Posts Tagged ‘litigation’

Where to file bankruptcy?

I currently live in NH/ over 10 years. I own a mobile home and a car. Due to health reasomd I will be moving tp a warmer climate. Yhe house is in my name and PIF as it is old and does qualify for moygage so I pay my parents/ The house will be sold and the money will be a swap for a house where I relocate and technically is for my parents for loians to get me by during litigation. Much of my debt credit cards as I was in a MVA a few years ago by underinsured and dishonest motorrist- cc charges were fort medical bills and if used for purchases cash was tight and some medfical bills wete paid in cash so other needs where charged. I think I have 1 student loan nvut thought all were paid 12 years ago/ Loan is about 1200 cc debt is about 120000 and a few thousand of medical billls are remaining. I did wotk after accident but had surgery from said approximately 2 years after. I did my best paying off debts incured from 2005-2007 but after the surgeries which were kinda influenced by my lawyet as he enphasized need for medical end point even though I expressed there is no medical endpoint. Well my climb to pay devts started again after surgeries and additional disorder called Rsd. I did have LTD but they never paid as a doctor was paid off to fabrricate my evaluation when my job did not like what 2 other doctors concluded, which one of yhese 2 my work sent me to. After aan error on Socoal Securoty ceases ny income for 2.5 years, the feds granted the claim for SSDI. Besides stress of litogation, no income, age of digerative disorders SSDI was granted with an apology of the sort. I akso annulled a marriage within this time leaving me with deby from spouse who commited domestic violence on me and he chose to live off of me. I was also robbed of 5 figures of assets and lost alot of electrical utilities from lightning. I salvaged what I could and did not complrte insurance clai, as briefed to ageny as I was loosing hope and in alot of pain physically abd mentallyt. Years of litigation, paying medical bills, healy
th, etc I started loosing hiope and addressing many issues became to taxing but I did what I could and blockrd out what I couldn’t deal with mentally and financially. My parents lent me money to get by. I alsoi have 1 speeding ticket that I was under thje impression was dismissed. Well I got a letter recenrtly that stated it had veen 3 years and threat tp revoke my license, I alsp have a scar ocroissd my face that is a constant remonder of somr horrific times which will codt about 4000 to fix. I can’t handle another winterin NH as it is compromising my healyj and litigation has and cointinues to keep me from mty lovrf onrs. If my parents pass qwhile waitimhg for the litigation , it would devistate me. Additionally more medical problemsa have arisen due to tjhe weather, stress, and afe. I also have apptoximately 10000 in legal fees from the lawyer for ssdI who did not do his job, I did hid jpb and he wiithdrew representation as I mentioned consideration but planned to dicuss our relationship before making a decision and he wityhdrew vefore our meeting , as I ended up in hospital that day buit left vm in evening avout hospitalization. When I talked to him the next day he informed me that he notified social Security of his withdrawal. SS was one who informed me of incomplete and questionable lawyers effort and mentioned I shpuld consider terminating him. They did thos as a favor as they technically were to correspond with my council but they were quite hekpful and confirmed my concerns of lawyers incompleteness. Well, now he wants 6000 dollars for 1 days work/ I was ythe adjudicator with the congresswoman, Social Security judge and doctors. O had already elvaluated with states doctors, submitted 380 pages of medicsl records, went to 1sr hearing, filed an appel as my doctor still did not feel comfortable that it was safe for me to work. SSI;\ost appeal forms but it was emtered om ytheir computer that it wsd recieved 9 mpnths earlier per protocol and admitted error on theirr part;. such action hindered rehabilitation, medical treatment, quality of life, and blew my immaculate credit, and eventually had to cxcl health insurance and homeowneras insurance. If I fplr ch 7 or 13 and have to appear im court wiyh drawm out litigstiom I would noy file in NH I wpuld opt to fil whrm I move. Litigsyion eith driver from mvs or duit sgsimdt dtste id yoo much negstive emergy smd five years of my life here hsd beem merely existing xr1to exyemd it wouild devistate me uinless legsl counciul would hsndle my presence wuthout ,e or i would file st more desirsble state-whats your thoughtsI

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I am on disability and being called by debt collectors and attorneys, should I file bankruptcy?

Back in June I was terminated from my job due to my epilepsy, I hold nothing against the company as they did all that they could with an ADA accomodation, however my seizures caused me to miss to much work. I ended up getting approved for disability, being considered permanently disabled and now make 950 dollars a month, which is my only income. The loss of income forced me to drop out of college and now I have 70,000 in student loan debt coming due. I have been getting constantly contacted by different collectors and attorneys regarding many of my debts, 3 credit cards, totaling about 1,000 dollars, my pickup was repossessed in June and they are trying to collect the final 1500 dollars that they could not get from selling it, which is now being handled by an attorney threatening litigation. I also owe on a large number of medical bills, 6,000 owed for a balance with snap on tools, which the toolbox was stolen so I cannot return it, and many old debts that are beyond the states statute.

