Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Harlene Miller
3 Answers | Asked in Bankruptcy for California on
Q: Can a towing company charge me over $4,000 for the time it's been there when they sold the car to someone else?

My brother parked a car that was under my name on a parking spot he wasn't supposed to. So the towing truck towed it away and are charging me a bill of almost $4,000. We never took the car out. The towing company said they sold the car, but since it was under my name while it was in there,... Read more »

Harlene Miller
Harlene Miller answered on May 15, 2020

The towing company is allowed to sell a vehicle that is towed and not picked up by the owner. They sell them to cover the storage fees - which they are allowed to do. If they sue you for the fees, you need to resolve it or they can get a judgment against you. You can choose to do nothing right... Read more »

View More Answers

4 Answers | Asked in Bankruptcy and Estate Planning for California on
Q: What happens to assets & property in a revocable trust upon the trustor's death if in the process of bankruptcy?

My mother just passed away. She has a revocable trust, of which I am trustee/executor, state of AZ. She was in the process of filing bankruptcy but did not officially file with the court yet. What are my responsibilities as trustee? Do the beneficiaries have a right to the proceeds from the sale of... Read more »

Harlene Miller
Harlene Miller answered on May 14, 2020

Sincere condolences to you. I suggest you talk with your mom's trust attorney or a trust attorney in your area to confirm what needs to be done. You can also contact your mom's bankruptcy attorney to discuss the issues but since the case has was not yet filed, a bankruptcy cannot be... Read more »

View More Answers

2 Answers | Asked in Bankruptcy and Small Claims for California on
Q: Bankruptcy and the trustee, where is the justice?

towed, left her stranded and no way to get her kids to school, took her friend to court and won the judgment after several attempts to collect with even the judge ordering her to make payments she forfeited and so the judge granted us the full payment and she still refused to make any kind of... Read more »

Harlene Miller
Harlene Miller answered on Apr 30, 2020

The reality of chapter 7 bankruptcy is that the person filing must disclose all assets and debts. If assets are not disclosed then it might give rise to objecting to the debtor getting a discharge of debt. However, it requires the creditor objecting to consult with and retain a bankruptcy... Read more »

View More Answers

3 Answers | Asked in Bankruptcy for California on
Q: What are reasonable attorney fees for a BK 13 case that was not confirmed. How can I see what the court would consider

What would the court consider excessive? The case was not confirmed they recommended dismissal now they want to take the whole 15 grand the trustee is holding

Harlene Miller
Harlene Miller answered on Apr 24, 2020

You should have been receiving monthly statements from your attorney as soon as you retained the attorney. That way you would be seeing what the attorney billed in the case on a monthly basis. If the attorney is seeking approval of fees incurred during representation of you in the case,... Read more »

View More Answers

1 Answer | Asked in Bankruptcy for California on
Q: question how does one contact their bankruptcy trustee during covid-19 shelter in place? in northern ca.

I need to payoff a loan,I have had the funds since 3/15,the foreclosure attorney is being difficult and said the lender is in bankruptcy and the trustee needs to provide the payoff amount.He said that he will go ahead and file notice sale of trustee on my home even if he is the one delaying the... Read more »

Harlene Miller
Harlene Miller answered on Apr 17, 2020

I urge you to get an experienced bankruptcy attorney in the area where the case is - immediately.

3 Answers | Asked in Bankruptcy for California on
Q: I have a discharged bk chp 13 I wanted off my crdit report I dispued it with the agnecies what to do next?
Harlene Miller
Harlene Miller answered on Apr 17, 2020

I agree with the information provided to you by my colleagues. Since there is nothing you can do to get the bankruptcy off the report, I suggest you attempt to offset the negative by doing things that will help repair your credit. For instance, if you had a car loan that you retained and are... Read more »

View More Answers

3 Answers | Asked in Bankruptcy for California on
Q: I had my meeting with trustees 30 days ago. I put some money from my savings which was protected and bought stocks

Will this affect my bankruptcy. It was 800 dollars worth

Harlene Miller
Harlene Miller answered on Apr 10, 2020

It should not have any effect on your case. I also suggest you talk with your own bankruptcy attorney. If you filed without an attorney, and have more questions about this matter, locate an attorney from this site or near you for additional information.

