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Questions Answered by Harlene Miller
3 Answers | Asked in Bankruptcy, Contracts, Workers' Compensation and Public Benefits for California on
Q: I am the vendor in a bankruptcy case and the pay out was to commence on 2021/25/05, and the judge approved my paperwork.

Sent in claims paperwork and it was accepted and the asking of the funds was on the 25th to cover the prior court date asking amount.

Harlene Miller
Harlene Miller answered on Jun 4, 2021

As stated by my colleague - insufficient or confusing information was provided does not allow for a meaningful response. Please resubmit with more details.

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3 Answers | Asked in Bankruptcy for California on
Q: I owed $425k on my house . its value is around $1.4 million. My son needs $200k to start a business so i'm refinancing .

So my new mortgage is $640k . If my son formed a llc. My question is if he by chances get sued for a lease hold or food poisoning .. God forgive. Can landlord come after our house? How can I protect most of my interest of the house.

Dave

Harlene Miller
Harlene Miller answered on Jun 3, 2021

Responses to your question by my colleagues have provided a good summary of the issues. The key is keep you and your son's assets and debts separate from one another. Be very careful and specific about this. You may want to talk with an attorney in your area for more details.

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5 Answers | Asked in Bankruptcy and Contracts for California on
Q: What if a defendant files for personal or biz bankruptcy before making all the payments of a settlement payment plan?

This is if both the defendant and attached business are named in the settlement. There would be a stipulation for entry of judgment attached to the settlement. The concern is the defendant defaulting and possibly filing bankruptcy prior to making payments.

Harlene Miller
Harlene Miller answered on May 31, 2021

It depends on several factors including: type of bankruptcy filed, whether the individual or corporation filed bankruptcy; whether the settlement provided for some security on assets of the defendants;type of claim such as breach of contract or fraud, etc. I urge you to talk with an experienced... Read more »

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3 Answers | Asked in Bankruptcy, Contracts, Civil Litigation and Collections for California on
Q: Can I sue for monetary compensation?

I cosigned a car loan for a friend. He defaulted the car loan and the bank handed the loan to a collection agency. I had to declare bankruptcy which destroyed my once stellar credit score. As a result I'm strained financially and am still recovering my credit score. I am unable to get any... Read more »

Harlene Miller
Harlene Miller answered on May 24, 2021

Unfortunately, doing a favor for a friend does not always benefit you - particularly where financial issues are concerned. Had you ended up paying for the loan, you may have had a claim against the co-signer friend for indemnification for having to pay the loan. Being unable to do that, a... Read more »

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2 Answers | Asked in Bankruptcy for California on
Q: I have to file Form LBR 7016-1(a)(2) Do I need to file it at the courthouse. And have the judges’ copy stamped/deliverd
Harlene Miller
Harlene Miller answered on May 18, 2021

Check with the clerk of the Court where your case was filed. Also the Local Bankruptcy Rules are available from the Court website (depending upon where you are located in California).

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4 Answers | Asked in Bankruptcy and Collections for California on
Q: Bank of America is suing me for not paying business card debt of $7000. I feel this is unfair practice in a Pandemic

Bank of America is suing me for not paying business card debt of $7000. I offered them half, they didnt agree. I cant pay more since Covid has affected business and I need to pay my employees. $7000 is the pay of one employee in my office for 2 months. Bank of America is restricting my ability to... Read more »

Harlene Miller
Harlene Miller answered on Apr 18, 2021

If Bank of America actually filed a lawsuit which was served on you, you have a specific period of time during which you need to file an answer. If you do nothing, the Bank will get a judgment against you. Contacting creditors to attempt settlement or reasonable payments can be done - a creditor... Read more »

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4 Answers | Asked in Bankruptcy, Estate Planning and Collections for California on
Q: Can bank account be garnished due to delinquent student loan?

my 64 year old sister took out several student loans about 15 years ago. At that time, she was diagnosed with advanced stage ovarian cancer. She survived the cancer, but the treatments wiped her out financially and can no longer work. She has no income, no savings, and can't get a job due to... Read more »

Harlene Miller
Harlene Miller answered on Apr 12, 2021

I agree with my colleagues - I urge you to seek estate planning advice and consult with a bankruptcy attorney as well. Perhaps the probate attorney you are consulting with can also assist. There is much to consider.

