Legal Question in Bankruptcy in California

Financial Crisis Question

Hello,

I am a junior in college and have at least 2 or 3 semesters to go (before acquiring Bachelor Degree); however, I am not currently enrolled in school. I am

entirely dependent upon state and financial aid in order to pay for tuition.

Alternatively, I was thinking about attending the Police Academy, which includes a credit check prior to approval.

Currently, I have an outstanding debt for a Macy's Visa account in the amount of about $5,800; and between $9,000 and $10,000 on my car (Wachovia Dealer

Services account); I will be 3 months behind on car payments & 3 to 4 months behind Macy's payments in April 2009.

I just got a job (started Monday, March 30th, 2009) that pays minimum wage for 24 hours per week, and the first payday for this job is Saturday, April 11th,

2009 at 4:30 pm, and I will only be able to cash the check on Monday morning (April 13th).

The address for the car (Wachovia account) is in Washington state, while I currently reside in California. The WA registration for my vehicle expires in October 2009.

Taking into consideration Voluntary Surrender of the car, Bankruptcy, and some unknown third option, what should I do?

Thank you very much for your help and consideration.


Asked on 3/31/09, 9:53 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: Financial Crisis Question

You should consult with a bankruptcy attorney, however, I am fairly confident that a bankruptcy found during the credit check for police academy might bar your entry into the academy. You should discuss this with one of their recruiters to see what's better - a bankruptcy clearing all your outstanding debt, or a few delinquent accounts. None of the attorneys on these forums can probably answer that question for you, as it is a matter of discretion on the part of the police academy. Just looking at the information you provided, I'm not sure I would put you into bankruptcy at this time - you don't have a lot of debt, and there may be alternatives to bankruptcy such as an informal workout. Be very cautious of the companies you hear advertised on the Radio and Television that promise to "reduce your debt." Most of those companies charge an inordinate amount of money to simply advise you to default on your debts, wait until the debts are charged off, then you can negotiate for some lower percentage of what you owe. Consult with a local bankruptcy attorney and the recruiter before you do anything.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 4/01/09, 12:59 pm


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