I paid an attorney to file a bankruptcy did the credit counseling online, its been a year and he still has not filed, and refuses to give me a refund. and now won’t even return my calls. what can I do? I am in the state of California By the way
is there some form of an attorney dispute i can do?
I have the retainer agreement, and it was supposed to be filed on an emergency basis due to the fact my landlord, was trying to evict me. that was almost one year ago. yes he is a real attorney. his name is michael wells in los angeles.

Technorati Tags: bankruptcy, credit counseling, emergency basis, landlord, michael wells, retainer agreement, state of california

I had a 3 year lease, my landlord lived out-of-state, he stopped paying the mortgage on the house I rented, used my rent money to pay on his home in TX and filed for bankruptcy when the IL house I was renting went into foreclosure.

I sent him notice that I was moving out in 45 days when I found out he was losing the house. I was current with rent, left the house immaculate (took pics, videos, and a statement from this real estate agent that I left the home in beautiful condition).

He agreed in writing to my move-out date, and also put in writing that HE broke our lease. I did not pay him the last month’s rent (00) because he owed me the 00 security deposit and another 5 in lawncare expenses and some smaller maintenance expenses (I have that in writing from him, too). As he had filed BK I did not feel he would pay me those monies which I why I did not pay the last month’s rent.

LOOOONG story short, he sued me for the last month’s rent, added on another 00 for the 5 days extra I took to finish moving out (he was not offering the home to rent to anyone else, no one was viewing the home – he lost no money as a result of those 5 days).

The day of court, I showed up with my attorney, all my paperwork, receipts, etc and my landlord did not show up but his attorney did. 11 months later I missed a follow-up court date as I was NEVER served or sent notice of the appearance and of course, a default judgment was made, plus fees for his attorney and court costs.

Sorry, long-winded – but here is my question: Can I sue the landlord for return of my security deposit, the lawncare service fees, etc – all the things I have in writing that he owes me? The attorney I had initially hired cost me 0 to show up in court the day my landlord did not. As he already filed for bankruptcy, if I won, he would have to pay me, correct? He is working – I know what company he is now at.

I am in IL and he is in TX which I understand has some kind of homestead rule where creditors cannot put liens on property or garnishee paychecks.

Thank you for advice!
Thank you both very much for replying.

The ex landlord filed his BK over a year ago, so I would think it would be completed by now. I figured anything he gets sued for after it is discharged, he would need to pay? I am certain the money he owed me was not included in his filing – I was never contacted by the court as a creditor.

I do not have funds right now to pay my attorney additional money (got laid off a few months back). So…no money for him – no help from him.

Regarding my getting served about the second court date – no I did not move. When I called the landlord’s attorney, he stated he sent me a notice via regular mail to my correct address. Did not get it. I am working on getting the judgment set aside, but as I found out about the default judgment more than 30 days after the fact, this is a bit difficult.

You are good folks for helping me out – thanks!

Technorati Tags: appearance, bankruptcy, bk, creditors, default judgment, foreclosure, homestead, landlord, lawncare service, maintenance expenses, money, monies, mortgage, paperwork, real estate agent, receipts, security deposit

My daughter recently saw her employee record and pre-employment background check. It listed her as HIGH RISK. She has a perfect credit history, college degree, excellent employment record and no criminal history. She phoned the background checking agency and asked why. They responded that she is HIGH RISK because she is my daughter and when I went through a life challenging health challenge and became disabled, I had to file for bankruptcy. Because my daughter was living at home at the time of my illness / bankruptcy, they say that makes her HIGH RISK. My health crises and bankruptcy should have NOTHING to do with my daughter’s life. Is this legal? If not, how do we fix this? Who knows how many jobs she has been denied because of the false HIGH RISK status!
She does not live with me. She has had two homes since this happened and nothing has changed this negative report. It simply cannot be legal for an agency to assign blame to one person for another person’s actions. If I committed murder, you wouldn’t also go to jail just because we lived together. If my current landlord files for bankruptcy, it has NOTHING to do with me. A child cannot be responsible in any way for their parents financial collapse due to a near death health challenge.

