Janesville, CA Bankruptcy Law Firms & Lawyers

The answer depends on what the camper is worth. In a Chapter 7 case, you are allowed to exempt a certain amount of property from the bankruptcy estate (meaning you would keep that property). Depending upon what your other property is worth, you may be able to keep the camper, but you would want to have it valued before making a decision. You would be required to identify any property that you have given away or transferred, so giving the camper back would not help.

The best way to organize your bankruptcy properly from the beginning is by consulting an attorney to advise you on the best way to proceed. You shouldn't have any trouble filing, the only question will be where to file. Generally, the proper venue of the bankruptcy case will be determined by your location for the 180 days before the petition. Regarding the inheritance, it depends on when you receive or obtained the right to receive the money. Any money or property that you have already inherited, but not yet received, is included in the bankruptcy estate. However, if you have not yet inherited the money, then it depends. If you inherit property within 180 days after you file for bankruptcy, you must report the inheritance to the bankruptcy court and the bankruptcy trustee may take the property.

If you took out the loan after you filed your bankruptcy petition, it is not a debt covered by the bankruptcy. Only debts you had as of the date of the petition are covered by the bankruptcy. Later debts, like this one, are fair game for the creditors to try to collect. The company cannot garnish your wages until after it has a judgment, and that can't happen until the company sues you and wins the case. If you owe the company money, perhaps you can work out a payment plan and avoid the lawsuit. If you do nothing, it is up to the lender to file the lawsuit, and if it does not file in time, the statute of limitations will bar it from suing you at all. It all depends on how you want to handle it. If the company gets a judgment against you, it can apply for a wage garnishment, or levy on your bank accounts, or sell some of your belongings, etc., to satisfy the judgment. But right now, it can't garnish anything. There are fair debt collection practices acts, both federal and state, that cover what the lender can and cannot do in trying to collect the debt. You might want to consult a local attorney about how to handle this matter, and to see whether it is violating the law in making its threats against you.