In our previous article How We Prepare Asylum Claims, we touched upon arguments that the government attorney may present to disqualify a person from meeting the requirements for asylum. In this article we explore other disqualifying factors that will be a bar to asylum.
Our previous article What Are the Requirements for Asylum explained what is required to have an asylum claim. In that article, we stressed the importance of contacting an attorney early and having the attorney present during the interview with the asylum officer.
What are the requirements for asylum? Many asylum seekers are unaware and enter into the credible fear interview alone with no awareness of what elements of asylum law they will need to prove to prevail in their claim.
I am married. Can I file without my husband? In a community property estate like Arizona, all assets and debts incurred during the course of the marriage “partnership” are considered community property. The exceptions are property received and debts incurred before marriage or after divorce, or property received through inheritance, whether it is received before, during, or after marriage.
Is it better to file for bankruptcy before or after divorce? If a couple is considering divorce, it is generally better to file for bankruptcy before getting a divorce. In this way, all debts incurred during the course of the marriage are discharged as community debts.
I am behind on my child support. Can filing bankruptcy help me? It depends on whether a Debtor files a Chapter 7 bankruptcy or a Chapter 13 bankruptcy. There are subtle differences.
I owe taxes. Can filing bankruptcy help me? Generally, tax debts are not dischargeable in bankruptcy. However, in law, there are always exceptions to the rule. If a tax debt is more than ten years old and the Internal Revenue Services has made no attempt to collect it, the tax debt will be barred by the Statute of Limitations and will no longer be collectable.
If I file for bankruptcy, will it affect my tax refund? It depends on the time of the year that the bankruptcy is filed. After a bankruptcy petition is filed, the tax refund is considered property of the bankruptcy estate. This means the trustee has the right to that refund so that he or she can distribute it equally to the unsecured creditors.
I am being sued. Can filing for bankruptcy stop a lawsuit? Yes and no. The end result of a lawsuit is a judgment against the loosing party, resulting in money damages. If a creditor wins a lawsuit against the Debtor, the creditor must collect on that judgment.
If I file for bankruptcy, will I loose my second house? It depends on whether a Chapter 7 bankruptcy or a Chapter 13 bankruptcy is filed. A Chapter 7 bankruptcy is also known as a “liquidation” bankruptcy. If a Chapter 7 is filed by an individual or a consumer, as opposed to a business, the consumer gets to keep only that property which is exempt under Arizona law.