Technorati Tags: bankruptcy, college degree, credit history, criminal history, death health, employment background check, employment record, financial collapse, health challenge, health crises, high risk, history college, jobs, landlord, living at home, parents, risk status

I was laid off in February of 2009 and have not been able to find a good job since. I have been without medical insurance for almost 3 years and have to pay out of pocket for a required medication costing roughly 0 per month. I have moved back into my mother’s house (I’m 26) and I am overdrawn on my bank accounts every week just from paying off my car, my storage (I moved home from another state since I could no longer afford rent,) my medicine, groceries, and then attempting to make payments on my debt. I have spoken with a credit counseling organization (MMI) and they have offered me a plan by which I would pay them about 0 per month. This plan would entail 0 per month for debt payment, 5 for car payment, 5 for my student loan, 0 for medicine and 5 for storage of all of my possessions. This is 95 per month. It does not include food. It does not include emergency preparation. And it is also 0 over my monthly income.

Issue #1: I need a new job. On average, I apply for 20-30 jobs PER DAY. I have been told that, since the economy went bust, EVERYONE checks the credit of a potential employee. Obviously my current poor credit is enough to render me unhireable. If I declare bankruptcy, how much worse can (will?) my job hunting situation be? I currently temp at a front desk for just 30 hrs a week, no benefits.

Issue #2: I need to be able to move out of my mother’s house. She is very kind to have opened her home to me when I am in such need, and I try very hard to stay out of her way, but she makes it very clear that it’s a huge burden on her to have me around (I know she is right, but it makes it no easier). She is also 100% against me declaring bankruptcy, not only for the impact it will have on my life but for the stigma it will bear on hers. I need to be able to have my own place again. But, my current credit is so poor AND declaring bankruptcy would remain for 10 years on my credit report, that no one would possibly rent to me. Which is less devastating to a potential landlord? Terrible credit and a ridiculous debt-to-income ratio, or a recent bankruptcy claim?

Issue #3: My car is currently worth about k less than what I still owe. I have tried to sell it back to the dealership, they charged me k and even when I left the car with them, they immediately called me back to pick it up because apparently something in the undercarriage was repaired wrong (oh and getting my k back was a real hoot, let me tell you.) It has already been repo-ed once and I had to pay money I didn’t have to get it back. I have tried selling in private forums, I have tried refinancing, I don’t know what else I can do. No one will buy a car worth almost ten grand less than they’re paying. I want very much to keep it, but I can’t afford it. And yes, simply letting it go would COST ME MONEY. Dave Ramsay says, "sell the car." What would Dave Ramsay suggest in this situation?

Issue #4: I have no savings. If I declare bankruptcy, I will be living off of my income alone (my savings deteriorated during my time when I was unemployed, after which my debt increased exponentially. HOWEVER. If I declare bankruptcy and can divide my piffle paycheck so that at least SOME of it can go towards savings, then at the end of ten years when the bankruptcy falls off my credit report I will have something, instead of nothing. Or just…more of the nothing I have right now.

Issue #5: I can’t pay these bills. (see the price outline in the first paragraph.) Won’t these companies just sue me anyway, if I don’t declare?

Look. I love and respect my mother (who is not a financier.) I do not want to make her sad because her daughter went bankrupt before the age of 30. But let’s be realistic here. How much worse could my situation POSSIBLY GET if I declare, file for Chapter 7 and get my debts forgiven so that I may begin to rebuild.

I would very much appreciate ANY input, on a REALISTIC, REASONABLE alternative to me filing for bankruptcy. I have listened to "Financial University" by Dave Ramsey about 1000x and I’ve read Suze Orman’s books and seen her show.

It would bring me so much comfort, and I would so appreciate it, if my peers on yahoo who have experience or knowledge with this kind of thing could reach out and give me their honest, informed opinions.

Technorati Tags: 3 years, bust, car payment, credit counseling, debt payment, declaring bankruptcy, emergency preparation, front desk, good job, groceries, issue 1, job hunting, landlord, medical insurance, mmi, new job, poor credit, possessions, stigma, student loan

PLEASE someone w/sincere advice respond. Let me try to paint the picture: I got involved in too much debt around 18 yrs old. I thought I was helping by using my new "good" credit to co-sign loans etc, couldn’t keep up. filed ch 7 bnkrptcy @ 24, began to rebuild credt, got involved w/ a broker that said I could purchase a house A YEAR after filing. The #s differed @ closing from what we originally went over. I had already given my landlord notice, taken my mom out of a nursing home, promised my retired granddad a room, and adopted a dog from the shelter – I signed on the line. Shortly after I was laid off after 5 yrs w/ same company. tried to fix up to sell but found out home was worth less than i paid, took refi to repair & contractor split b4 work complete, tenant bailed on me w/out notice. WHEN IT RAINS IT POURS. I was STUPID i know, but what can i do now? owe so much, on unemplyment, renting, starting new job in 2 wks. afraid of what lawsuits will follow and wages taken… thanx!

