I am financially ruined. is there anyone that can help?
I recently lost a court case and the other lawyer is coming after me for attorney fees and court costs. It could total over $70,000.
I was told by lawyer that if that happens, I could file for Chapter 7 bankruptcy….. but six years ago I had to file Chapter 7 due to an illness. Now I understand that the new bankruptcy law changed it to 8 years. So I can’t file one until 2009.
SO what happens when they get a judgement against me? Will they come after my property, home and garnish my wages????
July 11th, 2009 at 11:21 am
Unfortunately, I think they might. I’ve heard of similar problems with others. They’ll take what they can to get their money. They might put a lien on your property until it’s paid. I am so sorry to hear about your situation!
July 13th, 2009 at 3:29 pm
You need to pay a lawyer to see if there are exceptions to the 8 year rule in your state. The eight year rule may only apply to people that have declared BK since the new law went into effect. Even if you can’t file for a couple of years there are ways to slow or stall the process so that the other attorney can’t get to your assets in that timeframe. Does the other attorney know that you filed 6 years ago? If not he may not even come after you because he knows that you will file BK. In many states you can’t garnish someone’s wages to settle a judgement. Check to see what the law is in your state.
The bottom line is to see an attorney.
July 15th, 2009 at 3:09 am
Heres what I found:
TIME BETWEEN FILING CASES
These provisions apply to cases filed both before and after October 17, 2005.
You will not be eligible to receive a discharge of your debts in Chapter 7 if you received a prior discharge within 8 years of the new filing. You will not be eligible to receive a discharge in Chapter 13 if you have filed a Chapter 7, 11 or 12 bankruptcy case within the 4 years prior to the date of filing of the pending case, or if you have filed a Chapter 13 case within 2 years of the pending case.
:You can contact an attorney and they will guide you through what you can do with the payment for the lawyer fees.
Because they can get court orders to file for liens on your home and bank accounts, and garnish your wages, so again contact a lawyer to figure out what is your best options.
July 16th, 2009 at 6:36 am
You need to see an attorney with the specifics of your case, but even under the old law, there was a 7 year waiting period from the time the BK case was discharged, so what is different about living with this for 2 years vs. 1 year? You still have the same issues.
If you lost the court case, presumably you already have a judgement against you. This additional judgement for attorney fees and court costs will just be one more thing that you don’t pay.
Depending on the type of judgement, you may or may not be able to get it dismissed in BK, anyway.
See an attorney.
July 17th, 2009 at 3:32 am
It’s time to sell your car, your house, your handbags and your shoes.
July 19th, 2009 at 1:26 pm
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All the best