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Questions Answered by Harlene Miller
2 Answers | Asked in Bankruptcy for California on
Q: I want to refi my house, am in ch 13. I know i need to get permission from the court but wish to file the forms myself.

I have the form for the refi, but do i need to also modify my plan? I dont pay my lender through the plan. Do i also need to file something to file these without an attorney?

Harlene Miller
Harlene Miller answered on Oct 1, 2019

If you don't have an attorney representing you in your Chapter 13 - I urge you to seek such assistance. The proposed refinance may impact your budget and therefore impact your plan which would require an amended plan. You may be able to meet with an attorney for advice about how to proceed -... Read more »

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3 Answers | Asked in Bankruptcy for California on
Q: My wife and I are legal residents of France and are fully health insured there. On a vacation trip to the USA my wife

suffered a stroke. Now the medical bills have been forwarded to collection agencies. I have sent all of them the contact information of our French medical insurances but they keep harassing us. What should I do?

Harlene Miller
Harlene Miller answered on Sep 24, 2019

I agree with my colleagues. Unless France has bankruptcy options, that is the best you can do. Although they are debts incurred in the US, your residence controls these issues.

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3 Answers | Asked in Bankruptcy for California on
Q: How can a senior citizen, in San Jose, CA....get free bankruptcy counsceiing?
Harlene Miller
Harlene Miller answered on Aug 28, 2019

You may want to check at your local bankruptcy court, at the clerk's office. They may have information that will assist you in finding a resource. Also, check to see if there is a "Public Law Center" in your area which usually provides no cost legal assistance. You could also call a few... Read more »

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6 Answers | Asked in Bankruptcy for California on
Q: I have some bad financial problems, I think. I am considering bankruptcy.

I have managed to get about 6 credit accounts back to a good, current status, but have about 7 getting worse everyday. Including two loans. They probably total about $25000 at the moment, and I am making about $700 a week and am not sure I can save everything. My credit has gone down to 500 and... Read more »

Harlene Miller
Harlene Miller answered on Aug 27, 2019

I suggest you meet with an experienced bankruptcy attorney in your area to fully analyze your options regarding bankruptcy versus not filing bankruptcy. Understand that when filing bankruptcy you must include all debt you have, which means that the new cards, if balances are due, must be included.... Read more »

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3 Answers | Asked in Bankruptcy for California on
Q: Can I be forced to sell my home?

I live in my homesteaded home and I co-signed on a home for my daughter which I have nothing to do with she lives in it with her children and has made all payments since the purchase. I am planning on filing a chapter 7 bankruptcy as I am 74 years old and make a little over 1000.00 a month on my... Read more »

Harlene Miller
Harlene Miller answered on Aug 16, 2019

I urge you to contact a bankruptcy attorney in your area. There are a lot of factors here that need to be considered. Whether or not your home is homesteaded, that does not necessarily mean that it is completely protected if you file bankruptcy. The Chapter 7 Trustee assigned to your case will... Read more »

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4 Answers | Asked in Bankruptcy for California on
Q: Can my filing Chapter 7 by myself have creditors come after my husband after its done?

I live in California. I rent a room somewhere else while my husband stays in the house we rented. Do to his behavior I decided to leave. We are not legally separated, but don’t currently live in the same county together. My income by myself would get me chapter 7 to remove crushing credit card... Read more »

Harlene Miller
Harlene Miller answered on Aug 12, 2019

Attorney Lively has been generous with information for you. However, I urge you to actually meet and consult with a bankruptcy attorney in order to fully understand all related issues and options for what you are contemplating.

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4 Answers | Asked in Bankruptcy, Gov & Administrative Law, Sexual Harassment and Identity Theft for California on
Q: I have a card debt with $35,000 used with me and my boyfriend. he didn't have a social so I let him use and pay me back

But apparently, he did not. He just keep talking he will pay me back, he will work hard, but nothing paid back. I let him use my credit card for daily life, but he used for sports betting without my consent. He kept promised me he won't do it again but it is still happening and he even do cocaine.... Read more »

Harlene Miller
Harlene Miller answered on Aug 7, 2019

Your situation is very unfortunate. Certainly an option would be to sue him for the money he "borrowed" from you on your credit card, but a judgment is only good if you can collect the money - which might be very difficult under the circumstances of his lifestyle. I hope he no longer has access... Read more »

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2 Answers | Asked in Bankruptcy for California on
Q: My chapter 7 discharge is more than 10 yrs old, I'm just receiving a NFR, is this possible and what do I need to do?
Harlene Miller
Harlene Miller answered on Aug 6, 2019

I agree with my colleague - highly unusual for a Trustee to file a final report after such a long period of time. May have been overlooked, or perhaps there was something going on in the case that the Trustee was monitoring. If you were represented by an attorney, check with your attorney on this... Read more »

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2 Answers | Asked in Bankruptcy for California on
Q: California: forclosure 2009 Bankruptcy 2012 will Debtor be able to collect special assesment HOA for forclosed RE

In California: The HOA special assessment was added to the regular HOA fee and they said that I would have to pay it even if I sold the property. I had to foreclose in 2009 for inability to pay. In addition I had a bancrupcy in 2012 which included The assessment and CC debts. I was single at the... Read more »

Harlene Miller
Harlene Miller answered on Jul 17, 2019

Without reviewing your bankruptcy documents, if the assessment was properly listed as a creditor in the case, it should have been discharged. Have you heard from the HOA since the bankruptcy? You may want to speak with your bankruptcy attorney that handled your 2012 case. If no attorney, contact... Read more »

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3 Answers | Asked in Bankruptcy for California on
Q: Hello, my name is Raz, i dont know i am on right place or but i need some legal advice. My home is about to foreclose

Can i file chapter 13 to avoide forclose and make a payment plan whats the impact of my credit report and how soon i can get stay order because its less then 10 days left.

And can you help me out for filling bankruptcy

I need your reply as soo. As u can.

I previously filed... Read more »

Harlene Miller
Harlene Miller answered on Jul 4, 2019

I urge you to locate a Chapter 13 bankruptcy attorney in your area as soon as possible for analyzing your eligibility to file Chapter 13. This type of case can certainly be a good option for resolving your issue and stopping the foreclosure.

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3 Answers | Asked in Bankruptcy for California on
Q: Do I need to file for bankruptcy? I can not afford to pay my monthly payments to SOME of my creditors for NOW.

My total debt is 30K to multiple creditors, 3 personal loans. I can not afford to pay my monthly payments to ALL of them for NOW. I am WILLING to pay but I can not promise when. Do I need to file for bankruptcy? Please advise. Thank you.

Harlene Miller
Harlene Miller answered on Jun 26, 2019

There are a lot of variables regarding whether a person can, should or is qualified to file bankruptcy. I recommend seeking an initial consultation with an experienced bankruptcy attorney who can analyze these issues and explain your options. Some of us offer a half hour no charge consultation... Read more »

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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
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
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
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
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
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
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
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
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
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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