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Questions Answered by Ronald Holland
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.

Amendments to...
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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 and the...
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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 "petition to...
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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 where you live and the...
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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 you.... 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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3 Answers | Asked in Bankruptcy and Real Estate Law for California on
Q: ch13 debtor filed objection to my class7 claim (civil suit) for complete discharge. what do I file in reply?

I sued my landlord for illegal eviction in San Jose, CA. 1 day b4 settlement conference (not trial yet), landlord offered 15k and filed ch13 next day. 2 parties filed claims – IRS for $436 and me 400k. ch13 plan offers class7 13.6K over 5 yrs. my lawyer doesnt think worth it because landlord... Read more »

Ronald Holland
Ronald Holland answered on Sep 11, 2018

If you don't have an attorney, you need one now. Find an experienced bankruptcy attorney that handles litigation.

An objection to proof of claim like this will be resolved in litigation over whether the other party has a claim. This isn't about whether the claim is "dischargeable" or not,...
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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.

Ronald Holland
Ronald Holland answered on Sep 11, 2018

In answering the part of your questions about whether your husband's creditors can go after your future estate, the gener answer would be no both in or out of bankruptcy. Unless the creditor obtains a judgment against you, which may be possible, only your husband's community or separate property... Read more »

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3 Answers | Asked in Bankruptcy for California on
Q: Will my car be taken away if I file for bankruptcy? I don't want to take public transportation.
Ronald Holland
Ronald Holland answered on Aug 24, 2018

You should always at least consult with an experienced bankruptcy attorney before filing bankruptcy. I also recommend hiring one that you like to represent you. It is well worth it for the peace of mind knowing that your case was properly handled.

The answer to your question is "it...
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