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8 Answers | Asked in Bankruptcy for California on
Q: We are thinking of filing bankruptcy, one lawyer wanted to charge $4k, how can I find a more affordable option to file?

Our combined debt is about $40K and we cannot afford to pay such a high price for a lawyer right now. We want to be able to buy a home in the near future, and are considering settling each debt individually or filing BK if that would be more affordable.

Harlene Miller
Harlene Miller answered on Apr 8, 2021

I suggest you contact other bankruptcy attorneys for an estimate. Some of us offer a half hour no charge phone consultation to briefly discuss the options your are considering and fees involved. Without knowing more details, the quoted amount does seem very high.

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4 Answers | Asked in Bankruptcy for California on
Q: Can I access bankruptcy records from 1998 for information as to assets claimed on them
Harlene Miller
Harlene Miller answered on Apr 7, 2021

Answers already provided have accurately responded to your inquiry. You will need the case number and name of the Debtor that filed the case. Assets are listed on Schedules A and B. If you require additional information, contact a bankruptcy attorney - many of us offer a no charge phone consult.

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3 Answers | Asked in Bankruptcy and Real Estate Law for California on
Q: I own a house with my parents. If dad goes bankrupt can they take the house?

Mom and dad are both late in their late 70's and I know dad has $25 - $35 thousand in credit card debt and his business has at least that much. I can make the house payment but if one dies I can't pay his bills. How would bankruptcy work in California.

At the risk of asking two... Read more »

Harlene Miller
Harlene Miller answered on Feb 24, 2021

I agree with my colleagues. There are many issues raised in your question(s) that would best be answered by talking directly to an experienced bankruptcy attorney and perhaps a probate attorney. Some of us offer a half hour no charge consultation that might be able to provide some initial general... Read more »

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2 Answers | Asked in Bankruptcy for California on
Q: Does the judge ever cut cost lawyer is charging if I'm going into chapter 7 lawyer dismissing 13 fees I owe 7000.00

Paid partial 2000.00 for filing 13 now not working and lawyer saids can pay later but I owe 7000.00 and must pay upfront to file 2400 for chapter 7 too . Do the courts look at I'm still going to be indebt and cut cost of amount I have to pay ? and car will have to pay lawyer to help me not... Read more »

Harlene Miller
Harlene Miller answered on Feb 16, 2021

The Court does not often review fees paid to a bankruptcy attorney, unless a fee application is filed with the Court (required under some circumstances). You can also consult with another bankruptcy attorney about what needs to be done in your case and an estimate of cost if you are uncomfortable... Read more »

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3 Answers | Asked in Bankruptcy for California on
Q: Is lawyer fees not totaled for extras in 13 is it Considered secured debt if Saids client to get house loan at end ?

Dismissing soon to file 7 lawyer is doing asked lawyer for itemized fees , never told me adding on 3000 plus already owe 5000 in trustee portal . I know that, If retainer said in chapter 13 I owe is this considered secured debt since they put I'd take loan on home to pay remainder if I... Read more »

Harlene Miller
Harlene Miller answered on Feb 16, 2021

Your entry is very confusing. Sit down and talk with your attorney about the fees - you should have received a Retainer Agreement explaining what services are being provided for what cost - and whether it is a flat fee or whether additional fees may be incurred. If you filed a chapter 13, a... Read more »

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4 Answers | Asked in Bankruptcy, Consumer Law and Collections for California on
Q: I sued by credit card company
Harlene Miller
Harlene Miller answered on Feb 12, 2021

As already indicated by my colleagues - you must not ignore the lawsuit. Immediately contact a bankruptcy attorney in your area to analyze whether bankruptcy might be a good option for you to handle this lawsuit and any other debt that you have. If you do nothing, a judgment will be entered... Read more »

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6 Answers | Asked in Bankruptcy for California on
Q: Came to an agreement with collections company. They didn't hold up their end. They're also harassing. What can I do?
Harlene Miller
Harlene Miller answered on Feb 9, 2021

Depending upon your complete financial situation, bankruptcy may be an option for you. I agree with my colleagues - seek advice from an experienced bankruptcy attorney - some of us offer a no charge half hour consultation.