The only asset I have is my motorcycle worth 5,000 dollars as I have lost everything else and rent my home. Basically when comparing all of my liabilities to my income and my assets, I am insolvent and from what I have been able to find out basically "judgement proof"

I cannot decide if I should file for bankruptcy to try to get a fresh start since there is no way I will ever be able to get these debts paid down. I do know that there is the possibility of my student loans being discharged due to disability. I don’t really want to file but I am starting to think that either I will have to, or just keep putting up with many of the phone calls and send cease and decist letters to the ones beyond statutes. Does anyone have any suggestions on this?
I have already spoken with Sallie Mae in regards to my student loan debts, and they did advise me that I am in the rare circumstance where the loans can be forgiven.

As far as the motorcycle goes, it is my life, although I do not drive currently, as i know better, I don’t need to put other people at risk or myself, but the motorcycle is the one thing I refuse to get rid of, as it took me a long time to be able to purchase it, and it is more important to me than anything, including my own life. This may sound crazy, but my motorcycle got me through alot of times when I was depressed. Even my therapist and my doctors all say not to get rid of it since it is all that I have. As far as my debts do go, not including the student loans I am sure that I have over a total of 0,000 in debt as I had to have brain surgery 2 years ago and still owe for that along with a large number of epilepsy specialist visits. I have spoken with an attorney in the past and they have said I do have enough
As far as student loans being bankruptcy proof, I am well aware that they are in most circumstances, but there are circumstances such as being totally and permanently disabled, which by their definition means for a period of 60 consecutive months. I am certain that I will not be working for that long as we have had no luck in controlling my epilepsy so far. Many of the legalities on that I am aware of as I was majoring in accounting, and was only a couple of classes shy of graduating when I was forced to quit
Yes, that is correct, I am sorry my wording was off on that, while bankruptcy itself does not get rid of them, certain circumstances do permit the discharge of them, such as total and permanent disability. i have spoken with them and they are currently on deferment for hardship while everything goes through. It isn’t actually the bankruptcy itself that gets rid of them, but filing for discharge. I would definitely prefer to pay them off however, but with the cost of my medication each month actually being double what I receive in income and with medicaid refusing to cover them due to stating that they are not a preferred medication and refuse it even with requests from an epileptologist, I have no choice but to pay for them out of pocket until I can get approved for patient assistance. I am also in the process of working with vocational rehab to try to get me through school so that I can get a desk job as I am so limited on work that the only ones that I am able to do physically ar

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Is filing bankruptcy during a divorce without the other spouse's knowledge legal when property is involved?

My ex filed bankruptcy in Sep 2005, our divorce was finalized in June 2006. During this she filed without my knowledge and my attourney was not aware neither was I. Greentree finance company is the lien holder. I signed the security agreement but not on the loan, she included the house in her bankruptcy. She quick claimed the property over to me so it is in my name. I need advise please help, this in the state of Florida, they are tring to take my house and property. It is a moble home. We went to court on the 6th of April for forclosure, judge gave 120 days for litigation due to the property in my name. Is this legal what my ex wife did???

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Can I file for bankruptcy protection after being subpoenaed for debt collection hearing?

I have a k car note debt on its way to an attorney for a court hearing in the near future. I haven’t been subpoenaed yet. I have k in medical bills getting the run around from my health insurance and another -k that hasn’t even been filed yet by the doctor but may also be denied.

I can’t afford to have a court garnish my wages a single cent for the car note but can’t file for bankruptcy protection just yet because I’m waiting on the insurance company to either pay or deny. Until then, I won’t get a bill to put on my bankruptcy forms. Also, the other doctors haven’t filed their claims yet. They have up to six months to file a claim and it’s only been 30 days since my surgery.

Bottom line: it would be a waste to file bankruptcy right now over 11k when I have almost 100k coming up in the next few months. What can I do? After I get the subpoena I plan to just file on whatever I have and then hope for the best with the rest. Is that even possible? Are you allowed to file on something that is currently going through litigation?

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Can I file bankruptcy on a debt collection after receiving a subpoena for court?

I have a k car note debt on its way to an attorney for a court hearing in the near future. I haven’t been subpoenaed yet. I have k in medical bills getting the run around from my health insurance and another -k that hasn’t even been filed yet by the doctor but may also be denied.

I can’t afford to have a court garnish my wages a single cent for the car note but can’t file for bankruptcy protection just yet because I’m waiting on the insurance company to either pay or deny. Until then, I won’t get a bill to put on my bankruptcy forms. Also, the other doctors haven’t filed their claims yet. They have up to six months to file a claim and it’s only been 30 days since my surgery.

Bottom line: it would be a waste to file bankruptcy right now over 11k when I have almost 100k coming up in the next few months. What can I do? After I get the subpoena I plan to just file on whatever I have and then hope for the best with the rest. Is that even possible? Are you allowed to file on something that is currently going through litigation?

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