Quick Answers to Bankruptcy Questions & Understand How Bankruptcy Laws Affect You

Archive for September, 2009

Wife Forged Name, Ran Up Debt, Filed Divorce. Bankruptcy Or?

Monday, September 7th, 2009
bankruptcy law

My brother is a truck driver. Only home every other weekend. Wife out of the blue wants a divorce. He does a credit report and finds out she forged his name to several credit cards, ran up about 60K in debt, forged and cleaned out his life insurance policy, and also (she was filing seperately) had a 25K IRS tax lean against house. She’s didn’t file her taxes a year or two.

His divorce lawyer doesn’t seem too versed in bankruptcy law. Here’s the situation: Court ordered her to assume about $47,000 of the $60,000 in credit card debt. When house is sold, they both clear about $50K a piece. IRS gets about 30K of hers. Credit card companies are threatening garnishing his wages. She is “hiding” from them. If he charges her with credit fraud she’ll lose her nursing job (can’t have a felony as a nurse) and he’d get custody of the kid. He doesn’t want to do that but may have no choice. How can he get them off his back since she’s signed a court order saying she’s responsible? Bankruptcy? Etc
You read that wrong. His wife signed a court order assuming like $47K of the $60K debt. Her lawyer told her she better buckle or else she might face the credit fraud charges by my brother, lose her job and custody of the kid.

But, she is hiding from the credit card companies and so they keep coming after my brother. Heck, she had hidden PO boxes for her mail, and even her credit report lists her job address at a business that she doesn’t work for. Like I said, he’s a nurse, but somehow she’s fixed it so nobody can find her, at home or work. We don’t even know where she’s living now or what hospital she works at.

His lawyer doesn’t seem to know what he’s doing. Well, the divorce worked in his favor but where to go from here? How does he get these credit card companies off his back? The court order even says that she’s not allowed to file for bankruptcy as a way out so the credit card companies can go after him. And if she does quit her job or file bankruptcy, what does he do then?
Sorry, meant “She’s a nurse”, not “He”.

Is Bush giving America a bad name?

Sunday, September 6th, 2009
bankruptcy law

ACCOMPLISHMENTS OF PRESIDENT BUSH…

I attacked and took over two countries.

I spent the U.S. surplus and bankrupted the Treasury.

I shattered the record for biggest annual deficit in history.

I set an economic record for most private bankruptcies filed in any 12-month period.

I set all-time record for biggest drop in the history of the stock market.

I am the first president in decades to execute a federal prisoner.

I am the first president in US history to enter office with a criminal record.

In my first year in office I set the all-time record for most days on vacation by any president in US history.

After taking the entire month of August off for vacation, I presided over the worst security failure in US history.

I set the record for most campaign fund raising trips by any president in US history.

In my first two years in office over 2 million Americans lost their job.

I cut unemployment benefits for more out-of-work Americans than any other president in US history.

I set the all-time record for most foreclosures in a 12-month period.

I appointed more convicted criminals to administration positions than any president in US history.

I set the record for the fewest press conferences of any president since the advent of TV.

I signed more laws and executive orders amending the Constitution than any other president in US history.

I presided over the biggest energy crises in US history and refused to intervene when corruption was revealed.

I presided over the highest gasoline prices in US history and refused to use the national reserves as past presidents have.

I cut health care benefits for war veterans.
I set the all-time record for most people worldwide to simultaneously take to the streets to protest me (15 million people), shattering the record for protest against any person in the history of
mankind.

I dissolved more international treaties than any president in US history.

I’ve made my presidency the most secretive and unaccountable of any in US history.

Members of my cabinet are the richest of any administration in US history. (The ‘poorest’ multimillionaire, Condoleeza Rice, has a Chevron oil tanker named after her).

I am the first president in US history to have all 50 states of the Union simultaneously go bankrupt.

I presided over the biggest corporate stock market fraud in any market in any country in the history of the world.

I am the first president in US history to order a US attack and military occupation of a sovereign nation, and I did so against the will of the United Nations and the world community.

I have created the largest government department bureaucracy in the history of the United States.

I set the all-time record for biggest annual budget spending increases, more than any other president in US history.

I am the first president in US history to have the United Nations remove the US from the Human Rights Commission.

