My wife and I are filing chapter 13 bankruptcy. Our lawyer told us today that we would have to go to 2 hearings in court once we sign the papers for the bankruptcy. What exactly happens at these hearings? Are we going to get bombarded with questions by lawyers from the creditors? Is it a fairly smooth process I mean once we sign the papers the trustee has approved the repayment plan right?

TOPIC: Civil lawsuit and Enforcement of a judgment thru a "LEVY"? Search and seizure. Exactly how does this work?

INTRO: my cousin owns his own business, but got sued by a larger company who is a known bully in the field and basically accuses small companies for stuff they didn’t do because the judge in his town is "buddy buddy" with them, i don’t know the arrangement and can’t prove it), but they basically swoop up the entire market share in his field one-by-one by knocking off these small companies with bogus claims in high courts. He couldn’t afford an attorney but they brought 4 of them as they do in all their cases apparently. Here’s my question:

QUESTION: He lost the case and it’s some ridiculous amount he’ll never be able to afford. It’s going to destroy his life and his family’s, but he doesn’t want to have to file bankruptcy (for a number of reasons…at least yet). He was asking what happens if he doesn’t/can’t pay and they sell the judgment to a collection agency/lawyers who specialize in capital recovery and the like. He doesn’t own any property but has built up a sucessful online company from his apartment and is the most honest, hardworking guy I’ve ever known. His company is popular because of his line of products and his customer service but he’s only been doing it for 8 years (I never see him anymore). He has 3 kids he’s trying to put through college. However, If the civil judgment is for a crazy amount (5,000) and he owns no property except what’s physically "in" his apartment, once the lawyers sick the collections agency on him, he and his family are worried that the same judge will just sign off on anything they put in front of him, based on the case so far. Their fear is that the lawyers will just get get a lien on his business (auction it off, even if no property, auction of the trademarks and all that stuff he’s worked hard to build) and bring it over to their company like they’ve done with the other lawsuits.

From his research his fear is that they will get a search and seizure (not sure the term) and go in and take ALL his family’s stuff (we know there are exemptions), but like take his safe etc which has all his trade secrets and kid’s future college tuition. He knows not to put it in the bank because they could levy it all in one day. If they don’t know he has a safe per se, WHAT IS IT CALLED (AND EXACTLY HOW FAR CAN THEY GO) can they get some sort of "general" lien/search and seizure where they can go in (knock or barge in–don’t know) and take anything "of value" / to pay back that civil judgment where they then sell it at auction? Do they "have" to have items named, like safe, or can it just be "go in and get anything over a certain value". We all know/have seen those public auctions wher they’ve gone in and levied (???) people’s stuff. He’s renting his apartment with his wife, their 3 kids, and his wife’s brother in-law who recently lost his job and they took him in.

Sorry for writing too much, so basically this question is about enforcement of a levy (other than bank/paycheck because he works for himself). Just need to know can they levy what’s in his apartment, do they have to knock, does the search and seizure (not sure what it’s called in this case) have to "specify" items that can be taken (can items even be taken?), auction them, etc. Also (another question) can they just slap a notice on his front door and auction off his business? (you know who will be there to buy it too). Also, is it the local marshalls who do this? What kindof paperwork would they need? Whatever detail you can provide would really help. Thanks so much.
J.D.–Nice try (actually REALLY nice try) but the problem is the type of lawyers who participate in this type of behavior (actually any/every type of copyright lawyer) are the same types of lawyers who immediately whip out "FRAUDULENT TRANSFER" body of law in all its beauty. Then the court just says it’s still really yours, so you’re little IOU trick doesn’t hold water in the end. Like I said, nice try. We’ve all thought of that one. Yes, people do it all the time, doesn’t really work unless your attorney is in 5yo or something. In fact, one of the "badges of fraud" is that the purchase amount is not commensurate with the value (ie ""). Still it’s the best answer, and will probably remain the best answer). A second "badge of fraudulent conveyance" is when you sell it to a "closest family member". There are many. The "average Joe" doesn’t know about them, but then again, the average Joe isn’t CEO, and if he is, no one really wants his business in a "hostile takeover" / back door type

I have two student loans out and was considering filing for bankruptcy to try and consolidate both loans into just one low cost loan. In any case…What is the best choice if claiming bankruptcy was an option that I am willing to endure. Also in filing bankruptcy if even at all I can, what would be the best cost efficient (cheapest) way to go about doing so when taking legal action and lawyers if needed?

