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Questions Answered by Ronald Holland
4 Answers | Asked in Bankruptcy for California on
Q: I also received a summary of trustee’s final report and application for compensation. The last page looks like this:

Timely claims of general (unsecured) créditos totaling $35,118 have been allowed and will be paid pro rats only after all allowed administrative and priority claims have been paid in full. Does this mean I have to pay that or they telling me they will pay it or they paid it??

Ronald Holland
Ronald Holland answered on Oct 20, 2020

You need to review these claims and the provisions of your chapter 13 plan with your attorney.

There is no "they" that pays anything in chapter 13 besides you. You are the one paying into the plan and that is how creditors get paid.

What does that mean about how much your...
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4 Answers | Asked in Bankruptcy for California on
Q: Will Chapter 7 Trustee tries to sell my property if I have equity little more than the homestead exemption amount?

Depends on which home listing sites we look at, I can have $100,000 equity or $130,000. My understanding of California Homestead Exemption who is living with a family member is $100,000.

Will Trustee use the higher estimated value and proceed to sell my property? Is there such a range where... Read more »

Ronald Holland
Ronald Holland answered on Aug 15, 2020

The value of property isn't what you say it is in your schedules or what the trustee might think it is. The value is what a bonafide buyer will pay immediately in cash.

If that means the property has a high enough value to net money for the bankruptcy estate after all liens and your...
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4 Answers | Asked in Banking and Bankruptcy for California on
Q: Hello, I am receiving unemployment insurance in my checking account after the 341 meeting of creditors chapter 7 in Ca

No creditor showed up for my 341 meeting. Can they still take money from my checking account? Thanks!

Ronald Holland
Ronald Holland answered on Jun 15, 2020

This is advice that may be specific to the creditor you have. Child support? Yes. Others? Probably not.

I hope you are represented by an experienced bankruptcy attorney in your case. Your attorney can give you specific advice based on the facts of your case. Bankruptcy is not as...
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3 Answers | Asked in Bankruptcy for California on
Q: What are reasonable attorney fees for a BK 13 case that was not confirmed. How can I see what the court would consider

What would the court consider excessive? The case was not confirmed they recommended dismissal now they want to take the whole 15 grand the trustee is holding

Ronald Holland
Ronald Holland answered on Apr 24, 2020

The attorney has to file a motion with the court and the judge has to determine what is reasonable. That is based on the time spend, what was done, whether the work was necessary and other factors.

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5 Answers | Asked in Bankruptcy for California on
Q: If I'm filing bankruptcy and getting a settlement from an accident do I have to disclose to the court
Ronald Holland
Ronald Holland answered on Mar 2, 2020

Of course you have to disclose this claim. Section 541 defines what property you must list and it includes everything that you "own" or have a right to.

Failure to disclose all assets may be grounds to prevent a discharge of debt or to revoke the discharge later on.

You...
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3 Answers | Asked in Bankruptcy for California on
Q: I was not given sufficient notification on a Motion for Relief from Stay in my CH 13 bk. Hearing is days away.Options?

This was clearly a strategic move by the creditor to serve me via mail just prior to the holidays so I would have little to no recourse. I need help filing a motion for extension of time to object, to extend the automatic stay , to find legal assistance and to have someone appear on my behalf at... Read more »

Ronald Holland
Ronald Holland answered on Jan 2, 2020

You and your attorney must b be served by mail at least 14 days before the hearing. That means that the Notice and other documents go INto the mail 14 calendar days before the hearing. If on 14 days notice, the first hearing is considred a "preliminary hearing". At that time the court... Read more »

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4 Answers | Asked in Bankruptcy for California on
Q: Other than the $306 bankruptcy fee how much does an attorney charge in the Sacramento area to file a bankruptcy case?

The potential client is a 71 year old woman whose husband passed away on 9/6/19 and lives on a fixed income while taking care of her handicapped 42 year old son. She is now being inundated with creditor calls.

Ronald Holland
Ronald Holland answered on Oct 15, 2019

As I do, I think most attorneys will charge based on their experience, the complexity of the case and the circumstances of the potential client, including their income.

My standard fee for a chapter 7 filing is $1,650 plus the court filing fee of $335. This fee can be much higher for a...
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3 Answers | Asked in Bankruptcy and Appeals / Appellate Law for California on
Q: Hello, I'm going thru bankruptcy, my paralegal helped me at the beginning, now she won't respond to me for 1 mth. Help

She has all my legal documents and my tax return. I have tried to get in touch with her various ways, she won't respond. What do I do? How do I get my items back and amend my bankruptcy now? I do qualify for Legal Aid. Who do I call for help.

Thank you!!

Ronald Holland
Ronald Holland answered on May 14, 2019

When you hire a paralegal, you are representing yourself in court. You have no one who is allowed to give you legal advice. While the paralegal may tell you what forms to file, they can'tgive you legal advice and can't represent you in any way within the bankruptcy process.... Read more »

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2 Answers | Asked in Bankruptcy for California on
Q: What happens if one of 3 owners on a manufactured home title in CA files Chapter 7 Bankruptcy?