Technorati Tags: amp, ch 7, granddad, landlord, lawsuits, loans, mom, new job, nursing home, wages, wks

I was laid off in February of 2009 and have not been able to find a good job since. I have been without medical insurance for almost 3 years and have to pay out of pocket for a required medication costing roughly 0 per month. I have moved back into my mother’s house (I’m 26) and I am overdrawn on my bank accounts every week just from paying off my car, my storage (I moved home from another state since I could no longer afford rent,) my medicine, groceries, and then attempting to make payments on my debt. I have spoken with a credit counseling organization (MMI) and they have offered me a plan by which I would pay them about 0 per month. This plan would entail 0 per month for debt payment, 5 for car payment, 5 for my student loan, 0 for medicine and 5 for storage of all of my possessions. This is 95 per month. It does not include food. It does not include emergency preparation. And it is also 0 over my monthly income.

Issue #1: I need a new job. On average, I apply for 20-30 jobs PER DAY. I have been told that, since the economy went bust, EVERYONE checks the credit of a potential employee. Obviously my current poor credit is enough to render me unhireable. If I declare bankruptcy, how much worse can (will?) my job hunting situation be? I currently temp at a front desk for just 30 hrs a week, no benefits.

Issue #2: I need to be able to move out of my mother’s house. She is very kind to have opened her home to me when I am in such need, and I try very hard to stay out of her way, but she makes it very clear that it’s a huge burden on her to have me around (I know she is right, but it makes it no easier). She is also 100% against me declaring bankruptcy, not only for the impact it will have on my life but for the stigma it will bear on hers. I need to be able to have my own place again. But, my current credit is so poor AND declaring bankruptcy would remain for 10 years on my credit report, that no one would possibly rent to me. Which is less devastating to a potential landlord? Terrible credit and a ridiculous debt-to-income ratio, or a recent bankruptcy claim?

Issue #3: My car is currently worth about k less on what I still owe. I have tried to sell it back to the dealership, they charged me k and even when I left the car with them, they immediately called me back to pick it up because apparently something in the undercarriage was repaired wrong (oh and getting my k back was a real hoot, let me tell you.) It has already been repo-ed once and I had to pay money I didn’t have to get it back. I have tried selling in private forums, I have tried refinancing, I don’t know what else I can do. No one will buy a car worth almost ten grand less than they’re paying. I want very much to keep it, but I can’t afford it. And yes, simply letting it go would COST ME MONEY. Dave Ramsay says, "sell the car." What would Dave Ramsay suggest in this situation?

Issue #4: I have no savings. If I declare bankruptcy, I will be living off of my income alone (my savings deteriorated during my time when I was unemployed, after which my debt increased exponentially. HOWEVER. If I declare bankruptcy and can divide my piffle paycheck so that at least SOME of it can go towards savings, then at the end of ten years when the bankruptcy falls off my credit report I will have something, instead of nothing. Or just…more of the nothing I have right now.

Issue #5: I can’t pay these bills. (see the price outline in the first paragraph.) Won’t these companies just sue me anyway, if I don’t declare?

Look. I love and respect my mother (who is not a financier.) I do not want to make her sad because her daughter went bankrupt before the age of 30. But let’s be realistic here. How much worse could my situation POSSIBLY GET if I declare, file for Chapter 7 and get my debts forgiven so that I may begin to rebuild.

I would very much appreciate ANY input, on a REALISTIC, REASONABLE alternative to me filing for bankruptcy. I have listened to "Financial University" by Dave Ramsey about 1000x and I’ve read Suze Orman’s books and seen her show.

It would bring me so much comfort, and I would so appreciate it, if my peers on yahoo who have experience or knowledge with this kind of thing could reach out and give me their honest, informed opinions.

