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Questions Answered by Mr. Dheeraj K. Singhal
1 Answer | Asked in Bankruptcy for California on
Q: Can a plaintiff's name just be changed in a court pleading without filing anything official with the court?

Specifically, in a quiet title action, plaintiff COUNTRYWIDE HOME LOANS, Inc. suddenly became BANK OF AMERICA, N.A. (successor by merger to COUNTRYWIDE BANK, N.A.) in a response to a Motion to Quash . . . what should/can be done about this?

Mr. Dheeraj K. Singhal
Mr. Dheeraj K. Singhal answered on Aug 24, 2011

Although most of the time the answer to your question would probably be "NO", you are dealing with an unusual situation. Because Bank of America purchased all of the assets of Countrywide as part of a regulated FDIC transaction, Federal Law allows Bank of America to step into the shoes of... Read more »

1 Answer | Asked in Bankruptcy for California on
Q: Are california loan modifications that are approved filed with the County Recorders Office?
Mr. Dheeraj K. Singhal
Mr. Dheeraj K. Singhal answered on Aug 24, 2011

Not in the normal course of events. The original loan documentation provides for the recording of a Deed of Trust, which reference the actual Note. The Note itself is not normally recorded. If the payment terms are modified, it is unlikely that there would be a filing with the county recorder.... Read more »

1 Answer | Asked in Bankruptcy for California on
Q: What does it mean when a discharge is vacated as a result of clerical error
Mr. Dheeraj K. Singhal
Mr. Dheeraj K. Singhal answered on Aug 24, 2011

It actually is pretty self-explanatory. Anyone can make a mistake, and the clerk sometimes processes a discharge when it should not have been done. It does not necessarily mean the Debtor is not entitled to ultimately get his discharge. It may just mean that the Trustee has not completed some... Read more »

1 Answer | Asked in Bankruptcy for California on
Q: Do bankruptcy lawyers carry E and O Insurance? is it required?
Mr. Dheeraj K. Singhal
Mr. Dheeraj K. Singhal answered on Aug 24, 2011

Many if not most bankruptcy lawyers do carry some form of E and O Insurance. The Business and Professions Code, and the California State Bar regulate the cirumstances and whether such insurance is required. You should feel absolutely free to ask your lawyer this question. And you should have... Read more »

1 Answer | Asked in Bankruptcy for California on
Q: Can I sue mainstay business solutions after they are in bankruptcy
Mr. Dheeraj K. Singhal
Mr. Dheeraj K. Singhal answered on Aug 24, 2011

Your question is a little unclear. I take it that "mainstay business solutions" is a company who has filed bankruptcy, and owes you money? If so, when they file bankruptcy the automatic stay normally prevents you from suing them. However, depending on the facts (why they owe you the money, what... Read more »

1 Answer | Asked in Bankruptcy for California on
Q: I filled emergency chapter 13 on July 07 at 10:00am, but the bank sold the house on July 7th at 9:00 am when the sale

Started at the front of the old police station in Corona, Ca. Which counts first? Wells Fargo would not give me an answer on modification. So I got to the Bankruptcy Court too late to stop the sale with procedures. Can I still take the original bank(Wells Fargo) to court for illegal proceedures... Read more »

Mr. Dheeraj K. Singhal
Mr. Dheeraj K. Singhal answered on Aug 24, 2011

Filing bankrukptcy normally creates an automatic stay to stop foreclosure proceedings (among other things). But it is not retroactive! If the bank already sold your house an hour earlier through a foreclsoure sale, the bankruptcy does not void that earlier sale. It is alway important that you... Read more »

1 Answer | Asked in Bankruptcy for California on
Q: I am looking for a "Confession of Judgment" form for California, does anyone know where I can obtain this.
Mr. Dheeraj K. Singhal
Mr. Dheeraj K. Singhal answered on Aug 24, 2011

This is not a "form" which is usually used in California. It implies an outdated procedure, by which Defendants were asked to waive their rights and consent to a judgment, often in advance. The typical procedure in California would be to enter into a Stipulated Judgment. The Debtor would... Read more »

1 Answer | Asked in Bankruptcy for California on
Q: Defendants entered motion to quash default what is plaintiffs nextmove?
Mr. Dheeraj K. Singhal
Mr. Dheeraj K. Singhal answered on Aug 24, 2011

Plaintiff is left with a couple of different options, two of which are most common. First, the plaintiff can re-serve the complaint, which will make the motion to quash futile. Or else, if the plaintiff believes that service was proper, the plaintiff can oppose the motion to quash. When... Read more »

1 Answer | Asked in Bankruptcy for California on
Q: Can I submit my own bankruptcy documents without a lawyer?
Mr. Dheeraj K. Singhal
Mr. Dheeraj K. Singhal answered on Aug 24, 2011

Of course you can. You do not need an attorney to file your bankruptcy for you. The US Bankruptcy Courts provide a lot of information to guide individuals who wish to file bankruptcy. I recommend you go to the US Bankruptcy District Court website for where you live. Here are the websites for... Read more »

1 Answer | Asked in Bankruptcy for California on
Q: Q: Which forms must I complete to answer a notice of motion to vacate a judgment and for entry of different renewal amou
Mr. Dheeraj K. Singhal
Mr. Dheeraj K. Singhal answered on Aug 24, 2011

I didn't quite understand the question. Did you obtain the default judgment and now someone is looking to vacate it? If so, I would recommend contacting a litigation attorney who has experience handling default judgments. In any event, the California Courts list out all the forms at... Read more »

1 Answer | Asked in Bankruptcy for California on
Q: Can i download a "Motion to reopen" a chapter 7 to file form 23 for Central Bankruptcy court in Riverside, Ca.
Mr. Dheeraj K. Singhal
Mr. Dheeraj K. Singhal answered on Aug 24, 2011

Of course. The Central District Bankruptcy Court, which includes riverside, makes many forms available on the internet. Go to www.cacb.uscourts.gov. From there, click on the Forms/Rules/General Orders link on the right. Then click on Local Bankruptcy Rules & Forms. From there, scroll down to... Read more »

1 Answer | Asked in Bankruptcy for California on
Q: How do i file for bankruptcy
Mr. Dheeraj K. Singhal
Mr. Dheeraj K. Singhal answered on Aug 24, 2011

Most consumers in California file for Chapter 7 or 13 bankruptcy. You can learn about both through Google. Whether you are filing for Chapter 7 or Chapter 13 bankruptcy, you need to complete an extensive petition that lists out all your assets, debts, current income and expenses. The petition... Read more »

2 Answers | Asked in Bankruptcy for California on
Q: Can I change a Chapter 13 to a chapter 7 and still keep my car that is worth far less than the payments I am making?
Mr. Dheeraj K. Singhal
Mr. Dheeraj K. Singhal answered on Aug 24, 2011

Your ability to keep an automobile in a Chapter 7 depends primarily on the amount of equity which you have in the car (fair market value above and beyond the amount owed). Although there are two sets of exemptions available in California, if the car is "worth far less than the payments I am... Read more »

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2 Answers | Asked in Bankruptcy for California on
Q: I THINK I need a BKR lawyer for an adversary proceediing. In the SF Bay area.
Mr. Dheeraj K. Singhal
Mr. Dheeraj K. Singhal answered on Aug 24, 2011

Regardless of whether you are the actual or potential defendant, or the plaintiff in a potential adversary action, you need to act quickly. There are very strict time limits imposed in most adversary actions. If you fail to act, you may forever lose important rights. And it is critical that you... Read more »

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