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Questions Answered by Harlene Miller
4 Answers | Asked in Bankruptcy for California on
Q: Bankruptcy

I have a estimate of $5,000 debt, back rent of $8000 and a car loan I'm still wanting to continue to keep. I can't catch up on my rent or debt. I'm a single mom with my only income. Should I file for bankruptcy?

Harlene Miller
Harlene Miller
answered on Jun 28, 2022

I too suggest that you contact a bankruptcy attorney for a discussion of options. Several of us offer a half hour phone consultation that will likely provide information for you to consider regarding your options (bankruptcy and non-bankruptcy options).

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4 Answers | Asked in Bankruptcy for California on
Q: Regarding Bankruptcy. I live in California.

I never have filed for bankruptcy and I'm thinking I need to. I need to know if this is the right thing to do. I also owe back rent and would like to know if that would be included?

Harlene Miller
Harlene Miller
answered on Jun 28, 2022

There is much to consider regarding bankruptcy as an option for you. I suggest you contact an attorney for an initial discussion. Some of us offer a half hour no charge consultation which will provide information regarding your options.

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2 Answers | Asked in Bankruptcy, Tax Law and Business Law for California on
Q: Need help to dissolve S Corp due to pandemic- Can someone help?

Fitness company- Officers are myself and husband. Devastated by pandemic and not able to recover. There’s unfiled back taxes and a recent $110k judgement from a defaulted business loan with me only as the personal guarantor. I hired a firm several months ago to help negotiate a settlement but... Read more »

Harlene Miller
Harlene Miller
answered on Jun 16, 2022

There are many issues you mention that far exceed what can be discussed on this site. I urge you to consult with an experienced bankruptcy attorney with broad experience: including creditor representation in order to explain the impact of a potential bankruptcy on the creditors and how they might... Read more »

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3 Answers | Asked in Bankruptcy for California on
Q: Hello,My family member is on disability and not working for 2 years. Has thousands dollars of debt on credit cards.

which was established during the education, and paying hundreds of dollars each month for the principal and interest since 2013. Trying to have help from the programs, e.g., related to COVID, but representatives did not help, just tried to involve into the new obligations.

I found you on... Read more »

Harlene Miller
Harlene Miller
answered on Jun 14, 2022

Debt issues cause a great deal of stress and anxiety but oftentimes can be resolved. Considering bankruptcy should be looked into. It is important to talk with a bankruptcy attorney in your area to fully understand options and related issues. Many of us offer a half hour phone consultation at... Read more »

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4 Answers | Asked in Bankruptcy and Collections for California on
Q: I'm 64 years old w/around $70k CC debt (mostly due to losing my job in March 2020. I need legal advice on how to get

a "judgment proof" (write off the debt) as I'm no longer in the country and have no means to return. I still use a friend's address in Walnut Creek for my social security and IRS. My wife was sick with an autoimmune disease so we had to live off CCs for the last two years). My... Read more »

Harlene Miller
Harlene Miller
answered on Jun 8, 2022

Others have provided good responses for you and bankruptcy option may not be a direction to take - based on the info provided, you certainly are not eligible to file in California. Without bankruptcy, I suggest you continue to monitor what your creditors are doing, obtain a credit report so you... Read more »

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2 Answers | Asked in Bankruptcy for California on
Q: Hello, I currently am in Chapter 13 bankruptcy and have been for a year. I would like to stop making payments so the

the case is dismissed and I can refile adding some additional debt. Is this possible.

Thank You.

Harlene Miller
Harlene Miller
answered on May 24, 2022

Were the debts you are talking about adding, incurred prior to the filing of your chapter 13 case or were they incurred since the filing? Also, a chapter 13 case can be dismissed voluntarily, by filing a request with the Court. I suggest you talk with a bankruptcy attorney directly to discuss... Read more »

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6 Answers | Asked in Bankruptcy, Collections and Landlord - Tenant for California on
Q: In California, does a Judgement continue to accrue interest after the 10 years time limitation?

In this case, 10 years have passed, there is no renewal, no attempt to collect or attempt to pay by any party. Does the interest continue beyond the 10-year time a judgement is valid? Is it possible to negotiate a settlement agreement to pay the original amount owed without the interest added and... Read more »

Harlene Miller
Harlene Miller
answered on Apr 6, 2022

The responses from my colleagues have covered all the issues. Urge you to contact an attorney for a more detail discussion and analysis of your issues.