View More Answers

3 Answers | Asked in Bankruptcy for California on
Q: Does it do me any good to get a promotion or a better-paying job while in Ch. 13?

My Ch. 13 was filed and approved in the summer of 2017, so I am halfway through it. If I get a raise or a better-paying job now, does whatever additional income I get just go to paying a higher amount each month to the plan? Will I have to file a new budget and get a new approval from the court?... Read more »

Harlene Miller
Harlene Miller answered on Apr 7, 2020

Chapter 13 requirements include providing a copy of your tax return to the Trustee yearly. If you are not in a 100% plan (providing 100% to your creditors), the Trustee can evaluate your income based upon the tax return, and if it appears that you have additional disposable income, you may be... Read more »

View More Answers

5 Answers | Asked in Bankruptcy and Tax Law for California on
Q: Are income taxes from about 10 years ago dischargeable through chapter 7 bankruptcy?

My partner never filed the tax return for those years. I believe IRS filed substitute returns and the income taxes owed for each year were assessed a while ago. Do I need to file returns for those years before filing bankruptcy?

Harlene Miller
Harlene Miller answered on Mar 23, 2020

I agree with my colleagues. They have provided good information for you. I also urge you to speak directly to a bankruptcy attorney in your area if you are contemplating bankruptcy to deal with the taxes or with other debt.

View More Answers

3 Answers | Asked in Bankruptcy, Consumer Law and Tax Law for California on
Q: how can i get the irs to stop taking my refunds or stimulus checks coming. i am making monthly payments to them.
Harlene Miller
Harlene Miller answered on Mar 20, 2020

As advised, consider changing your withholdings to eliminate refunds. You need to meet with a CPA or tax professional to calculate this for you - you don't want to change them so much as to create a tax liability.

View More Answers

2 Answers | Asked in Bankruptcy, Contracts and Education Law for California on
Q: I am in a financial debt that I am not suppose to be paying. How can I stop paying this loan?

I went to study abroad only because the program was going to help me pay my tution. When I arrived to the other country they said "sorry we can't help you. Get a student loan." I was in serious frustration and started to worry a lot because I did not know this was going to happen to... Read more »

Harlene Miller
Harlene Miller answered on Mar 16, 2020

I suggest you seek advice from an attorney in your area - perhaps a general litigation attorney or bankruptcy attorney. There are insufficient details in your submission for me to respond with any specifics. For instance, is the loan you have a student loan obtained from the Dept. of Education... Read more »

View More Answers

2 Answers | Asked in Bankruptcy and Contracts for California on
Q: I want to know if I can sue somebody for breech if contract. I co signed but ended up in front and he returned the car

I co signed but ended up in front and we agreed on refinancing the car to get it out of my name and without my knowledge he voluntarily surrendered the car. Now he does not want to pay the collection bill , it was 8000 I called the finance company and lowered it to $4,500 and monthly payments of... Read more »

Harlene Miller
Harlene Miller answered on Mar 14, 2020

This is not really a bankruptcy issue - other than the fact that if he filed bankruptcy, he can list you as a creditor and seek to discharge his potential liability to you. If that occurs, then I can assist you in discussing what might be done. Otherwise, you can look into filing a small claims... Read more »

View More Answers

2 Answers | Asked in Bankruptcy for California on
Q: My Chapter 7 meeting is on 3.3.20 at 1000. ? on removal of involuntary lien on mobilehome outside of attorney now

Because it took so long to get questions answered on further papers needed for filing, BofA filed a lien on mobile-home. Present attorney will charge another several thousand for removal. Is it possible to get it done for less with another attorney?

