Questions Answered by Andrew Bresalier
1 Answer | Asked in Bankruptcy Law for California 20 days ago
Generally yes; however, in some instances they may not, such as: If the underlying debt was for something that was not dischargeable (See Bky Rules 523 & 727) or if the Note is secured and you want to keep the secured item (i.e. Mortgage or Car Loan).
1 Answer | Asked in Bankruptcy Law for California 20 days ago
Generally yes; however, in some instances they may not, such as: If the underlying debt was for something that was not dischargeable (See Bky Rules 523 & 727) or if the Note is secured and you want to keep the secured item (i.e. Mortgage or Car Loan).
1 Answer | Asked in Bankruptcy Law for California on Jun 13, 2011
If you need a copy of any documents from your case you can either (1) request them from your attorney; (2) sign up with PACER and print them out from your home computer (this is a free governmental service, as long as you only use less than $10 of services ...
2 Answers | Asked in Bankruptcy Law for California on Nov 14, 2011
If the hearing for the law suit is before you file, you should go. If it is after, file a Suggestion of Bankruptcy in the suit and you do not have to go.
1 Answer | Asked in Bankruptcy Law for California on Aug 26, 2011
Yes, especially if it is by the Trustee or US Trustee's Office and they are pursuing a Fraud or Improperly Filed Case.
1 Answer | Asked in Bankruptcy Law for California on Oct 9, 2011
This is a common problem. Short of asking the mortgage company if they would offer a Reaffirmation Agreement if you reopened the case, there is nothing that can be done.
1 Answer | Asked in Bankruptcy Law for California on Oct 30, 2011
It is a list of the totals of certain debts which are not dischargable. It is included as an attachment to the Petition, before the Schedules. This is a standardized form. Visit your court's website and go to forms.
1 Answer | Asked in Bankruptcy Law for California on Nov 29, 2011
You should file a Proof of Claim. This form should have been provided to you with the Notice of Bankruptcy. Depending your priority as a Creditor and if the Debtor has any property to be administered, you may receive something.
1 Answer | Asked in Bankruptcy Law for California on Mar 31, 2011
Through the court where it was entered. If the party which you are seeking to enforce is going bankrupt, unless there is a clause waiving discharge, there is little chance of enforcement.
1 Answer | Asked in Bankruptcy Law for California on May 30, 2011
Sign up for PACER. The service is free, as long as you use less than $10 per calendar quarter. You must know the specific District Court where the case was filed and use the service for that District.
1 Answer | Asked in Bankruptcy Law for California on Oct 12, 2011
Yes. You, or if you are represented your attorney, should file a Suggestion of Bankruptcy in the State based case, and include a paragraph stating that: "In the event there was a garnishment, levied or seized in this matter, within 90 days of the ...
1 Answer | Asked in Bankruptcy Law for Puerto Rico on Jan 18, 2012
All debts must be listed; however, Student Loans are NOT Dischargable. Additionally, Student Loans are not subject to Statute of Limitations and do not require any due process. Unless, you have them forgiven (Totally Disability/Dead), or pay them, they ...
1 Answer | Asked in Bankruptcy Law for Indiana on Jan 21, 2012
In an Involuntary case Debtor appearance is not required, unless you wish to fight it. Most cases are voluntary and Debtor attendance is required during the meeting of creditors. If all goes well, that is generally the only appearance required. There is ...
1 Answer | Asked in Bankruptcy Law for Arizona on Jan 23, 2012
Bankruptcy is a complicated matter involving State Laws and Federal Procedures. As a natural person, verses a business entity, you are permitted to represent yourself. Some people have successfully represented themselves in Chapter 7 cases; however, a ...
1 Answer | Asked in Bankruptcy Law for Montana on Jan 26, 2012
The Discharge does what it says: it discharges your liability. Once it is granted, a copy goes to all parties included in the case. The filing of the Bky will appear on your credit report for 10 years. A "Certified Copy" of the Discharge maybe ...
1 Answer | Asked in Bankruptcy Law for Wisconsin on Feb 1, 2012
I would suggest you wait until after your Discharge is granted. Best to wait about six months. Note, there are tax ramifications of cashing out a retirement program.
1 Answer | Asked in Bankruptcy Law for New York on Feb 1, 2012
You can sign up for PACER – a free governmental service as long as you use less than $10 worth of services in a calendar ¼. Once signed up, you must log on in the jurisdiction where the company/person is located to research the issue.