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Questions Answered by Harlene Miller

2 Answers | Asked in Bankruptcy for California on

Q: Can a judgement ordered for omitted assets from a divorce from over 9 years ago also now be put into a new bankruptcy?

The judgement was just rendered, the ex-husband is telling the ex-wife even with the judgement all he is going to do is file for a bankruptcy so he never has to pay what he originally hide from her to begin with, the judgment amount is roughly $375,000?

Harlene Miller answered on May 22, 2019

Likely not dischargeable in a bankruptcy context but should he file, strongly urge you to meet immediately with an experienced bankruptcy attorney. Or meet with a bankruptcy attorney immediately to have the judgment reviewed and assets discussed to better address the issues and options should he... Read more »

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3 Answers | Asked in Bankruptcy for California on

Q: What information do you require on a free consultation on bankruptcy? I need assistance asap.

I just became a cancer survivor still following up at the cancer center. I was on FMLA july 10 2018 thru Jan 2019.. return to work on Feb 2019 and just started a second job this month of May 2019. I'm struggling financially. I have my car and is behind on payments car insurance. Utilities..and... Read more »

Harlene Miller answered on May 20, 2019

For a half hour no charge consultation, I require a monthly expense budget be completed (I provide a form); six months of paystubs and documents evidencing all income received from other sources if any; discussion will include assets (house, cars, etc.) which don't usually require documents but do... Read more »

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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!!

Harlene Miller answered on May 14, 2019

I agree with my colleague; and urge you to talk with a bankruptcy attorney as soon as possible. There may be a public law center available in your area or contact the Office of the U.S. Trustee in Los Angeles at the Bankruptcy Court and see if they can direct you. How long ago was the case filed?... 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 »

Harlene Miller answered on May 13, 2019

Your question raises several issues. First and most important, you should personally set up a consultation with a bankruptcy attorney (not the one that may be representing mother in her case). You need separate advice regarding your interest in the property as well as any impact mother's... Read more »

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4 Answers | Asked in Bankruptcy for California on

Q: Can an emergency chapter 7 protect my car from repossession. I’m late on a payment with another looming. How fast can ac

Harlene Miller answered on May 1, 2019

Yes, filing a bankruptcy would stop repossession. However, depending upon what type of bankruptcy is filed, it may not be a permanent fix. If you file Chapter 7 and can't afford to cure the payments or continue the payments, the lender can seek relief from the Court to proceed with repossession.... Read more »

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6 Answers | Asked in Bankruptcy and Appeals / Appellate Law for California on

Q: if a judgement s issued in a civil case then a stay is entered because a chapter 13 bankruptcy is filed

does that extend the deadline to file an appeal in the civil case

Harlene Miller answered on Apr 6, 2019

The stay tolls the deadline for a period of time. I urge you to talk with your bankruptcy attorney about this. If you do not have an attorney representing you in the Chapter 13, I urge you to get one. Chapter 13 is a complicated bankruptcy.

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2 Answers | Asked in Bankruptcy for California on

Q: Is it possible to join the class action case #18-20254. It's been a year since they filed.

I filed for bankruptcy back in 2011 and was told that student loans were not allowed to be discharged. I have both private and federal loans under Navient and the payments are literally killing me. I've had to take 3 jobs to make $700 a month payment and, with every payment I make, the amount seems... Read more »

Harlene Miller answered on Mar 18, 2019

If you received notice of the class action because you are a potential claimant based upon Navient school loans that you obtained, read the notice carefully and follow-up. Also, there is a site online - Navient student loan class action that has a lot of information and contact information. Some... Read more »

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3 Answers | Asked in Bankruptcy for California on

Q: Hello, I need help. My bankruptcy lawyer was paid to file a chapter 13 case and never did. Lost my home. Case?

We paid him $1200.00 up front. I have the contract and the emails where we sent all documents requested by him. We were soppose to keep you ur home and make monthly payments to creditors.Please help.

Harlene Miller answered on Mar 11, 2019

You may want to seek assistance from a legal malpractice attorney to evaluate a claim against the attorney. I suggest you do that as soon as possible. If you still require bankruptcy assistance due to other debt, seek assistance from the State Bar of California for referrals.

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3 Answers | Asked in Bankruptcy for California on

Q: Can a Plaintiff get a judgement in Civil Court & Federal Court against two defendants for the same amount?