Technorati Tags: 3 years, bust, car payment, credit counseling, debt payment, declaring bankruptcy, emergency preparation, front desk, good job, groceries, issue 1, job hunting, landlord, medical insurance, mmi, new job, poor credit, possessions, stigma, student loan

I have been sick over a year. I have been battling it out with social security and have not received any income since my illness. I do not own any property, not even a car. It got repossessed during my illness. I had to break my lease and stop paying my credit cards. My total debt is around 80K. My credit is devastated. I found out my former landlord intends on getting a judgement. I have no money, but am allowed to live for free right now because of my parents. I’m 26. I went to law school for 2 years before I got sick. I bought a NOLO book on bankruptcy, but it seems like the process is stressful and confusing. I don’t have the money to hire an attorney. Nobody else has tried to sue me yet. My family said they would pay up to 2K for a bankruptcy lawyer as like a birthday/christmas present, but I feel bad because they have already been paying for so much (my medical bills, me living in their house). Should I file this myself, wait, or get the attorney? There is no way I can pay all these people back at this point.
Oh I have a free consultation on Monday.

Technorati Tags: bankruptcy lawyer, christmas, credit cards, free consultation, judgement, landlord, law school, medical bills, money, nolo book, parents, social security

when i was a landlord last year i was found guilty of an illegal eviction. i filed bankruptcy to avoid paying my scum bag tenant any money. my lawyer said bankruptcy would protect me. is he right?

Technorati Tags: bankruptcy, illegal eviction, landlord, lawyer, money, scum bag

I was told by my landlord that he was filing chapter 13 and besides trying to get the rent from me sooner than when it was due his phone has been disconnected so he is long gone. So I was just trying to get some feedback on the ball park time line of how things come to be from this point. Any input is greatly appreciated.

Technorati Tags: ball park, chapter 13, landlord, park time, time line

my husband and I filed for bankruptcy about 4 months ago and our landlord has given us the option to buy our house. We would love to do that because we love our house! But I don’t want to walk into a bank and have them laugh us out of the bank.
A friend of mine that works for a small loan company told me that the safest loan to give is to someone that has just filed bankruptcy because we would not be allowed to do it again in another 7 years

Technorati Tags: 4 months, bankruptcy, landlord, small loan company

After Filing for bankruptcy our attorney assured us that our money situation would be taken care of. A little while after, our landlord told us that the utility company is sending her to collections for our debt, of course she is a little angry about the situation and told us that she is going to get a lawyer for herself. We have already tried to call our attorney but he is out of the office. Of course we will try again later, but I was just curious if anyone has had this problem, and can they really go after someone else for our debt?

Technorati Tags: collections, filing for bankruptcy, landlord, lawyer, money situation

I can’t get a new bank, I can’t get a good phone carrier, and I don’t know if colleges take credit into account when giving me financial aid. What should I do?
It’s not for a credit card. I just have bad credit
Well, Jerk, I am in debt. I’m in debt to 2 different banks. I’m in debt to T-Mobile. I’m in debt to my landlord. That’s all.

Technorati Tags: bad credit, banks, colleges, credit card, financial aid, landlord, new bank, phone carrier, t mobile

From what I know, correct my if wrong.

Large job losses and credit crunch have made consumers spend less. In return, retail outlets, tenants off GGG’s many shopping malls go out of business. Vacancy rates within malls go up. GGG, the landlord of these malls receive less cash flow to pay off its 27 billion debt from recent acquisitions. Also, GGG is unable to refinance debt b/c of credit crunch. Correct?

Are they filing bankruptcy b/c their tenants of the shopping malls are not bringing in enough income to satisfy their debts?

Technorati Tags: acquisitions, cash flow, consumers, credit crunch, debts, filing bankruptcy, ggg, job losses, landlord, retail outlets, shopping malls, vacancy rates

My husband and I are going to file bankruptcy as soon as we can get the lawyer money together. We have decided to voluntarily surrender our house to the bankruptcy and get a clean start. We are trying to find a place to rent now, that way we don’t have to hurry later. Should we tell the landlord that we are going to be filing bankruptcy? Also, are there any ways to help persuade the landlord that we will not default on our lease, in any way? Please, no comments on how filing bankruptcy is the worst thing to do. You don’t know our situation. Any suggestion are helpful, but please, no snide remarks. Thank you in advance.
My husband works for a very good company and has a five year contract with them. He grosses 00 a month. I am a student. I thought that might help.

