Frequently Asked Questions
Bankruptcy can be overwhelming and intimidating to a person encountering this situation for the first time. Don't worry! You don't have to figure everything out! This is what your attorney is for. The following questions and answers are from real emails received by the firm and answered by managing partner Eric Olsen.
Do you do chapter 12?Probably more than anyone else. Although a lot of cases are better filed as chapter 13's. You can call and schedule an appointment on the phone or in person with Keith Karnes at our office. It is always free to talk with us about your options.
In a chapter 13 how do they determine the value of a vehicle that you are wanting to keep? If the creditor is wanting to get the vehicle in the next week and we have
retained you but don't have the paperwork returned to you can the creditor come and get the vehicle?Secure your vehicle. Trade it with a friend or relative so the repossession
agents can't find it or keep it locked up in the garage. We can cram down amount you will have to pay for the vehicle if you have owned it more than 2 1/2 years. Value is generally based on Kelly private party value.
Please call our office and we can explain more about this to you.
What are your rates for Chapter 7 bankruptcy? I was laid off in Jan 2010 from $6,000 a mo, now receiving unemployment $2,200 a mo. Debt load is approximately $70,000, excluding mortgage and auto.First you may need to wait to be able to file a chapter 7 as under the means test they look at your income for the last six months. Your unemployment is exempt so you are in NO EMERGENCY. The fee depends on the chapter of bankruptcy and to some degree the complexity. Filing a bankruptcy is not like buying the same model washing machine, meaning you look for the cheapest price on a certain model. There are strategies involved to help clients and save money in almost every case You probably have options you are unaware of. It is always free to talk with us about your options.
I have had a change in my income and struggle to pay my mortgage, loan, and credit card payments. I also owe back taxes to the IRS and on my property. Is there anything I can do about this?We can do something about every single one of the things you mention. Simply call our office to go over your options. You will be fine.
Is there a time limit from time of retaining lawyer and filing? Is there help with the filing cost?Time limit- no just practicality. In regards to cost many people don't need to file bankruptcy- at least right away. They don't make enough money, or the creditors are not suing them, or any number of other reasons. This gives them time to raise the money to file the case. For people that are being harassed by creditors when we are retained for $200 they may refer their creditors to our office. The
says they must then stop communicating with you. Also it is always free to talk with us about yours. I am sure you will be fine.
I filed for bankruptcy in October of 2002, your firm represented my husband and myself. I have since been divorced, had a home foreclosed on , had vehicles repossessed, have 15,000.00 in credit card debt due to the divorce. I would like to to get out from under all of this including a second mortgage of $40,000.00 that the company is still trying to collect. I need some advice on what to do. Your firm was great to work with that is why I am coming back. If you could let me know when I can schedule an appointment that would be great.
First you can always call us or come in to see us and go over this for no charge- you know that. In order to file a chapter 7 it must be 8 years which would mean this coming October. That is seven months away and I would bet they would not sue before them. If we needed we could file a chapter 13 now as it is only 4 years wait to do that and it can be designed as a chapter 7- not paying the unsecured creditors. Bottom line is you do have options and you can call our office to schedule an appointment either on the phone or in person whenever you would like. Everything will be fine.
What happens if our house goes into foreclosure but there is no other debt? Should bankruptcy be filed?It depends. Do you wish to keep the home? You can stop the foreclosure and resume payments and cure the missed payments through chapter 13 bankruptcy. (It may be possible to eliminate a 2nd mortgage also) If you have one mortgage and do not want the home there is normally no deficiency judgment- the home simply goes back to the lender at the foreclosure sale- then no need to file a bankruptcy. If there is a 2nd mortgage and there is a foreclosure, the 2nd will most likely not bid at the sale and it becomes an unsecured debt that could cause problems requiring a bankruptcy. It is always free to talk with us about your options.
