgment proof, but then again bankruptcy could give you peace of mind and stop the ongoing creditor harassment.
The only way to determine your options and whether bankruptcy is best is to have a consultation with a qualified bankruptcy attorney in your county.
Legal disclaimer: Mark J. Markus practices law in California only. The information is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Answering this question does not in any way constitute legal representation.
You may be judgment proof but I recommend that you take advantage of a free consult from a bankruptcy attorney to0 review your options. You can find one on AVVO under the find a lawyer tab.
I am sorry for your issues. I changed the topic to BK law, where you should get better responses. Also, it is not clear you should have lost your annuities? That could be a real issue in your favor, maybe??? I honestly do not know.
As for BK, in most instances, I am told for anything under $100,000.00 it is not typically worth it. AND as to your savings, I think in most instances, those funds could be tied to the retirement/annuity and untouchable?
Most BK attorneys will give you a no fee consultation.
I hope this switch to this page helps and oh by the way IF and I do mean IF, the dect collectors are not collecting properly, you may in fact have a case against them!! Wishing you the best...
Note to Readers of this post: This response is mainly for informational purposes and to give the reader(s) some feel for the issues and direction to go. Proper professional conduct as a...