plz plz help

[yanni]

hi guys iam new in here and i have a question and i need help plz as soon as possible , i was a legal resident in the u.s and i left the country in 2006 and i didnt know if u stay outside the country more than 1 year that u lose your status , so i got stuck and i failed to get back and my wife got stuck with all the bills and now she cann't afford paying the bills , so she started borowing money first to pay an attorney for me and we switsh 3 lawyers within the last year and she end it up oweing $60.000 total, my wife is a disable for life and she cann't work , she have a workers comp and she's been fighting her case since 2003 and she's getting little money every month ($900) and its not enough to pay her bills. so 4 days ago she got served and it was a letter from chase bank and thet'r suing her bcoz she owe them($10.000) and it was sighned by the clerck from the court and they'r giving her 30 days to respond and there is a legal form that she must fill out and we dont even know what it is. and they'r giving her 2 court dates for some reason we dont know why one in may and one in nov. so now my question is she's trying to file bankrupsty (section 7) and we dont know if she can file it or is it too late bcoz of this lawsuit? can someone help me plz? she lives in california and we dont know what to do now and what steps to take ? can she file it? and lets say she file she's expecting a settlment from the workerscomp within a year can they reopen the case later on and ask her to pay? and can she keep her car? we dont even have money to pay for food so we cann't afford an attorney can somebody tell me what can she do plz? i appreciate any answers

[Flamingo]

You have a complicated situation. You don't state whether or not you are still out of the country so I am assuming there are legal issues there due to what you are stating as to going through 3 lawyers in one year. As to your wife's situation, she needs legal advice from a bankruptcy attorney. Many, if not all, bankruptcy attorneys give free initial consultations. Have your wife locate one in the state in which she resides and call and make an appointment. She needs to take with her a listing of all bills, monthly payments, assets, sources of income, paystubs, and the last tax returns, state and federal. As to the Workman's Compensastion upcoming settlement, she needs to ensure she brings that up with the attorney and he will advise her accordingly. Best of luck to you.

[FreshLikeADaisy]

Yanni, Flamingo was right, many bankruptcy attorneys offer free initial consultations. But your wife is probably very eligible for Legal Aid services in the town she resides, which offers free legal representation to people too poor to afford an attorney. She should be able to look up Legal Aid in the phone book or online and go from there. Good luck!!!

[yanni]

thnx alot guys i appreciate it , the most important thing for me to know if she's eligible to file bcoz i dont want her to go to jail and also i was wonder why there is 2 court dates? may and nov this is really strange

[FreshLikeADaisy]

Yanni, there is no debtor's jail in the United States: you can't be arrested simply for not paying your bills. Good luck!!!

[yanni]

thnx alot i appreciate it , but can u or someone give me some tips about that letter plz? the 30 days to respond letter? can she just say iam not working and iam disable or what exactly? and does anybody know's the form number?

[chpxiii]

Yanni, she will need to consult with a bankruptcy attorney who can get familiar with your and her case and advise her accordingly.

[yanni]

thnx alot guys i appreciate it

[yanni]

does anybody know the name of that first form plz? i mean the form to respond to the court? and the second question is ,she still have some good credit with sears and jc penny , so if she files the ch7 will she lose those cards or she can keep that credit? thnx in advance guys

[danaf]

Is the $900 she has every month money she earns, or money she is receiving for disability?

If legal aid doesn't help, she might also want to consider a document preparer. They are licensed in CA and should only cost around $200 for a bk. Plus she'd have to still do the debtor education courses - 1 before filing and 1 after at around $50 each. She could also apply for hardship with the court to waive the filing fee (I think it is $299). Check out California's bankruptcy court website for more information.

The forms are probably too complicated for her to fill out on her own (if English isn't her first language & she isn't up on bankruptcy laws). And I've read other posts about people having a reall difficult time with legal aid, so I just wanted to provide you & her with other options (ie. document preparer & asking the court to waive her filing fee).

[danaf]

regarding sears & jcpenny credit - she will most likely loose those priveledges if she files bk. but then again - at only bringing in $900 a month, barely able to buy food - why in the hec would she want them or any other type of credit at this point?

[yanni]

hi danaf and thnx for your respond. actually the $900 is for her disability from her insurance company and this is all the income she gets right now . and hopefully we will catsh up bcoz she have 15 days now to respond to the court .and do u know if there is any BR probono lawyers who will take cases like that? english isn't her first language but she has been living here for 30 years but this is not the issue . the problim will be with the attorney's fees and hopefully she wil be able to get some help. and i didnt knlow she will lose those cards even if she doesn't owe them . thnx alot

[Flamingo]

hi danaf and thnx for your respond. actually the $900 is for her disability from her insurance company and this is all the income she gets right now . and hopefully we will catsh up bcoz she have 15 days now to respond to the court .and do u know if there is any BR probono lawyers who will take cases like that? english isn't her first language but she has been living here for 30 years but this is not the issue . the problim will be with the attorney's fees and hopefully she wil be able to get some help. and i didnt knlow she will lose those cards even if she doesn't owe them . thnx alot

Yanni - You or your wife will need to contact Legal Aid in your area. Your wife can find out the number or location for her area by calling a main number for California Social Services which should be listed under the "State" information in the phone book. Or your wife, since there is a language issue, can find it out from any supporting state agency in her area. With the income limit, there could be hardship and she would be eligible for Legal Aid. Unfortunately, she has to do it or have some friends/family call and then take her there. There is help available but she has to find it. She needs some legal advice/assistance so things are done correctly for her. If there are lawyers that do pro bono bankruptcy filings for hardship cases, Legal Aid would have that information. Best of luck to you and your wife.

[yanni]

thnx alot flamingo and i appreciate your help and everybody's help aswell .and sorry for my questions but iam sure you know exactly what we feel specially this is the first time in our life that we have to deal with his setuation. iam out of the country and hopefully hopefully they will help her, i just dont want them to go to her house and take eveything from her bcoz she is also suffering from a heart condition and this is just too much for her. so do u advice her to digg and try to file the BR now ? what exactly is her best option? lets say she respond now to the court ok, her first court is in may so it's still kinda early. if she respond now and later she file the BR will this be a good thing for her at her first court or she have to do it now or what? and what exactly will happen at her first court anyway? what can they do to her? there is one in may and one in nov. thnx alot

[Flamingo]

thnx alot flamingo and i appreciate your help and everybody's help aswell .and sorry for my questions but iam sure you know exactly what we feel specially this is the first time in our life that we have to deal with his setuation. iam out of the country and hopefully hopefully they will help her, i just dont want them to go to her house and take eveything from her bcoz she is also suffering from a heart condition and this is just too much for her. so do u advice her to digg and try to file the BR now ? what exactly is her best option? lets say she respond now to the court ok, her first court is in may so it's still kinda early. if she respond now and later she file the BR will this be a good thing for her at her first court or she have to do it now or what? and what exactly will happen at her first court anyway? what can they do to her? there is one in may and one in nov. thnx alot

Yanni - your wife needs legal advice. Have her or someone who can help her (friend/family) contact Social Services in California for a Legal Aid contact number or call the California State Bar Assoc. for the Legal Aid number or a contact number for hardship cases.