I have been doing a debt reduction plan since last July. I am still being sued by a creditor and am still having hardships with making payments on bills. Can I file bankruptcy? How much is it and how fast could it be started?Most of these debt reductions actually do not help people. Bankruptcy is certainly an option. On our home page click on emergency and it will go over the details. It is always free to talk with use about your options. The cost depends on the chapter bankruptcy and to some degree the complexity. And these things always seem to work out. You will be fine.
When we meet with our trustee at the meeting of creditors what options will our creditors have? Are they required to take whatever payment they are given by the trustee or can they say unless we are paid the full we want our property back?This is America right? Anyone can object to anything. Right? Will they? Likely not. Will they succeed if they object? No. If there ever is a problem we work it out. You will definitely not lose any property.
Hello. I have always had very good credit and pay my bills. But a year and a half ago my husband walked away from our newly purchased home (mortgage) and left me with about 28,000 in credit card debt. I have managed through my savings and my children moving in with me to make it for this long but cannot any longer. I only bring home $1600.00 a month and the mortgage payment is $1263.00. Utilities and credit card payments are an additional $1300. I haven't started a divorce because I thought I could sell the house before I started that..wrong. I owe $185,000 on the mortgage and when you add $10,000 for Realtors. I did not get one offer on the house. Where do I start?
Yes you do have options- probably more than you can imagine. Simply call our office. You will likely talk f
t with an experienced law clerk who ask you some basic questions maybe suggest some possible options then will set you up either with an appointment with one our attorneys either in our office or on the phone. Bottom line is is you will be fine. These things do work out. We have been doing this for years. Our experience is extensive. It is always free to talk with us.
I became ill last year and can't work. I am a 30 year vet. I was forced to retire early before I had planed. Now i can't work and i have to live on a 1000 dollars less each month. I am waiting on social security disable to go through but for now i struggle to take care of my Family. What do you advise?
Look at our website http://helpsishere.com. The HELPS program is part of our options to our clients. Call us to go over your options. You will be absolutely fine. You have nothing to worry about concerning the debts.
I would like to speak to a rep on Monday morning to discuss if a bankruptcy is right for me and my family. I have a summons to appear in court(respond within 30 days) from Citimortgage for my second mortgage and nothing from my primary mortgage yet. My primary mortgage has sent back a partial payment. Whether we keep the house or not we are tired of fighting to make payments. It was a mistake for us to assume we were ready for home ownership.
The 2nd mortgage has elected not to foreclose but to sue on the note. The 1st has refused payment because you are in arrears and will be starting a foreclosure. If you can afford the 1st and like the home you could file a chapter 13, stop the foreclosure, resume 1st mortgage payments and cure the missed payments over 5 years through a chapter 13 plan. Normally your other unsecured debt including the 2nd mortgage debt would be wiped out. The 2nd mortgage would no longer be a lien. If you don't want to keep the home or cannot afford the 1st then you could file a chapter 7, eliminate the unsecured debt and stay in the home rent free for around 6 months, perhaps longer while it is going through foreclosure. The lawsuit being filed is rushing your decision. You can always call us to go over your options. And don't worry these things always have a way of working out.
I have some outstanding debt I need to file bankruptcy on. I was wondering if I got married before I filed can I still file just on me without hurting his credit or do I need to file before we get married??
You can file before or after you are married and his credit is not impacted. However, if he is making a lot of money we may want to file before you are married because your domestic partner's income whether married or not can prevent you from qualifying you for filing a chapter 7 and force you into a chapter 13. Of course if you are living together now then it won't matter. Best to call us and go over these matters. Bottom line even though his income may be a factor for you. his credit is not impacted by you filing a bankruptcy before or after you are married. It is always free to talk with us about your options.
I'm seeking a Chapter 13 attorney with experience in bification and cram down on first mortgage of $478,000 on primary residence now worth $275-$325,000 in AZ. I now am resident of Eugene OR since Jan. 1, 2010.
