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Questions Answered by Theodore Allan Greene

2 Answers | Asked in Bankruptcy and Landlord - Tenant for California on

Q: My commercial tenant filed Chapter 11 bankruptcy. Do they have to serve us notice?

I was informed by email that Chapter 11 had been filed by our commercial tenant, but they failed to give us any details as to where it was filed. Are they required to officially serve us? I want to get an attorney but don't know what jurisdiction.

Theodore Allan Greene answered on Nov 19, 2018

You should be listed as a creditor and receive communication through the mail regarding the bankruptcy. It should be very easy to find out "where" the bankruptcy was filed. You should contact a local (to you) bankruptcy attorney and they should be able to figure it out.

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5 Answers | Asked in Bankruptcy and Civil Litigation for California on

Q: I want to file for bankruptcy? Can I get help with the fees since I’m low income? How to get a pro bono service help

Theodore Allan Greene answered on Nov 13, 2018

It would be very hard to get pro bono help but there are some good options - for example if you are elderly there are volunteer clinics in some areas that can help. You can possibly get a waiver on the court filing fees or pay them in installments and some attorneys (like us) will let you make... Read more »

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4 Answers | Asked in Bankruptcy for California on

Q: What exactly is the "silent exemption" in Chapter 7 bankruptcy in California and how does it work?

I have heard that I may be able to keep my car even though it's worth $2000 more than the $3530 exemption by using the silent exemption but I have no idea what it is and how to use it.

Theodore Allan Greene answered on Nov 5, 2018

I have never heard of that term. You should consult with a bankruptcy attorney to know for sure.

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4 Answers | Asked in Bankruptcy for California on

Q: If we're already in foreclosure can we file for bankruptcy?

Theodore Allan Greene answered on Oct 31, 2018

Yes you can file for bankruptcy. There are many options available to you when you are in foreclosure and bankruptcy is probably the most used. Sometimes you can file a lawsuit if the bank is not treating you fairly. The banks have been very dysfunctional during the whole housing crash and we have... Read more »

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4 Answers | Asked in Personal Injury for California on

Q: On the highway a motorcycle in front of me wiped out

- a truck pulled in front of him and the bike swerved and went out under the guy - i hit his bike - am I at fault in any way here?

Theodore Allan Greene answered on Oct 19, 2018

It's very hard to analyze your situation from the brief facts you present. Technically you are always suppose to drive at a speed that is safe for the conditions and even if someone stops for no reason in front of you then you should be able to stop in time based on your speed. Its hard to tell... Read more »

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4 Answers | Asked in Bankruptcy for California on

Q: How do people pay for bankruptcy attorneys if they're already in so much debt?

Theodore Allan Greene answered on Oct 18, 2018

Some people make payment plans. Like $100 per month until the balance is paid. Others have a family member make the payments. Others stop paying their debts (credit cards) and that frees up some money. Others still use a legal document preparer which is the WORST option as far as I'm concerned.... Read more »

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4 Answers | Asked in Collections for California on

Q: What options does one have for debt and credit relief before bankruptcy? Or is it an option worth pursuing?

too much debt, not enough income, poor credit, no real assets

Theodore Allan Greene answered on Oct 17, 2018

Be very careful of "debt settlement" advertisements. Some are okay but most are not. You could do better yourself with some research. Or you could engage a bankruptcy attorney to attempt a debt settlement and if it doesn't work you move right into a bankruptcy petition. Just know that you MUST have... Read more »

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3 Answers | Asked in Personal Injury for California on

Q: can I file forgery charges against my personal injury atty ?

my atty or someone in his office signed the final release in my personal injury case. I wanted to take my case to trial. I have been severely damaged and my case was a big one against big companies, AT&T, Time Warner, Southern Cal Edison, Pac Bell, Verizon, the City of Stanton, Spectrum . I have... Read more »

Theodore Allan Greene answered on Oct 2, 2018

Some attorneys have their clients sign an authorization to endorse the settlement check. You should have been notified about the settlement numbers and then agreed to take the settlement amount. You should look through all the documents you signed and if you still think something was done without... Read more »

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5 Answers | Asked in Bankruptcy for California on

Q: I am filing Chapter 7 in CA. My wife has a house since before marriage and we have a prenup. Do I need to disclose?

Married for 3 years and we do not live in that house, I rent.

Theodore Allan Greene answered on Oct 1, 2018

Yes... but to fully protect yourself you should get the advice and help of an attorney well versed in Bankruptcy matters.

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4 Answers | Asked in Bankruptcy for California on

Q: why didn't my California bankruptcy attorney list all of my creditors that I gave him

I gave him a stack of creditor addresses and names all three of my credit reports and he didn't list them in the schedule when he filed for bankruptcy chapter 7

Theodore Allan Greene answered on Sep 30, 2018

As stated you should ask your attorney why he did not include ALL your creditors. Don't worry though - it doesn't mean that debt stays with you. There are ways to correct the problem but you must talk to your attorney about it.

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5 Answers | Asked in Bankruptcy, Estate Planning and Family Law for California on

Q: Husband accumulates debt with payday loans and other forms without my knowledge. How to protect my assets. Can I?