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3 Answers | Asked in Banking, Bankruptcy and Identity Theft for California on
Q: Do I need a bankruptcy lawyer

Identity theft not caught until my credit card account was long depleted for my business

Harlene Miller
Harlene Miller answered on Feb 8, 2021

My colleagues have provided good suggestions regarding how to proceed. Be sure to contact the credit card company immediately to report the fraudulent purchases/unauthorized purchases. Otherwise the charges made on the card will be your responsibility. Depending upon your overall situation,... Read more »

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5 Answers | Asked in Bankruptcy for California on
Q: I’m married & live in southern california & was planing to file chapter 13 separate from my husband, but now its a mess!

Last month I collected all the paperwork to file with a lawyer, but now my husband just told me he wants a divorce & for me to leave. We rent this house, but owner sides with him. The lawyer I was going to hire changed his mind today because I now have to move to northern california with... Read more »

Harlene Miller
Harlene Miller answered on Feb 4, 2021

I urge you to contact another bankruptcy attorney as soon as possible to discuss more specifics regarding your situation. Some of us on this site offer a half hour no charge consult which might be beneficial for you to get a full general understanding of your options - even before you relocate.

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5 Answers | Asked in Bankruptcy for California on
Q: I need to know if I can file a Chapter 7 bankruptcy.

My income is below the median, but because my rent is quite low, I have about $500.00 left over each month after I pay my monthly expenses. Will the availability of the $500 each month prevent me from filing a Chapter 7?

Harlene Miller
Harlene Miller answered on Feb 2, 2021

As stated by my colleagues, there is a lot of information to analyze and review in order to provide a specific answer. Going over your monthly expense budget to ensure you have all your required monthly expenses might be the first step. Having that much in "disposable income" may raise... Read more »

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4 Answers | Asked in Bankruptcy for California on
Q: How do I file for bankruptcy? I lost everything due to Covid & don't qualify for help. My new business failed.

I launched a new business the day shelter in place in California occurred. I'd been building the business for over a year & living on savings that's gone. I was a teacher for 20 years and had to quit due to cancer. I don't qualify for government help though I've tried. I... Read more »

Harlene Miller
Harlene Miller answered on Jan 24, 2021

I am so sorry to read about what you are going through. Bankruptcy may well be your best option. A difficult decision but in the long run, will relieve stress and worry. I urge you to seek assistance from an experienced bankruptcy attorney. There is much to evaluate and consider before filing... Read more »

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5 Answers | Asked in Bankruptcy for California on
Q: My estranged husband and I are going through a divorce, in September 2020 he filed for bankruptcy listing me as a credit

It was discharged December 2020 however I pulled his petition and he lied regarding his income. He failed to list his live-in girlfriend and her income towards household bills and he also claims our son lives with him when he signed over his rights for visitation a year ago. Has seen our son 8... Read more »

Harlene Miller
Harlene Miller answered on Jan 4, 2021

You have received good responses. You need to focus on what your goal is and what choices you have right now and how those choices may impact you. Talking with your divorce attorney should be the first step in determining whether the bankruptcy impacts your divorce in anyway as to community debt... Read more »

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4 Answers | Asked in Bankruptcy and Landlord - Tenant for California on
Q: Applicants filed for bankruptcy chap-7, two of their BK is discharged and one is FILED status. Should I rent my property

Applications including two co-applicants who have applied for my rental property have filed for BK chap-7. Two of the applicant's BK is in Discharge status (2018) but the third one's BK (Oct 2020) is in filed status. Should I rent my property for them? What are the pros and cons? Would my... Read more »

Harlene Miller
Harlene Miller answered on Dec 31, 2020

You have received good responses from my colleagues. There may be more factors that should be discussed before proceeding - I urge you to consult directly with a bankruptcy attorney who can cover all the specific issues with you before proceeding. There may be some things that need to be... Read more »

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