There is no such thing as a cram down on a first mortgage. Do you mean "bifurcation?" If you mean do we file chapter 13 and strip 2nd mortgages the answer is yes and we do it all the time. Look at our website where this is discussed. Whether it would make sense to do this on your Arizona property I do no know. You would need to call us to go over your situation. You have to be resident of Oregon for 91 days before you could file any form of bankruptcy here. You have to file bankruptcy in the state where you lived the greater part of the last 180 days when a person files a bankruptcy.
We are filing Ch 13 and have recently retained your firm. We are gathering info for our packet and have been advised to file in March.
My question is: We have two checking accounts, one with Wells Fargo and one with Central Willamette Credit Union.
We have pretty much kept everything out of the WF acct because a lot of our debt is through WF. We were advised to miss our second mortgage payments
which are automatically withdrawn from the WF acct. Now we have a 35.00 NSF charge and they are charging 5.00 every day that we do not put funds in
the checking acct. Should we leave it or add funds? Please advise.You can bankrupt on that- I would not pay them a penny.
They never took money out you didn't have it in there so they just charged you a NSF fee right? A pox on their house. Have a great day.
How long before credit card companies start to garnish wages? And how can we find out if my husband's pension is judgement-proof?
They have to get a judgment first which means you have to be served with papers and have 30 days notice.
And they probably won't even consider that until the debt is in default for a minimum of six months probably longer.
Your husbands pension is just plain exempt, period- that means judgment proof. It is always free to talk with us about your options.
Is filing Chapter 13 an option for me? I finally sold my condo in May 2008, before I owed more than it was worth, and before I was foreclosed on because I was unemployed for about 4 months with no unemployment insurance. I downsized to an apartment. I paid off my car, and was starting to pay off my credit card debt when I was diagnosed with Type II Diabetes in May 2009. Because of my illness, I was out of work for 2 months under FMLA - my job was secure but I used up all my savings paying bills and medical bills.
My credit card debt increased to make ends meet, and I was unable to pay much on my taxes. I currently have a payment plan with IRS for 2008 taxes, but now will owe approximately $6000 to Federal & State for 2009. With the new credit card law, my payments have all increased and I only have about $250 a month to live on after bills - which is money that should be coming out of my paycheck for taxes. I don't have late payments so my credit is good, but my ratio of debt to income is very bad. This stress aggravates my chronic health condition, and I've missed precious time from work. I am a very proud divorced woman who raised two wonderful children by myself, but I can't do this anymore. This is very difficult for me -to contact you - but I felt I could do this when I checked out your website - it makes me feel that it is possible that I can be free of this stress. Can you help me? Yes I am sure we can help. You need to understand that bankruptcy was designed for instances such as yours and all these laws originate from the Bible. People should not blame themselves when faced with these difficulties. These circumstances you discuss were beyond your control. It is always free to talk with us about your options. And you do have options.
Have we been assigned a case number yet for our Chapter 13 filing? I have paid the $200 yesterday the retainer and I'm working on the packet. B of A told my wife until we have case number for them to put on their computer we will still be getting calls.You do not get a case number until the case is filed with the court. That is not done unitl we have all the fees paid, paperwork, we prepare the petition and you sign the paperwork and it gets filed in court. Each time B of A calls talk to them get the name of the person you talked with time and their number etc. When you have about 5 of those calls written down after you have told them each time you are represented by an attorney contact Alie at our office email@example.com and we will likely then sue them for violating the unfair debt collection laws.
My husband and I filed Chapter 7 BK with your firm on March 24, 2002. With the new laws I understand we must wait 8 years to file CH 7 again. So is that date 8 years from FILE date or 8 years from discharge date???
8 years from the file date for chapter 7 and 4 years for a chapter 13 which can be designed to be like a chapter 7 and wipe out the unsecured debt.
If we file chapter 13 then we can strip the second mortgage off our home if the second lender challenges the Comparable Market Analysis ??