I’ll leave out the details but I am almost certainly going to file. Already spoken to 3 lawyers and picked one. Would like to hear from folks whov’e been through this in the past. I’m curious what "life is like" after it’s all said and done. Do you have regrets? I never in a million years thought I would be ever filing bankruptcy but I started a side business 6 years ago and it’s failed in this economy. And I’ve spent every penny I had saved up.

I’ve been told after it’s discharged, you will be able to get a loan to say, buy a car within 6 months? And a mortgage within a year? (I need to re-fil my home on the lower rates).

Thanks in advance.

I just got divorced and I have two questions for people with bankruptcy experience. Our divorce was by agreement (through lawyers) so we never got to see the judge. The debt declared by both of us was split in half. Basically, I pay these collection companies and you pay these collection companies type of deal. Now I’m ready to file for bankruptcy and have the following questions:

1. My ex-wife didn’t declare all her debts in the divorce papers. I recently found that out on my own. She is a very dishonest person and had a secret life during our marriage. I guess she didn’t disclose everything on the papers as she was afraid she could lose custody of our child when all the nasty details of the affair, hotel payments, etc. came afloat. Without getting into "you can sue her" for lying on the papers or "contact an attorney", how can I find out all her debt so I can get it discharged? She won’t tell me about it. I have my 3 year old daughter’s social security (for medical debt inquiries, etc.) and I know my ex’s too (using hers for debt inquiries could be illegal I think). My initial thought was to start calling collection companies around, Sears, Check into cash, Banks, Walmart (she did some nasty s. once and Walmart was sending "you owe me money" letters, etc. ) with her social security but that’s illegal I think. How can I find out all her debt? I don’t want any surprises after I file for bankruptcy. I appreciate it if you don’t give me "Ask a bankruptcy lawyer" type of answers. I just need some answers now from people that might have gone thru this or have experience dealing with bankruptcy matters.

2. We were separated for almost 2 years before the divorce. I kicked her out of the house so it wasn’t legal separation. In the creditor’s eyes, is the NEW debt she incurred after our separation but before our divorce considered my debt too?

3. In the eyes of the creditors, is the debt she incurred during our marriage, SOLELY IN HER NAME (her credit card, some loans she received, etc.), considered my debt too? Obviously she had a secret life and I didn’t sign most of her agreements. I didn’t have any clue about her dealings.

4. As I said before, the declared debt was split in half on the divorce papers. I’m filling for bankruptcy now to discharge my part of the debt. Could my ex-wife have any legal grounds to go after me for not paying my part of the debt as there is no doubt the creditors will go after her? By filling for bankruptcy, to most rational people it would mean taking care of my debt. I could be wrong.

5. Divorce question. Am I divorced? It’s been 6 months already and I haven’t heard from the courts? Is our lawyers sending the divorce agreement papers to the courts considered being "DIVORCED" or do I have to wait for some certification of divorce from the judge? I was supposed to go for a final "optional" appointment with the lawyer to get answers to my questions but I just dropped the whole thing (too much $$$$$$$$$$$$$)!!!!!

The more answers the better. Thanks guys!
Sorry, the state is Oregon. Please no "Call attorney" answers. Just answer if you know the answers to my questions. Thanks.