I am the first president in US history to have the United Nations remove the US from the Elections Monitoring Board.

I removed more checks and balances, and have the least amount of congressional oversight than any presidential administration in US history.

I rendered the entire United Nations irrelevant.

I withdrew from the World Court of Law.

I refused to allow inspectors access to US prisoners of war and by default no longer abide by the Geneva Conventions.

I am the first president in US history to refuse United Nations election inspectors access during the 2002 US elections.

I am the all-time US (and world) record holder for most corporate campaign donations.
The biggest lifetime contributor to my campaign, who is also one of my best friends, presided over one of the largest corporate bankruptcy frauds in world history (Kenneth Lay, former CEO of Enron Corporation).

I spent more money on polls and focus groups than any president in US history.

I am the first president to run and hide when the US came under attack (and then lied, saying the enemy had the code to Air Force 1)

I am the first US president to establish a secret shadow government.

I took the world’s sympathy for the US after 911, and in less than a year made the US the most resented country in the world (possibly the biggest diplomatic failure in US and world history).

I am the first US president in history to have a majority of the people of Europe (71%) view my presidency as the biggest threat to world peace and stability.
I am the first US president in history to have the people of South Korea more threatened by the US than by their immediate neighbor, North Korea.

I changed US policy to allow convicted criminals to be awarded government contracts.

I set the all-time record for number of administration appointees who violated US law by not selling their huge investments in corporations bidding for gov’t contracts.

I have removed more freedoms and civil liberties for Americans than any other president in US history. In a little over two years I have created the most divided country in decades, possibly the most divided that the US has been since the civil war.

I entered office with the strongest economy in US history and in less than two years turned every single economic category heading straight down.

RECORDS AND REFERENCES:
I have at least one conviction for drunk driving in Maine (Texas driving record has been erased and is not available).

I was AWOL from the National Guard and deserted the military during a time of war. I refuse to take a drug test or even answer any questions about drug use.

All records of my tenure as governor of Texas have been spirited away to my father1s library, sealed in secrecy and unavailable for public view.

All records of any SEC investigations into my insider trading or bankrupt companies are sealed in secrecy and unavailable for public view.

All minutes of meetings of any public corporation for which I served on the board are sealed in secrecy and unavailable for public view.

Any records or minutes from meetings I (or my VP) attended regarding public energy policy are sealed in secrecy and unavailable for public review.

PERSONAL REFERENCES:
For personal references, please speak to my dad or uncle James Baker
(They can be reached in their offices at the Carlyle Group where they are helping to divide up the spoils of the US-Iraq war and plan for the next one.)

Questions for paralegals or those familiar with the profession?

Saturday, September 5th, 2009
bankruptcy law

1. Does it pay well (obviously not as much as an attorney, but compared to, say, secretarial type work?)

2. If you choose to go to law school after, do any of your credits transfer?

3. What’s the most lucrative field to work in as a paralegal (criminal, real estate, bankruptcy, etc..)

4. Is it an enjoyable career?

5. Do you have some control over your work hours, or is it that you leave when the attorneys leave?

Please share any add’l info you have. Thanks!

How can I help my sister-in-law work out her money difficulties?

Saturday, September 5th, 2009
bankruptcy law

She owes about $30k in credit-card debt. It started as about $10k several years ago, but it got out of hand, she couldn’t pay it, and completely stopped paying the cards altogether. Now with fees, etc she has about $30k of pain. She won’t even talk to the companies anymore. She can’t declare bankruptcy because it no longer applies to credit-card debt. She has some psycho-therapist who has told her she doesn’t have to work any more because she has mental problems (I personally do not believe this). Once she had that in hand, she started pulling disability.

Now my mother-in-law pays for her apartment, and she pays for her own food / entertainment. She spends most of her day playing video games and watching DVDs. She won’t even think about getting a job because “if she ever gets sick, she won’t be able to go to work, then she’ll lose her job, then she’ll get depressed, etc. Why even bother getting the job?”

How do I help her?

Chapter 7 bankruptcy candidate?