Review our home page and click on How to strip a 2nd mortgage. A few second mortgage holders challenge, primarily Credit Unions and American General and several others- about 10%. In each of those cases they have dropped the challenge or we have negotiated a settlement. I guess it depends on how sure we are that your home is worth less than the first mortgage. If you walk from the home the 2nd mortgage will never pay off the first to protect its lien therefore they know if you walk they get nothing. Therefore you are holding all the cards. Understand?
After meeting with Mr. Daines today I would like to just clarify a couple of questions.
If I was current on my first mortgage and I have a 2nd and 3rd mortgage that are not current, can I file a Chapter 7 to keep the house. And what happens to the 2nd and 3rd mortgage?
Also in your information on your web page regarding getting rid of the 2nd mortgage it states that there is a possibility the 2nd and 3rd could contest the elimination of the 2nd and 3rd and you would have to pay them a settlement amount for the term of the bankruptcy. So there is a possibility that you will be paying on them all even with a Chapter 13.
Next question - regarding my Nissan Murano, since it is paid off and worth around $13,000 how would I be able to keep that?
1. Chapter 7 does not allow you to strip or eliminate a 2nd mortgage ONLY a chapter 13
2. Anyone can contest anything right? right. If your home is clearly worth less than the first then assuredly no problem. On those cases where it is questionable we most often settle for a discounted amount.
Look on our home page and click on How to eliminate a 2nd mortgage. It explains things simply and completely.
3. This would be a problem in a chapter 7. However in a chapter 13 we pay the creditors some money through the chapter 13 plan to the creditors to account for the non exempt equity you have in the car. Thus you keep the car. Got it?
My only income is my ssd and my kids ssb. I do not have any property and don't own a home. I do have an old van. I have debt collectors telling me that there going to sue me. What should i do? I have very little money to take care of my family.
You have lots of options. One includes our HELPS program which means "help eliminate legal problems for seniors and disabled." The cost is minimal gets creditors off your back without filing bankruptcy. Call our office to go over your options. It is always free to talk us about your options. You will be fine things work out.
I just received a notice from Default Resolution Network that our home is scheduled for a sheriff sale on January 22nd. We are in chapter 7 bankruptcy, converted from chapter 13. We are now back on track with income and would like to try and save our home. Is there anything we can do at this point?
Yes there is. It does not appear you are our client. In any event it is possible to file another chapter 13 to stop the foreclosure and catch up on missed house payments. Even after you have filed a chapter 7!
This would not be a conversion but an entirely new case. Simply call our office to go over your options. It is always free to talk with us about your options while making these decisions.
Can credit card companies sue me after I file a chapter 7? Will my home or car insurance go up after ch7? Do people usually find it hard to obtain employment after ch7?..THANK YOU VERY MUCH
Answer to question #1 NO
Answer to question #2 It should not.
Answer to question #3 NO There is a specific provision in federal law that prohibits discrimination in employment because of a bankruptcy filing.
I have a car loan. If I declare chapter. 13 bankruptcy will my car go back to the lender and I owe nothing. My car is probably worth less than I owe on my loan It is up to you what to do. If you have owned the car for more than 2 1/2 years we can put the car in the chapter 13 and you only have to pay what the car is worth over the term of the plan. This often results in the car payment being lowered drastically. If you have owned the car for less than 2 1/2 years it can still be paid through the plan and often the payment and interest is lowered. Or if you simply don't want the car it can be rejected and normally nothing is paid to the lender. It is always free to talk with us and go over your options.
Will I lose my 401K if I file bankruptcy?
An emphatic NO! Have a great day.
I have finished my bankruptcy. The Court has notified me that I need to take a second debtor education course. Where should I go?
Olsen Olsen and Daines wholeheartedly endorses and recommends Evergreen Debt Counseling. They offer a five dollar discount to our clients. They are much easier to use than the competition and treat our clients very well.
