Ask a Bankruptcy Lawyer December 2006

If you have a general question about filing bankruptcy, you can submit your questions here. Please note that all questions received are answered by a real bankruptcy attorney, however, the answers given are only meant to be general in nature and are not meant to replace legal advice.

If you are outside of California and need an attorney, click here to find an attorney. Again, none of the information found on this site is meant to replace the advice you can obtain through a qualified legal professional, in your own state (as certain things differ by state in bankruptcy), who has taken the time to look at the specifics of your case before answering.

Two Houses, Back Credit Card Payments; Is Bankruptcy the Right Option?

Q: "My husband and I have 2 houses. One has been for sale almost 2 years. We can not make 2 house payments anymore so they are going to foreclose on it now. We also have credit card payments each month that we fell behind on. We live paycheck to paycheck. We are thinking about filing bankruptcy. What ramifications could it have?"

Signed: Foreclosure Imminent, Pennsylvania


A: That's a rather broad question. The ramifications it has will depends on many things, including what your alternatives to bankruptcy are, your overall financial structure, income, etc. The only way to properly assess the ramifications is to have a comprehensive consultation with a bankruptcy professional in your area.



Questions about What You Can Claim as Legitimate Expenses

Q: "I’m about to file bankruptcy and my father is telling me that I can’t claim my tanning bills ($100 per month) at all and that my hair care costs ($200 per month), make-up ($100 per month) and clothing expenses ($600 per month) or cell phone bill (I travel internationally and my plan is about $150 per month) at their real amounts, because the court would see it as unnecessary spending. I work as a model and these are all expenses that I have to spend to maintain my career. Is there any way around it?"

Signed: Aspiring Model, CA


A: If you declare these expenses on your tax return as business expenses (Schedule C) then you can most definitely "include" them as expenses in your bankruptcy budget as business expenses to offset your business income.

Ask a Lawyer Archives:

+   Is your median income the only factor in deciding if chapter seven is allowed?
+   Can the IRS come after back taxes of a discharged debt years later?
+   Do I list original debtors, collection agencies or both on my bankruptcy filing?
+   Is bankruptcy an alternative to home buying investments gone bad?
+   How is income determined when deciding if you are eligible for bankruptcy?
+   Can filing bankruptcy wipe away student loan debts?
+   Two houses and backed up credit card payments; Is bankruptcy best?
+   What counts as legitimate living expenses when filing bankruptcy?
+   Questions about using a bankruptcy lawyer vs. filing Pro Se
+   Is a back child support payment considered income when filing bankruptcy?
+   Will claiming bankruptcy affect the co-signer on my car?
+   Does one spouse filing bankruptcy affect the couple's joint tax return?
+   I can't pay an accident judgement, can bankruptcy get rid of it?
+   How are joint marital assets affected by a wife's bankruptcy filing?
+   Do I have to claim my 401K withdrawl as income?
+   Can I sign over a car to my daughter prior to filing?
+   Chapter 13 in danger of being dropped but would like to save the house
+   Debt collector calls may force us into bankruptcy
+   Husband claiming bankruptcy, but the wife has good credit
+   Need tips to find a credit counseling agency