I am currently in a long and overly stressful (stupid) divorce. I am a 32 year old father of 2 children. 1 tween girl and 1 5 year old boy with learning and speech problems. My soon ex wife has decided that the kids are too much trouble for her and lets them run wild when she has them on the weekends. she also likes to use the lawyer to inflict as much pain and frustration as possible. I try to be a parent but it is an up hill battle after they get back for the weekends. They trash the house and dont want to help take care of things.
I work ALOT and have the kids 80 percent of the time. I dont have daycare or babysitter. I work when I dont have them and if I need to, I take them to my office with me.
I lost about 65000 dollars so far on her (wiping out savings /lawyers and everything. then she ran up 40000 in credit cards. I ended up having to file chapter 13 bankruptcy. I suffer from fibromyalga and do everything I can to get through a day and take care of my kids, job, housework, pay bills. I ended up loosing my car to the bank and driving now a old KIA. I loved my car too.
I feel like I have lost everything. I am alone. I feel like I cant win against the world. Everyday I am in pain. I cannot tell anyone because I am afraid that it will cost me my kids or my job. I dont know what to do or where to go. I am broke, stressed out and lost.
please give me some advice so I can continue to be a parent and stop feeling this bad.

I was in a car accident in 05. It’s been five years now. Just yesterday I accepted a ,000 dollar settlement. My medical bills are several times that amount. There is no way I can pay them off. After five years of court date after court date.. depositions.. paper filing and two lawyers. I’m sick of it. And even though I will have to live with my injuries for the rest of my life.. I’m sick of fighting and want to put this behind me. So I accepted. My lawyers told me in the beginning to expect 0,000 or more due to my injuries and the nature of the accident. But the case got more and more twisted as time went on and now the insurance company just wants to take me to court.. where I could walk away with nothing.

This is my question. . I kind of asked my lawyer this. He said that the only bill that I HAD to pay from the settlement was to a hospital due to a lien? Then I would be down near ,000.

Anyways. I’m twenty-one years old. And don’t see how I am ever going to get these bills paid. My question is:

Can I spend the money and then file for bankruptcy? Or would that make me ineligible?

I want to use the money for schooling and to fix up my parents house. I don’t think it’s wrong of me to do such a thing. I have suffered for five years now with major back injuries and severe PTSD. I deserve to use that money how I please.. right?

Thanks
Let me edit something. Before I ever looked into a lawyer the insurance company offered me ,000 dollars. I then began to look for a lawyer. When I found one and retained him. It was in the contract that his cut would not leave me with anything less than ,000 dollars. So he is actually only going to get ,000 dollars from the settlement. The lein from one of the hospitals is ,000 dollars. That leaves me with a check for ,000 dollars. My question is.. if I spend the money can I file for bankruptcy? I haven’t signed the papers yet. The problem with this whole case was that my lawyer hasn’t been able to prove that the farmer was negligent. His cows got out of their pasture and .. in a vehicle.. I hit one. It came through the windshield and smothered me. Most of my bills are for PTSD.. which i’ve been told is hard to sell to a jury.

I woke up today to find my checking acount with a zero balance, I went to the ATM and could not withdraw funds from my savings accoung. I called up my bank and asked them what was up and they said by court order my funds were frozen and gave me the phone number to the lawfirm.

The amount they are seeking is twice what I have in my accounts, the bank representative said my money is still there – I just need to reach an agreement with the lawfirm to get my funds released otherwise they will need to speak with my bank’s lawyers to try to seize the funds.

Do I have any leverage in this situation, I know the agency has already recieved a judgement against me – as can be seen in my credit reports. Do I have to pay the full amount or is there a chance I can settle for a %? Previously they sent an offer to settle at 80% but that was over a year ago. I would rather not go the bankruptcy route (chapter 13), but is that an option or is it too late?

What options do I have?
=======
Follow up
=======
Ok so my first question to the collection agency, if I decide to talk with them directly (instead of hiring a lawyer), is what does this judgement represent (is it twice the LEVY?). Gosh, I really don’t want to get stuck paying twice I owe

I have two student loans out and was considering filing for bankruptcy to try and consolidate both loans into just one low cost loan. In any case…What is the best choice if claiming bankruptcy was an option that I am willing to endure. Also in filing bankruptcy if even at all I can, what would be the best cost efficient (cheapest) way to go about doing so when taking legal action and lawyers if needed?

I have no property and my only asset is a totaled vehicle and an old car my parents gave me to replace it. Someone suggested bankruptcy as an option, and after a little bit of research, I found medical debt is the #1 reason people file for bankruptcy.