I met with Mr Murray yesterday- I am probably going to file Chapter 7. I need clarification on some of what he said:
1. I am 2 months behind on my house payments - He said to wait through foreclosure for a final date to move then file?
2. I think he also said not to pay any credit cards between now and filing? How long before they come after me?
3. I need to put $200.00 down and then pay the rest before filing can be done - Can I make monthly payments to your office?
4. When do I turn in the paperwork he gave me? un
5. Do I need a credit report now or wait until after bankruptcy?
6. I own outright a 1989 BMW worth about $3,000 - Do I sell it or can I keep it?
7. I definitely want to keep my work truck - I owe about $24,000. Will this be possible? Is it a secure debt? I can afford the payments.
This website has great information and I really appreciate your answering all my questions.
1. I am assuming you are not keeping the home. You can stay in the home through foreclosure and move after the foreclosure occurs. Free rent. Or of course you could move sooner all your choice. 2. Don't pay the credit cards. Not an exact science on when they come after you but not unusual for it to be at least six months or more likely longer. 3. We are retained for the $200 and you can pay then how you choose. We just need all the money before the case is filed. 4. After we have been paid. 5. You probably never need a credit report unless you have amnesia 6. Keep it if you want it it is exempt 7. Yes keep the payments current. Finally, review the form "Bankruptcy Filing Process" and the eight steps outlined there. Follow it and it will not lead you astray.
I have a credit card that I defaulted on with Wells Fargo. My checking account is also with Wells Fargo. Can Wells Fargo take money from my checking account to cover any amount for my credit card? Should I change banks?
Yes they can and yes they will and yes you should change accounts.
I have secured and unsecured debt that I would like to file chapter 13 on. Are both included in the Chapter 13? Or just the secured debt?
Both are included and normally the unsecured debt is wiped out.
Why do you advise me to terminate my credit union account?
Credit Unions will terminate your banking privileges when you file bankruptcy if you owe them money. We advise you this to save you embarrassment. Credit Unions follow the same policies. As follows is an extract from the membership agreement common to all credit unions: Grounds for Expulsion from the Credit Union or Denial of Services (b) you cause the Credit Union a loss in any way (including but not limited to unrestored account overdrafts, bankruptcy or loan charge off.
My husband and I live in a mobile home park we will be filing bankrupcty with your firm in about three weeks. I was wondering if we continue to pay the parks space rent is it possible to stay in the home until we can come up with money to get into a rental? will probably take us two months to save up after we file.
Yes pay the space rent it will take the home lender a lot longer to do something. But I would pay the space rent since most mobile home park operators are from outer space.
We have a 2006 Toyota 4 Runner where we owe about what it's worth. We are going to file in early June. We need more room in a car, so is it an option to trade it in before filing, waiting until after we file, or just not a good idea in general?
It's probably a bad idea to trade it in. It would be better to simply buy another car WITHOUT trading that in. When you trade in a car in which you have no equity then the lender on the new car ups the price to cover the cost of paying for the loan on the car he is taking in. You have no equity so that option is "not a good idea." If your credit allows it you could purchase a car before the bankruptcy as long as the payment is affordable. Another option is to purchase an older car at much smaller price or even a old cheap car that is mechanically sound of which there are many for cash. Craigslist offers many such opportunities. If your income is limited that is the best option.
I have several thousand dollars in debt. Including car loans, credit cards, medical bills, cell phone bills, money to banks for overdrawn accounts, and several other things. I am unaware of my credit score. I live on social security benefits from my husband dying. My income is roughly 1400 a month. I was fired from my job in July. I NEED TO FILE BANKRUPTCY. I don't know if I have another choice. 1 car loan I am over 2000 behind on payments and just waiting for them to pull up with the tow truck. The other car is being paid by someone else who refuses to give the car back even though I have asked many times. I need to get the ball rolling ASAP.
