San Diego Bankruptcy Lawyer

A. Yes!

Q. I don't want to declare bankruptcy, what other options do I have?
A.  We can negotiate with your creditors and try to work out a deal that you and your creditors can work with however, keep in mind that discharge of debt is generally taxable unless it's done through bankruptcy.

Q.  I filed bankruptcy about 10 years ago, can I still file it today?
A.  Yes, you can file a Chapter 7 eight years after your last chapter 7 filing.

Q.  I sold my car to my son 3 years ago but for insurance reasons we never changed the title over so my name is on it but it's really his car right?
A.  Wrong, if your name is on the title, it's your car for bankruptcy purposes.

Q.  Will the bankruptcy court take all my assets?
A.  No!  You are allowed to protect a large amount of assets.  This is a very complex question and it should be handled in person.

Q.  Can they take my tax refund?
A.  Yes!  Unless you declare it as a protected asset.

Q.  Can they take the money in my bank account?
A.  Maybe!  Whatever amount is not protected, they will take.

Q.  Can they take my retirement savings?
A.  No!  Everything that is part of an IRA, or section 401, 403, 408 or 457 of the IRA code will be protected.

Q.  I don't want them to take my Ferrari so I'll just give it to my brother the month before I file so they can't take it right?
A.  Wrong, that would be a fraudulent conveyance and the court would not allow that.

Q.  My Dad put me on the deed to his house as joint tenants so when he dies, I'll get the house, this isn't going to affect my bankruptcy right?
A.  Wrong, if you're on the deed as joint tenants, you own half of it!

Q.  Do I have to tell you about my time share in Hawaii?
A.  Yes, you must disclose all of your assets.

Free Bankruptcy Consultation, Call 858-240-2566 and set up a consultation with Jeffery R. Menard to discuss your individual options.