Harlene Miller
Harlene Miller answered on Mar 2, 2020

I recommend you contact other bankruptcy attorney's in your area. This isn't the forum for discussing fees. I also urge you to get information from your current attorney to find out more about the process of avoiding the lien to better understand your options and the basis of his... Read more »

View More Answers

4 Answers | Asked in Bankruptcy for California on
Q: If someone already filed for bankruptcy, waiting for hearing in morning, can another lawyer deal with removing I-lien.

I understand all of what is needed for information on bankruptcy and the need for it with filing for involuntary lien removal. All I need is to find out what the average cost is to have it removed during the process of waiting for dismissal.

Harlene Miller
Harlene Miller answered on Mar 2, 2020

The answer provided by Atty Lively is accurate as to seeking assistance from another attorney - which would require your current attorney to substitute out of the case in place of a new attorney to represent you. I recommend you search for an attorney in your local area to assist you - but... Read more »

View More Answers

4 Answers | Asked in Bankruptcy for California on
Q: im negotiating a injury claim and injury stopped me from working and put me in financial ruin

Not sure when if getting settlement but I need to take of my creditors currently. If haven't settled yet Is that going to effect my bankruptcy. Is there a time period

Harlene Miller
Harlene Miller answered on Mar 2, 2020

The disclosure requirements when filing bankruptcy are absolute. I urge you to consult with an experienced bankruptcy attorney before you take any further action so you can fully understand your options and issues. The mere fact that you have a claim, is an asset that must be considered and... Read more »

View More Answers

5 Answers | Asked in Bankruptcy for California on
Q: If I'm filing bankruptcy and getting a settlement from an accident do I have to disclose to the court
Harlene Miller
Harlene Miller answered on Mar 2, 2020

As stated by my colleagues - bankruptcy requires full disclosure of all assets and debts. I urge you to talk with your bankruptcy attorney regarding disclosures and importantly, how your assets may be protected and retained by you. If you don't have an attorney, I urge you to consult with an... Read more »

View More Answers

5 Answers | Asked in Banking and Bankruptcy for California on
Q: Bankruptcy and keep home?

Can we file bankruptcy and keep home?

Harlene Miller
Harlene Miller answered on Feb 27, 2020

Your question can't be properly answered without more information. Depends on what type of bk, value of property, value of your other property, secured debt on the property, etc. Locate a bankruptcy attorney in your area from this site - or contact me regarding half hour no charge consult.

View More Answers

3 Answers | Asked in Bankruptcy, Collections and Landlord - Tenant for California on
Q: Hi, I do have eviction on my record. it's from last year. my previous land lord's lawyer keeps calling me to collect mo

LIVE IN CA, I do have eviction on my record. it's from last year. my previous land lord's lawyer keeps calling me to collect money. i can't make a peyment now. would they send it to a collection agency or suing me in court. if any of those happen could i still settle a payment with... Read more »

Harlene Miller
Harlene Miller answered on Feb 17, 2020

Whether or not you can negotiate payments with a creditor really depends upon the creditor's willingness to do so. Calling and telling them you have no money isn't going to resolve anything. I understand they evicted you but did they also sue you for the balance due to the landlord?... Read more »

View More Answers

3 Answers | Asked in Bankruptcy for California on
Q: Is dmv registration for a car i am turning in dischargeable under chapter 7 bankruptcy?

Should I pay the planned nonoperation fee of $22 or should I not pay anything and list dmv as a debtor?

Harlene Miller
Harlene Miller answered on Feb 13, 2020

I agree with the answers provided. Particularly, urge you to talk with your bankruptcy attorney to evaluate this issue entirely in the context of your case.

View More Answers

3 Answers | Asked in Bankruptcy for California on
Q: Garnishment of 25% student loan We have fallen behind on our debt by a couple thousand. How do we get help?
Harlene Miller
Harlene Miller answered on Feb 6, 2020

I suggest you use this site to locate a bankruptcy attorney in your area to consult regarding your options. Many of us offer a half hour no charge consultation. You may not need a bankruptcy, but that is where I suggest you start - since an attorney with that experience may be able to evaluate... Read more »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.