I've been sued in Federal Court for funds I did not receive, which I have proven already. The Plaintiff has also filed a civil suit against the party who received the funds in a different State and won. Can they still sue me in Federal Court, BK 7 Case, despite getting a judgement for the full... Read more »

Harlene Miller answered on Mar 5, 2019

Your question is a bit vague, but if you are asking whether a creditor can file a lawsuit in a chapter 7 bankruptcy in federal court even though they already sued in state court - the answer is yes. If you filed bankruptcy, creditors can file a complaint (called an adversary proceeding)... Read more »

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2 Answers | Asked in Bankruptcy for California on

Q: Chapter 7 bankruptcy was discharged. Reaffirmation agreement was never signed, due to misplacement of paperwork?

The lien holder allowed me to keep my vehicle as long as I made payments on time and thanked me for doing so. I have done this for 12 months. The question is I am underwater on the vehicle by $4K, and it is time to sell it or trade it in for a new car. My credit scores are back in the 700 range... Read more »

Harlene Miller answered on Feb 25, 2019

This is really not a bankruptcy question so I am unable to tell you how any of the options will affect your credit. However, you need to determine what is financially best for you. From my experience with other clients, if you use the car as a trade in, and money is still owed on the original... Read more »

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2 Answers | Asked in Bankruptcy for California on

Q: Would there be a difference between equity in federal court and equity in state court.

Would an adversary complaint in BK be in equity?

Harlene Miller answered on Feb 25, 2019

Not sure what you are asking. Are you are talking about "equity" or value in property? Then, this gives rise to questions about valuation of property for bankruptcy purposes and how best to protect "equity" or value you may have in property. My colleague is correct in that regard - we have two... Read more »

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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.

Harlene Miller answered on Dec 27, 2018

My colleagues have covered the question, and I agree with the analysis. You may want to talk with an experienced bankruptcy attorney regarding a potential for filing another chapter 13, or some of us have experience in advising clients on ways to deal with creditors, budgeting and other ideas to... Read more »

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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?

Harlene Miller answered on Dec 7, 2018

There are many variables in determining eligibility to file Chapter 7. I urge you to seek a consultation with a qualified bankruptcy attorney in your area. The analysis is critical in order for you to understand your options.

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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?

Harlene Miller answered on Nov 26, 2018

I agree with Mr. Lively's comments. Also, Transferring assets in contemplation of bankruptcy is a slippery slope. You really need to consult with an experienced bankruptcy attorney in order to understand all of the issues and how best to protect yourself and assets that you have.

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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.

Harlene Miller answered on Nov 19, 2018

Notice of a bankruptcy filing is usually not sent by email. What was the source of the notice and what did you receive? I suggest you find a bankruptcy attorney local to you to check the status of the case. Chapter 11 is a very different type of bankruptcy, so it will be important for you to... Read more »

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

Q: How can I find a gd Bankruptcy attorney that is experienced working for landlords whose commercial tenant filed CH 11?

My commercial tenant said they just filed CH 11. They are in default of lease for not paying this months rent and other expenses. I believe I need to file a motion for relief of automatic stay. which means I need help to file this motion soon.

Harlene Miller answered on Nov 19, 2018

Check with your state bar association for a list of bankruptcy attorneys that have Chapter 11 experience. Also, you can check online for bankruptcy attorneys in your area - look for attorneys who focus on bankruptcy in their practice - rather than a general practitioner that handles many areas of... Read more »

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3 Answers | Asked in Bankruptcy for California on

Q: I would like to know what to do about a NOTICE OF OBJECTION TO CLAIM? San Bernardino City Bankruptcy

Received from US Bankruptcy Court . Deadline for Opposition Papers must be filed 14 days prior to the hearing date of Nov 28, 2018. This is dated Oct 26, 2018. Notice of Objection and Objection pursuant to section 502 of title 11, US Code (Bankruptcy Code) Rule 3007 of Federal Rules of Bankruptcy... Read more »

Harlene Miller answered on Nov 12, 2018

I urge you to seek advice from a bankruptcy attorney. You have a deadline to deal with. The issue, however, may be that if you actually filed a lawsuit that was denied, then you may not have a claim any longer. But, there may be information in the documents contrary to this. Get legal... 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.

Harlene Miller answered on Nov 5, 2018

As my colleagues indicated - I have never heard of the "silent exemption." Don't know that there is such a thing. Depending upon your assets, you may qualify to use what is called the "wildcard" exemption which you can use toward assets with more value than a specific exemption for that asset,... 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?

Harlene Miller answered on Oct 31, 2018

Yes you can. If you have received a notice of the sale, it is critical to pay attention to not only the date for the foreclosure sale but also the time of the sale. I urge you to meet with an experienced bankruptcy attorney to analyze your options including Chapter 7 or Chapter 13. Chapter 13... 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?

Harlene Miller answered on Oct 22, 2018

I agree with my colleagues comments. In addition, if you have absolutely no ability to pay due to no income - you may want to seek assistance from a public law center for a no fee or very low fee bankruptcy. Check in your area.

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