He has filed bankruptcy 3 times. I was on the bankruptcy the last 2 times but don't ever want to be involved with one again.

I will be inheriting someday and wonder if his creditors will go after the estate.

Theodore Allan Greene answered on Sep 11, 2018

You should do as the previous attorney suggested. Go see an attorney RIGHT AWAY. California has very unique and specific law relating to such matters and only an attorney sitting down with you can analyze your unique situation.

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3 Answers | Asked in Personal Injury and Car Accidents for California on

Q: Can I be sued if I was in an accident and the damages we're $150k but my insurance only covers $50k?

If so can they go after my home? I don't own it yet but its got about $200k in equity.

Theodore Allan Greene answered on Aug 29, 2018

Yes they can sue you and your insurance company would most likely defend you. If the your insurance coverage isn't enough and they pursue you for more your equity could be at risk. You are allowed a "homestead exemption" amount that you can protect but you might have more equity than your situation... Read more »

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5 Answers | Asked in Car Accidents and Personal Injury for California on

Q: Do lawyers use a measure scale for pain and suffering? For Car accident .

Theodore Allan Greene answered on Aug 3, 2018

You have some good answers here. There are numerous ways to estimate what "pain and suffering" is worth but every case is unique and needs to be evaluated on it's own. You should contact a personal injury attorney and NOT talk to the insurance company. The result of getting an attorney means you... Read more »

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4 Answers | Asked in Bankruptcy for California on

Q: What are the legal ramifications if I choose to stop paying my second mortgage?

My ex filed chapter 7 on our second mortgage in 2013. It is discharged with the bank but I have continued to pay it. I live in CA and not sure what the law says about it.

Theodore Allan Greene answered on Jul 29, 2018

This is always confusing for even some lawyers. You have received some very good answers. You really should sit down or by phone talk to an experienced attorney about your situation. There is a lot of different factors to consider - like your equity position and what you plan to do long term with... Read more »

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3 Answers | Asked in Personal Injury for California on

Q: the hairdresser nicked my neck, how i can keep them responsible for medical bills?

my doctor said I have to take two blood test, in order to make sure i didn't get hepatitis or other blood-related diseases from the hairdresser clipper.

Theodore Allan Greene answered on Jul 26, 2018

You should do as Mr. Light suggests and make sure you document EVERYTHING and put everything in writing. good luck and I hope you don't have any serious issues with your blood test.

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3 Answers | Asked in Bankruptcy for California on

Q: I always hear that student loans aren't dischargeable in bankruptcy. Does that apply only to federal loans or also

private loans?

Theodore Allan Greene answered on Jul 25, 2018

It's not a simple answer. You should get a consultation with a Bankruptcy attorney in your area.

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3 Answers | Asked in Personal Injury for California on

Q: I was rear-ended w/minimal damage, went 2 ER. Other parties ins has denied paymt 4 medical bills $3000 offered $1000.

Theodore Allan Greene answered on Jun 25, 2018

You should consult with a personal injury lawyer to at least make sure what they are doing is fair. They DON'T want to give you anything if they can help it and don't have to be fair to you. Please just remember that you have to pay back your medical provider even if it's Kaiser or Medi-Cal. They... Read more »

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4 Answers | Asked in Personal Injury and Car Accidents for California on

Q: My lawyer doesn't want to go to trial even though this is our request.

We are not excepting a low ball offer being handed to us by the insurance company. We are refusing it and our lawyer has turned in to something really bizarre, almost flat out refusing to file for going to trial. Siting his "reputation" and losing??? Being very aggressive and combative for us to... Read more »

Theodore Allan Greene answered on Jun 22, 2018

I think Mr. Dorfman gave you some good advice. Make sure you do something right away because there are time limitations on taking action and settling a case.

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3 Answers | Asked in Personal Injury for California on

Q: surg 02/18 rep tend. and remove bone behind ankl worst off now. Xray given to me shows not my name wrong pts &surg on me

Dr looked puzzle could not understand why i am still in pain and worst off I did mention the xray he gave me with two names on it I truly believe he did this other women's surgery on me and the surgery I should have had done was not.

Theodore Allan Greene answered on Jun 22, 2018

You should do as suggested already here but I would add that you need to move ASAP. The laws favor the medical profession and there are many areas that can cause a potential case to be worth nothing. The most important is that there are strict time limits in which you need to take action. So... Read more »

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2 Answers | Asked in Libel & Slander, Personal Injury and Civil Rights for California on

Q: I am currently homeless and someone impersonated a fake person with a fake charity claiming they are going’s to help me.

A lady called me stating she’s was from a charity that come to find out is not real. Stating she will help me get housing and therapy etc because I am pretty much homeless , depressed and left abuse . I have figured out who it was. What legally can I do ?

Theodore Allan Greene answered on Jun 16, 2018

If you gave her any money or if she stole your identity then you might have a civil case against her in Small Claims court unless it was a lot of money. But absent some damages you most likely only can report her to the authorities and hope they take some action.

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