Technorati Tags: filing bankruptcy, good company, landlord, lawyer, money, snide, suggestion

We signed a 1 yr lease to rent a house we have not even paid the deposit or any thing, and we decided not to move in. We filed bankruptcy and the landlord now wants some money out of us, but we have none. I have found online where it says that you can choose to end a lease or assume it. So choosing to end it, do I owe her money? I gave her 2 week notice that we were not going to move in like we agreed. If she sues me, for the amount of the rent for one year can it be dismissed in the bankruptcy? We decided to stay w/ parents to save our money to pay for the bankruptcy it seems we are too broke to go broke!

Technorati Tags: bankruptcy, landlord, money, parents, yr lease

i live in MI, and I still have two more months on my lease, but my landlord is already in bankrupcty, should I still pay my rent, my deposit is ,000 and my monthly rent is 1,860.00 I don’t know what to do, I am afraid to loose my security deposit money….

Technorati Tags: deposit money, landlord, security deposit

I was divorced last fall, in Texas, where I still reside. My attorney refused to ask my x for disclosure, so I did not know that my x had ,000 in credit card debt. The divorce papers say she’s liable for debts she incurred from the day I walked out on her, and for all debts that are in her name, which these 3 revolving accounts are. But, she hasn’t paid and yesterday, after getting turned down for credit, I checked my credit online and found out that two of her credit card companies have put charge-offs on my credit, a third one is about to, because she’s 190 days past due on it, and she never paid the phone bill so Embarq has put a charge-off on my credit, too, for 0, which is the least of my worries, but my credit score is barely over 400 now. Everything else on my credit shows "paid on time/as agreed". I’ve never made a late payment on anything my whole life.

I’m considering bankruptcy, but I own two homes (one is a rent house, both are mobile homes). The industry I work in is winding down and I had planned on moving into the landlord business. I’d planned to purchase an RV park, not only as a new career, but as my only retirement income, as well. I’ll be 50 years old in a few months. I don’t have years left over to build more credit.
Suing my x for whatever she owes me will not do any good, because she refuses to work, doesn’t have a job skill and will surely never pay me once I win in court.
My income is excellent, and I may make too much for Chapter 7. Also, one of my homes is in a mobile home park inside a city limits. My main home sits on 2 acres in a subdivision, outside of city limits. I’m concerned that if I file bankruptcy, I won’t be able to keep both houses. I also have two cars. One is a junker that my X trashed and gave back to me while the divorce was still pending. I owe less than ,000 on it. The other car is very nice, only 2 years old, and I owe a lot on it. I’m paying on all this, on time. My only concern is losing my homes and the good car.
Personally, I have no other bills besides the two house payments and the two car payments & their insurance. I have no revolving accounts.
Given my plans for retirement and my unsteady job security right now, which do you think I should do, file or consolidate just her bad bills and pay them off over time?

Technorati Tags: bankruptcy, chapter 7, charge offs, credit card debt, credit score, debts, divorce papers, embarq, home park, junker, landlord, mobile home park, mobile homes, retirement income, revolving accounts, rv park, trashed, two cars, whole life, worries

We are in great debt. We owe just about every one. My husband hasn’t worked in months and we were served eviction papers yesterday. We are about to have our utility’s shut off as well. I only make about 450 bi-weekly. Our family will have to be split up between family members until my husband gets back to work. That will have to be when we get our tax rebate. Our landlord has tacked on several fees to his statement of owed money. We paid our rent last month a little at a time. He claims we owe him 3000, when our rent is only 754 a mo. Will we be able to include this debt when we file bankruptcy? We have never filed before, and not sure how to go about it, plus we have debts that are several years old as well, could we include those too? Should we file before or after our court date with the landlord? Please, all your advice will help tremendously. Pray for US! Thank You.

Technorati Tags: bankruptcy, debts, family members, hasn, landlord, little at a time, money, tax rebate

The house I am renting, with a month to month lease, is getting inlcuded in my landlord’s chapter 7 bankruptcy. He is not keeping it, and I would like to keep renting it. Can this be done? Also I would like to buy the property and I don’t know if this can even be done and how to go about it. Any help would be great! Thanks!

Technorati Tags: chapter 7 bankruptcy, landlord

Landlord stopped paying mortgage for like 6 months and stopped foreclosure by filing bankruptcy on the day of the auction, and told us that bout her 3-6 months before she can file file for bankruptcy again, buying more time, CAN WE Leave?

Technorati Tags: auction, filing bankruptcy, foreclosure, landlord, mortgage