Anybody have any useful info about bankruptcy laws in California?
951975
If most of the debt is credit cards, they may be able to negotiate a smaller monthly payment to reduce the debt. It isn't in anyone's best interest for them to file bankruptcy. If they sell their home and file bankruptcy, the home could be brought back into the bankruptcy if it is sold within 6 months of filling. Some property can be brought back into the estate for a year. Bankruptcy laws changed about a year or so ago. You can no longer just discharge your debts. In most cases, you must meet certain income criteria to get a discharge. If you don't qualify, you will need to file a repayment schedule which could run from 3-5 years. Given the new bankruptcy laws, I would suggest that they make a list of all their creditors and income and see if something could be worked out at a lower cost to help them get out of debt. I am very sorry for their current situation. You may also suggest for them to contact a consumer conseling agency. Most cities have something such as this. They can sometimes work out a payment schedule to help you get out of debt without filing bankruptcy. As a last resort, you could contact a bankruptcy attorney. I would contact the District Court, which handles bankruptcy, and ask them of some names of lawyers who do a lot of bankruptcies. They cannot recommend anyone, but could give you several names you could contact. \n\nCreditors will come after both of them if they are both on the loan papers, even if only one used the cards. If one files bankruptcy the other one will be responsible for the debts if they are jointly owned. There are exemptions for your home which varies from state to state. It is usually called a homestead exemption. California used to have a high exemption for bankruptcy. A bankruptcy could help them to keep their home. Good luck.
608444
Hi, \n\nThere's lots of helpful legal info on nolo.com.  Here's the link: http://www.nolo.com/resource.cfm/catID/F251EA55-13A9-4EE0-85D21CEB27636030/309/298/  \n\nGood luck!
75873
Hello, I would like to answer your question...\nI know the laws have changed recently and it is harder to go through bankruptcy now than last year...\nYou must be overly in debt and cant possibly pay your way out...\nI had to do that because I lost my long time job when I became disabled and had no way to pay back my creditors...\nI do have a web link you can view all your questions and answers on...\nI hope you will read it over before you take action...\nIt has gotten harder and more expensive to declare bankruptcy now...\nI wish you well...\nhttp://www.fulwilerlaw.com/content/austin-bankruptcy-lawyer.php
284022
I don't think that companies that are considering bankruptcy are posting this info on the web. I believe bankruptcy court might be your best bet but hey thats just a guess.
616920
Good job on making the changes you need to!  It's always refreshing to see people taking responsibility for their problems rather than just heading to bankruptcy court.\n\nIt may be a long shot, but you can call the credit card companies and talk to them about the credit report.  You might also consider talking to either a financial advisor (who would charge a fee but would probably give you very good advice) or a NON-PROFIT credit counseling agency.  If you choose the latter, make sure that you check with the Better Business Bureau or otherwise check them out THOROUGHLY - there are some scam artists out there.  \n\nI *believe* there are ways to "fix" your husband's credit report, but I'm not up on the specifics of how it happens.\n\nBest of luck!
892712
Most laws can be found on the website for that particular state.  Go to   your state's website and look up legislation.  Go to ttp://www.leginfo.ca.gov/ and look up California Law.  You will click on I think it is Family Code.  You can type in search words like custody and statute of limitations.  This should give you all of your answers and more.
1063516
CalLaw is a fabulous resource for California legal issues.  The link below is the search I did on the site specifically for your question.  Just keep in mind it isn't free!  However, you can use the case names as a jump-off for further internet searches.
952131
Put in your request with the bankruptcy court, but you'll be faaaarrrrr down the list of creditors that get paid.  \n\nThanks for the change in bankruptcy laws Congress :(\n\nI'm afraid in all likelihood he's SOL.
77981
The laws are different in every state which is one reason why you shouldn't search for legal advice online.  Your best choice would be to visit your local public LAW library.  In California, each county has one and I believe it is mainly the same throughout the country.  The librarian cannot give legal advice, but can point you in the right direction and show you how to research the information yourself.  An alternative, would be to see a paralegal who handles family law matters.  They are significantly less expensive than an attorney.
400076
Yes, I just did.  I did a chapter 13 a month ago.  I had to do a one hour telephone interview with a bankruptcy approved consumer credit counselling service (my attorney gave me the phone number), and they gave me a certificate that said I was approved to file a bankruptcy, which they sent to my attorney.  All of my unsecured debt was released, and I'm on a 5 year payment plan with the bankruptcy trustee to pay off my cars, and some income taxes.  Almost $10000 of credit card AND payday loan debt was washed away!  Saved my life!  Good luck!  (BTW...Torkhum, one of your answerers, doesn't know what he's talking about...the new laws only effect about 2% of the population when everything is said and done, once you get bankruptcy approved interview with the CCC service your attorney recommends to you)
702046
I doubt if you will be able to file bankruptcy on line. You can file on your own, but will probably need to talk with an attorney. Bankruptcy laws changed about a year ago. You cannot automatically get a Chapter 7 discharge. There is a means test you must pass before you will be allowed to receive a discharge. You may be required to file Chapter 13 to repay all or part of your debts. That is the new law. There are Consumer Credit Counseling companies that help those with credit problems to work something out and repay their debts without having to file for bankruptcy. They can often work out a reduced settlement out with your creditors. If it has been 10 years and you are working, perhaps it would be best to try and work out a settlement on your debt. Frankly, after 10 years, I am not sure that they could legally collect from you anyway. If you file bankruptcy your credit will suffer for many years. A bankruptcy can stay on your credit for as long as 10 years, depending on the section of the bankruptcy law you use. You really need to talk to a lawyer or credit counseling service.
416722
http://www.pbs.org/now/politics/bankruptcy.html\n\nThe table says it all...
3856
good luck getting a loan if you've already filed bankruptcy.  a lot of companies won't loan to anyone who's already filed bankruptcy.
189505
Go to several dealers and interview the finance people and tell them your situation. A car dealer wants to sell you the car so they will work hard to get you financed. \n\nIt would be helpful to you that all your accounts that were discharged in Bankruptcy report on your credit files as "Account included in Bankruptcy". IF you haven't done so then get copies of your 3 credit reports at www.annualcreditreport.com. It's free by law once a year. Review your files for accuracy and dispute any item you believe to be negative. Each investigation will take approx 30 days.\n\nWhen you are ready to buy make sure you do all your rate shopping within a 14 day period so that all the inquiries will only count as one.\n\nGood Luck
44840
Tough luck. \nThey just changed the bankruptcy laws in October '05. \nNow it costs more to file, but before you can even file, they make you jump through a bunch of hoops, and I guess their pushing chapter 13 (the payback plan)...\n\n\nGood luck!
603374
I don't' have an answer but I do have a source for you to search it. Go here:\n\nhttp://www.dca.ca.gov/legal/landlordbook\n\nAll of the laws are there in regards to this. Scroll down on the page and an on-line handbook is available. Good luck.
880305
if they wont work out a forebearance agreement,then contact a bankruptcy lawyer, call HUD now!!!! you nedd to prepare to move in case.....good luck