We can absolutely help you. If you really need the car we can file a chapter 13 and you will keep the car. Depending on how long you have owned the car you only have to pay for the value of the car NOT what you owe over a period of three years or longer if necessary. All the other debts are wiped out. If you don't need the car then chapter 7 will simply wipe out the debt. You will have to talk with us about the other car situation. Bottom line we need to ask some basic questions to tell you how to proceed- call us during the day and someone will be able to talk with you.
Can I file chapter 7 on a second mortgage that has been charged off and sent to collections?
Absolutely. That is often the tipping point that requires a chapter 7.
We own our house and a business. We are not behind on any bills and have A-1 credit. We cannot sell either business or house at this time and are afraid that we might be heading toward bankruptcy. We will soon run out of savings to keep us afloat. Are we candidates for a consultation to see what our options are?
Absolutely. You can call us on the phone or come in to see us. Either way it is free and you can talk to us as much as you need to at no charge until you decide that you are going to need our help. We are very happy to suggest to clients a solution that doesn't involve bankruptcy. So by all means give us a call. I am certain you have lots of options that you never even dreamed of.
Due to an extended disability my Stafford Student loan is in default. How will filing for bankruptcy affect this?
You are aware that bankruptcy does not discharge a student loan. However during the period you are in a bankruptcy chapter 7 for 4-5 months or chapter 13- up to five years the student loan cannot attempt collection. Generally student loans are not very actively collected. A lot of smoke from letters and threats but very little fire in the actual garnishment of wages. However when they do actively collect they usually just issue a garnishment without filing a lawsuit which is allowed for student loans for 10 percent of your net wage.
I've reviewed my options, completed the counseling course and want to begin the process of filing for chapter 13 bankruptcy. I lost my biggest client and I'm a year behind on my house payments, my car was repossessed yesterday. I have secured 2 new clients and can begin making monthly mortgage payments, but can't pay back payments. I'm hoping to be able to repay home, vehicle and about $1700 in credit card debt. I filed chapter 7 in 2003 so not sure if I even qualify to file chapter 13. My home is worth $449K and I owe $396K, I bought the home with the intention of gaining equity annually but that hasn't been the case. I would be okay selling the home (my son just went to college, my daughter is a junior in high school), but there are 4 homes for sale on my block of 10 homes that have been on the market for at least a year and I don't believe that's a viable option. I don't want to go through foreclosure. I've tried to work with the mortgage company, but they want down payment for some back payments which I'm unable to do. My loan is at 11% and of course there's no possibility of refinancing. I put $40K down on the house, put in landscaping and have paid mortgage interest payments, I hate to lose all that investment. What are my options?
Under chapter 13 you can stop a foreclosure and resume payments. You make a payment to a trustee in a chapter 13 plan to cure the missed payments and the unsecured debts can be wiped out. The big question is can you afford to make your house payment? If the answer is yes then we can file the chapter 13 to cure the missed payments. As far as equity you have very little or even perhaps none. So the for you the question to ask yourself is does it make sense to keep the home? Call us to discuss your options. We have been doing this for years and can definitely ease your concerns and talk about various options. Things always have a way of working out.
We have already bought a home last November and have been keeping that current. The only thing is I don't want someone selling off our property. We don't have much to begin with. Would a Chapter 13 be better??
You are allowed a homestead exemption and your home will be no problem unless you made a huge down payment. Chapter 13 is normally used where you are in default on home, owe taxes or past support, filed another bankruptcy that prevents you from filing a chapter 7 now or have excess assets. Probably none of these conditions you have. Remember you can always call to go over your situation in confidence by phone with no obligation- just get questions answered.
One of our credit cards is an electronic withdrawal from our checking account. The payment is coming up on April 9th. We had set this up trying to catch this account back up before we decided to file bankruptcy. Do I need to cancel this since it is one we are claiming bankruptcy on?
Contact your bank and terminate the electronic withdrawal. It is your money and you tell the bank what to do with your money, Since you will be wiping out this credit card balance in bankruptcy any further payments would be a waste!