My medical debt has reached more than ,000 and rising and I keep getting bills. My insurance is maxed out and is barely covering any of it. Due to the pain and recovery, I had to quit my job that was providing the insurance, but it was maxed out anyway. I had insurance throughout the entire ordeal, however.

(Details: I was meant to have a Laparoscopic gallbladder removal due to stones, and while inside, the doctor did severe damaged to my common bile duct, both ducts going to my liver, and an artery in my liver. I had to be rushed to another hospital where I was treated by a specialist for 2 weeks. I was cut all the way across and am still experiencing pain and problems about 2 months later.)

I have also tried contacting lawyers on this case at the recommendation of several doctors/nurses/friends/family who claim I have a serious case against this doctor. I am now waiting to hear from the 2nd lawyer I’ve contacted.

I just want to know more about my options, what bankruptcy will do to/for me, if it’s a good idea, or if it will ruin my life worse than the debt will?

I am getting married in 2 weeks, and I feel like this will completely ruin or lives, and I will never be able to afford to have children, or worse, if I file for bankruptcy, I’ll never be able to buy a house.

Before this medical debt, I had EXCELLENT credit, a few credit cards with low balances and large limits, never lapsed on a payment… excellent credit score. So I am leery of the bankruptcy thing, but I don’t know WHO to talk to?
A financial counselor?
A lawyer?
Someone at my bank?

Has anyone been through anything like this?

I am currently filing a chapter 13 bankruptcy, and I talked to 2 different lawyers who suggest that I let my mortgage go into foreclosure. I am not late on my mortgage payments, but I am upside down in my loan. My place is literally a money pit. I need to have this place rewired, my water heater just went out. My lawyer suggests that I surrender my home, and rent a place for a few years. he thinks that I should be able to get a mortgage in 3 to 5 years. What do you think?

We bought a house a couple years ago in Texas. We live in this house. We are self employed and the economy had hit us pretty hard. We have not made a house payment in five months. Money is starting to come in again and we can now afford the 00 a month, but we can not afford the back debt.

We called our mortgage company (Suntrust) and they told us we had to talk to a loss mitigation counselor. We received a letter stating the house will be sold on January 7th. The loss mitigation people are telling us we have to wait for them to call us before they can help. They say it takes up to 30 days to receive a phone call. Well, if we wait for them to call, the house will already be sold at auction. What can we do? They will not talk to us at all. We do have a HUD backed loan. We have called Hope Now and that did not seem to help. HUD has a wealth of information online about reinstatement, forbearance, and repayment plan options. We can not contact anyone to help us try to qualify for these options.

If we can not reach loss mitigation, what are our other options? We received a couple letters from lawyers regarding bankruptcy. The letters mention chapter seven and eleven. If we can save our house with bankruptcy, what is the best way? Any ideas on how to get loss mitigation to grant us some extra time so we can work for them? Thank you for all your help.

What happened is we leased a car back in 2000 and just in 2005 we were able to get rid of that car after many headaches. After turning the car in and following proper procedure according to the leasing company, they sent us a bill for a tire penalty – 0! Thinking this was ridiculous, we ignored the bills and it soon went into a collection agency. The collection agency then hired lawyers, tacked on interest and we now owe 00.

My question is, first off, what kind of lawyer should we use? I’ve looked online and in the yellow pages but they only seem to have bankruptcy or telemarketer abuse…nothing pertaining to our case.

Second question, has anyone also dealt with this kind of crap before? We’re using Fifth Third to lease the car and have had nothing but trouble from these people.

Any help is appreciated! Thanks!!!

What happened is we leased a car back in 2000 and just in 2005 we were able to get rid of that car after many headaches. After turning the car in and following proper procedure according to the leasing company, they sent us a bill for a tire penalty – 0! Thinking this was ridiculous, we ignored the bills and it soon went into a collection agency. The collection agency then hired lawyers, tacked on interest and we now owe 00.

My question is, first off, what kind of lawyer should we use? I’ve looked online and in the yellow pages but they only seem to have bankruptcy or telemarketer abuse…nothing pertaining to our case.