My husband, mother and I are all joint owners on a manufactured home in CA. We bought it together to all live in after my father passed away. There is no mortgage as we paid cash. My mom has since moved out and has not paid for the land lease, property taxes or any other things related to the home.... Read more »

Ronald Holland
Ronald Holland answered on May 13, 2019

To get a good answer for this question, you need a complete set of the documents that have been filed in that case along with a copy of the deed or title to the property and take that to an experienced bankruptcy attorney in your area.

If she didn't live in the property at the time of...
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2 Answers | Asked in Bankruptcy and Family Law for California on
Q: How do I transfer a bankruptcy case to family court? I am creditor, going through divorce.
Ronald Holland
Ronald Holland answered on Jan 28, 2019

If assets were not yet divided by the family law court in a dissolution case, you may have a claim for some fo the value of the assets in the bankruptcy court, but that doesn't move the case to family law court.

The Automatic Stay will stop most of the action in the family law court...
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4 Answers | Asked in Bankruptcy for California on
Q: What is the waiting period to file Chapter 7 that was converted from a Chapter 13?

I filed for Chapter 13 on 1/2012 that was converted to a Chapter 7. I received a discharge 5/2013.

Ronald Holland
Ronald Holland answered on Dec 26, 2018

I think what you are asking is when you can file another chapter 7 and receive a discharge. Keep in mind that you can always file a case, but the discharge provisions of chapter 7 and chapter 13 define when you can get a discharge for each chapter.

The time period to count is...
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7 Answers | Asked in Bankruptcy for California on
Q: How low an income do you have to have to file for Chapter 7?
Ronald Holland
Ronald Holland answered on Dec 7, 2018

This is a question best answered by an attorney in a personal consultation. Most bankruptcy attorneys will give you a free initial consultation.

I'm assuming that you are talking about "qualifying" under the "Means Test". The amount will be dependent on the county...
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4 Answers | Asked in Bankruptcy for California on
Q: Can I put my 30% ownership interest in a condo into an LLC in case I go bankrupt in a couple years so it can’t be taken?

Does an LLC make my ownership interest exempt from being taken by creditors?

Ronald Holland
Ronald Holland answered on Nov 24, 2018

This is the same answer as before. If you are the owner of the LLC, whatever it owns, in net assets, is an asset of yours. Seek legal advice from an experienced bankruptcy attorney. Trying to file bankruptcy by learning a few things online is going to get you into trouble. Hire someone to... Read more »

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3 Answers | Asked in Bankruptcy and Real Estate Law for California on
Q: Should I lower my ownership interest in a condo from 30 to 1 percent if I might go bankrupt? Will creditors catch that?

My parents are scared I might go bankrupt in a couple years. I own 30% of a condo worth 75 grand and have credit card debt of 55 grand. They want me to take my name off the deed in which they own the other 70% and have a side agreement with them. Should I agree to take my name off the deed or lower... Read more »

Ronald Holland
Ronald Holland answered on Nov 24, 2018

i see that you have asked this question before in a different way.

All assets that you own or have a right to must be listed in a bankruptcy filing.

Transfer of an interest in property is subject to a trustee recovering (reversing the transaction) for up to (or maybe beyond) 2 years...
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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
Ronald Holland
Ronald Holland answered on Nov 13, 2018

Some attorneys will offer lower fees based on income, but remember that what an attorney offers you is based on their experience and the time they can afford to spend on your case. Bankruptcy is an important matter and whether it is done well or poorly can have lasting effects. Most people with... Read more »

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4 Answers | Asked in Bankruptcy for California on
Q: If we're already in foreclosure can we file for bankruptcy?
Ronald Holland
Ronald Holland answered on Oct 31, 2018

Yes! Chapter 13 is used by many people to not only stop the foreclosure, but the repay the past due mortgage while keeping the ongoing mortgage current. If that's your situation, you should talk to an experienced bankruptcy attorney in your area to find out if that would be a good option for... 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?
Ronald Holland
Ronald Holland answered on Oct 18, 2018

Most people that find they are in a significant amount of unsecured debt, such as credit cards, have income. Over time, charging and making the minimum payment, with perhaps a few late charges here and there, will cause the amount of the debt, and the minimum monthly payment to increase to the... 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.

Ronald Holland
Ronald Holland answered on Oct 1, 2018

Interview 2 or 3 experienced bankruptcy attorneys and hire 1 of them to represent you. That attorney should be made aware of the real property and the prenuptial agreement. In some situations, the bankruptcy attorney will consult with an experienced family law attorney to review that agreement.... Read more »

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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

Ronald Holland
Ronald Holland answered on Sep 29, 2018

If you have paid an attorney to file your bankruptcy, that attorney should be answering your questions. There may be a reason. Ask and find out. If you paid an attorney and they won't answer a question like this, something isn't right.

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4 Answers | Asked in Bankruptcy for California on
Q: What are the options and requirements for reinvesting Homestead Exemption funds while in Chapter 7 bankruptcy?

I am in active bankruptcy (not yet discharged) My home was sold to satisfy claims. The Trustee issued me $75K for my Homestead Exemption and said it should be reinvested in a primary residence within 150 days. What are my options (i.e., rent? motorhome? co-invest?)?

Ronald Holland
Ronald Holland answered on Sep 21, 2018

The trustee is apparently taking the position that the exemption must be valid until the case closes. I have not run into this exact situation with a sale, other than having the entire property abandoned by the trustee by court order so my client could sell while still in the bankruptcy case, but... Read more »

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