I have no job, the only thing I own is a 1998 pickup. I had to have emergency knee surgery & have thousands of $$ in doctor bills plus various other bills I cannot pay. I can have a family member pay for me to file Chapter 7. Is this something I can do?
Yes you can do this. You can also do nothing until later perhaps when you go back to work. You are judgment proof. That means the creditors cannot do anything to you. You are in no emergency. Have a great day.
I was divorced a year ago have two teenagers and could not keep up with credit cards. I now receive multiple calls a day from various companies on my cell and at work. How can I make this stop and what can I do? I had filed bankruptcy in 2001 with my first marriage and I'm struggling on my options. I work at HP and we have just received a pay cut as well. I worked with Consumer Credit Counseling and was denied due to my income is too small for my debt. My debt is growing out of control due to the late fees, interest fees and over the credit limit fees. Please advise me of the steps I can take. Thank you very much.
You will be fine. You qualify to file a chapter 13 which can be designed to wipe out the unsecured debt. You can call our office to go over the options and/or make an appointment to talk with us in our office. Always free to talk with us about your options. Have a great day.
I have no job, filed for SSDI due to health. I have no property, 1998 Mercury Tracer Wagon that needs repairs, but I own it. Besides furniture, sewing machine, other personal items, I don't have much. have tried to sell off what I felt I could sell. in regards to bills I owe, I have a few medical, I have student loans, as well as a few judgments from previous landlords due to evictions, besides the usual bills. since I don't have copy of all bills, can I use the info on credit report, and file for chapter 7. I live in apt where HUD pays rent. how much would I have to pay so that I could file? Thank you.
You probably don't need to file for bankruptcy since you are judgment proof. Bankruptcy is pretty expensive around $1500. On our website homepage we have a link to our helps program click it and look at it or call us on Monday. That will get the creditors off your backs. HELPS stands for "help eliminate legal problems for seniors and disabled."
My mother is working part time and also receives a social security income from my deceased father. She is 74 years old and wants to retire, however she is in fear of quitting her job from harassing phone calls she is getting from a creditor (credit card). They are constantly calling her at home and at work and will threaten to take all funds from her checking account, her social security checks and tax returns. Lately they have threatened to come in and take possession of her home and leave her homeless if she does not pay on this particular credit card account. The calls to work have gotten way out of hand - one gentleman in particular will call and ask to speak to her manager and has threatened to talk to her manager about her debt, then telling my mother she will be fired from her job and will end up homeless. Another new tactic is they will call her home, pretending to be offering a "new" credit card account with a company they won't reveal and tell her that they can transfer the balance from her existing cards to this new account. She once said she was interested in hopes of getting the current creditor off her back and at that point they revealed who they really were and then "attacked" her and asked why she could pay on a new credit card and not them.
I have told my mother repeatedly that she needs to tell them immediately that they are not allowed to call her at work, however she gets very intimidated by the creditor and she ends up crying and getting upset. My mother has an attorney she went through for a bankruptcy about 4 years ago, however he simply tells her yes, they can take all the funds in her checking account and yes they can sue her (which I'm sure they can).
I would very much like to see my mother retire and live a happy life, but with these harassing calls it is not possible at this time. Is there anything your firm can do to help with this ? I understand there are some fees involved and I am willing to take the financial responsibility for my mother. Your mother needs to talk with us. And if she is right about what the attorney told her that attorney is an idiot. Your mom very well may have a decent unfair debt case. She can also participate in our HELPS program detailed in our website or type in helpsishere.com for seniors that cannot afford a bankruptcy. You need to shake your mom awake! She can make a telephone appointment with me personally and speak for free about her options. Please insist she do this. There is no reason she has to go through this crap.
My wife and I wanted to know if bankruptcy will affect our income tax filing? There are NO tax ramifications when someone files bankruptcy. This means that the debt that is not counted as income. You don't have to pay taxes on discharged debt!