Second question, has anyone also dealt with this kind of crap before? We’re using Fifth Third to lease the car and have had nothing but trouble from these people.

Any help is appreciated! Thanks!!!

After filing Chapter 13 and making court assigned amonthly payments to this ‘trustee." for over 10 months(90.00 per month =over 900.00)From very start, boyh my lawyers and mine intentions, were to refile from 13 to 7. Almost 1 year later,refiled to Chapter 7, Now another second,differnt trustee demands any tax refunds collected since file date and other tax forms filed for previous years stating these funds are part of bankruptcy estate. These are tax refunds for wages earned prior to the Bid.B date.< if the IRS or State Reveue had not already nabbed them. How is each of these trustee’s making and how many estates are they assigned or given?

the one i have seems unprofessional, doesn’t communicate well with me and give updates. i want get a new one, but we have already been to the 341 meeting a couple weeks ago and are awaiting the payment plan and confirmation hearing. is there a way i can change lawyers? what will be the process if i do at this point? thanks for any help on this

We live in Blue Springs MO, we need to file for a chapter 7 bankruptcy and so far all the lawyers we’ve contacted seem very expensive, and my husband does not have a job right now so money is very tight! So if any one knows of a good cheap bankruptcy lawyer let me know!

I have two student loans out and was considering filing for bankruptcy to try and consolidate both loans into just one low cost loan. In any case…What is the best choice if claiming bankruptcy was an option that I am willing to endure. Also in filing bankruptcy if even at all I can, what would be the best cost efficient (cheapest) way to go about doing so when taking legal action and lawyers if needed?

I am currently being sued in civil court, and have no money for an attorney, the case has gone on for a year now in federal court, and have basically lost my business because of all the time I’ve put into defending myself from something I did not do, and am being "lawyered" to death by 6 lawyers. Because of all this, even if I "would easily win" if I could afford an attorney, I will have to file bankruptcy (chapter 7 for me).

Therefore, relating to an ONGOING CIVIL case and a need to file BANKRUPTCY, here’s my QUESTIONS if you would please use the same numbering system to answer them so I can keep track (thanks thanks thanks):

I would LOVE it if filing the bankruptcy would END the case so I could go on with my life, find another job, build another company etc. I read a lot of yahoo answers and one said “If they haven’t gotten judgment against you … then your bankruptcy filing can and will stop the case.”, but I need to be sure.

1) is there any ADVANTAGE to me in filing bankruptcy BEFORE the judgment (now is preferred so that I can go on with my life which has been destroyed)?…. and what will opposition do if they know I’ve filed for bankruptcy? Will they attempt to continue the case when they know the bankruptcy will go thru? If so, why would they continue the case?

2) Since I’m going to be filing In advance" of the judgement, can I "claim" the "injuries" they haven’t yet enumerated " …on my petition for bankruptcy? …or do I just “list the case” and say “amount pending”? THANKS.

I know about the "automatic stay" (keeps creditors (I currently have NONE and a perfect credit score I’ve worked hard to build all my life) from coming after you etc).

3) After I file for bankruptcy (I know it takes so many months to go thru), these additional related questions, thanks:

3a) what happens to the current civil case?
3b) what do i tell the judge? Do i have to tell the judge or just inform the other side?
3c) will i still have to finish the case (expected one more year of my life)?
3d) if we’re currently in discovery, will it / can it stop discovery / subpoenas etc?
3e) ….or…does it just “suspend” the case until the b/k procedings are over? …or does the case just continue on in real-time?

Thanks so much for answering all of these "sub-parts" to my ‘compound" question. They’re really important to my life and my families lives.
Ryan K,

That was totally useless. I can’t believe you actually answered 195 other people. You’re a joke.

I filed Chapter 13 in 2004 while I was in the military. Now I’m out and am about 0,000 in debt for medical bills. Will I be able to file for a Chapter 7 since I’ve already filed once before?
The lawyers that helped me file the first time never said anything about a Chapter 7. They told me that Chapter 13 was the only option available for filing bankruptcy.