Friday, September 4th, 2009
bankruptcy law

I am 23 years old with 22,000 in unsecured debt. I know hard to believe how much I messed up my life. Without going into a long story about how or why, it was mostly gambling. I make 32,000 a year. I guess that makes me a pretty viable candidate for Chapter 7 even based on the new laws. Basically I just need to start over, I got help with my gambling problem, but how can I pay that off making what I do. It’s an unrealistic expectation. Does anyone have any advice, any personal experiences, whatever regarding Chapter 7 bankruptcy under the new laws. I live in Pennsylvania.

What has changed with the newer laws for bankruptcy?

Friday, September 4th, 2009
bankruptcy law

I started with around $30,000 in credit card debt a few years back and decided instead of filing bankruptcy to start paying them back by settling accounts at less than the balance owed on each. Now two years later I have paid 5 cards off and still have four left with around $20,000 of debt left from 4 cards. I remember hearing the old laws used to wipe your debts clean and give you a new start. Now with the new laws, I guess they make you pay your debts back. How much do they make you pay back? Is it worth it to do this b/c of the 7 years that this mark goes on your credit report? How much does it cost to hire a lawyer in Connecticut to file for bankruptcy? Would it just be better to do what I have been doing even though it takes a while to get out of debt this way? My credit is already ruined with all these cards having a negative affect on my report, but as I am paying them off little by little the score is rising and getting better each year.

If I put all of my student loan debt on a credit card, could I cancel this out by declaring bankruptcy?

Friday, September 4th, 2009
bankruptcy law

I currently owe $45,000 in student loans and I am having a hard time paying them off. The loans are private (sallie mae) and I am not elligible for consolidating them via federal loans since I am not a US citizen. I was not able to get a visa so I had to leave the US. I live in Europe now.

I understand that declaring bankruptcy would not cancel out the student loans, but I have read that bankruptcy could cancel out credit card debt. I have a good credit score (790), so given some time, with an even higher credit score, I may be able to transfer my loans to a few credit cards.

What are the laws regarding credit card debt and bankruptcy? What difference does it make that I am not a US citizen and do not live in the US?

What is the lowest rate availabe in Houston, TX for retaining a good lawyer to file a simple bankruptcy case?

Thursday, September 3rd, 2009
bankruptcy law

I’m planning to file for personal bankruptcy and none of the law firms will quote me a price on what the cost will be. Could anyone please inform me of a good bankruptcy lawyer available at the lowest price available. Thanks

If creditor agrees, after a judgement or past due bill has been paid, can it be removed from credit report?

Thursday, September 3rd, 2009
bankruptcy law

For instance, if you owe $1000 on a bill, and the creditor knows you are disabled and legally judgement proof. If you return to work, and are willing to pay the debt to the creditor, rather than file bankruptcy(which means I’m not liable for the judgement), will a creditor agree to have the late payment history removed and show the debt as paid in full, or just have it removed completely so that the debtor can begin to rebuild their credit history?

Most people would easily opt to file bankruptcy, but I would prefer to pay off my debt if the above arrangements can be made which works out for the creditor and myself. Please, do not respond to this question if you do NOT have something to back up your answer of yes or no.

I’ve had plenty of people tell me NO, based on their opinions. I’m looking for some type of law or valid LEGAL reason to explain why this is or is not possible. I figure, if the credit bureaus only report what creditor’s tell them, perhaps this is possible.
P.S. Lord knows the credit bureaus have no problem reporting inaccurate informatio. So I have a feeling if a credit agreed to this arrangement, they would probably assume it was just inaccurate information being corrected, if the late payment history is removed, and the debt shown as just paid in full or removed completely.

Federal Bankruptcy Exemption Wildcard?

Wednesday, September 2nd, 2009
bankruptcy law

I’m filing for Chapter 7 bankruptcy in the state of Minnesota, and to my knowledge they allow us to choose either State or Federal exemptions. I have no assets but a decent amount of debt from a business that went under. I have some cash in the bank and thats really it.

Because I dont have a house my question is how the Federal Wildcard works. I’m looking at the 2004 wildcard (it could be different now) “Up to $9,250 of unused homestead exemption amount, for any property” . I don’t have a homestead so basically does this mean I can use up to $9,250 for my personal property? . The other section of the wildcard says “$975 of any property” so this is why I ask. With the law changes this could all be different since 2004. Please advise?