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3 Answers | Asked in Bankruptcy for California on
Q: Should I file for bankruptcy or settle law suit?

I make $20 an hour , I got behind on payments because I lost my job and I am in debt for $7000, all cards are in collection to debt agency charged off. One of them is suing me , I could settle that but I won't be able to settle all if any others come after me but may be able to pay monthly .... Read more »

Harlene Miller
Harlene Miller
answered on Mar 11, 2022

Filing bankruptcy requires analysis of more than just one issue. It is important to consult with an experienced bankruptcy attorney to fully understand the issues and options. It incluudes analyzing all debt, income, monthy expenses and assets that you have. Some attorneys offer a no charge... Read more »

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5 Answers | Asked in Bankruptcy, Banking, Federal Crimes and Social Security for California on
Q: I ran a credit report and found out someone used my credit to get a car loan. What should I do? Any one that can help me

I have the name of the loan company that issued the loan to this stranger that stole my identity. Can I file a lawsuit?

I live in Rosemead any lawyer near me

Harlene Miller
Harlene Miller
answered on Feb 24, 2022

My colleagues have provided thoughtful and pertinent advice. Good luck in resolving the issue.

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6 Answers | Asked in Bankruptcy, Identity Theft and Small Claims for California on
Q: Can a bank collect a debt on a credit card 13 years after the last payment was made?

I was contacted by a law firm representing US Bank. For a credit card that was open in 2005 and payments made on it until 2008. A balance of 5000 was never paid. I have no recollection of this. It has never been on my credit report. It could have been opened by my ex wife. We were going through a... Read more »

Harlene Miller
Harlene Miller
answered on Nov 5, 2021

You have been provided excellent responses from my colleagues. Attorney Greene has particularly addressed many of the issues. From the information provided, it appears that the Statute of Limitations has expired at this time for suing you but the creditor can still try to collect. For more... Read more »

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2 Answers | Asked in Bankruptcy for California on
Q: included in bankruptcy

I am part of the CWA Frontier CA. We do have a contract but I have a civil case against Frontier CA that all the actions within that Civil case are in the contract. Frontier has placed my case in the bankruptcy. I have been searching to have the dismissal of my inclusion. Any help is appreciated.

Harlene Miller
Harlene Miller
answered on Oct 22, 2021

I agree with my colleague - without further information, bankruptcy rules are very clear: all creditors must be included in a bankruptcy filing. You may want to consult with a bankruptcy attorney further to determine how your claim is being treated in the case. It is also important to read all... Read more »

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6 Answers | Asked in Bankruptcy for California on
Q: I got served for BofA credit card $24980 debt. I call lawyer who sue me and willing to settle for $14k. Take the deal?
Harlene Miller
Harlene Miller
answered on Sep 8, 2021

I agree with my colleague. It is important to consider your entire financial situation. Are there other debts that you have that may lead to another lawsuit? Also, there are important issues to address when reaching a settlement with a creditor depending on whether you are offering a lump sum... Read more »

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2 Answers | Asked in Bankruptcy for California on
Q: Just received a letter in the mail “notice to professionals to file applications for compensation” What does this mean?

My chapter 7 bankruptcy was granted discharge in may. I have a property that is under exemption/protected. I also had to turnover my 2020 tax refund. What does this letter mean?

Harlene Miller
Harlene Miller
answered on Aug 31, 2021

Apparently, assets were collected by your Chapter 7 Trustee, or property was sold in your case, Were you aware of this during the case? Usually when this occurs, professionals are hired to represent the Chapter 7 Trustee (such as a CPA, an attorney) who are entitled to receive payment of their... Read more »

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4 Answers | Asked in Bankruptcy, Consumer Law and Collections for California on
Q: My debt is 3 years old. I was sued in my absence from the country and now wish to return. Not sure how to

I left California due to a bad relationship. I foolishly walked away from all responsibilities as I was extremely stressed and left 30k of outstanding debt. Car loans, cc, etc. Prior to this my credit was perfect! It was the biggest mistake of my life!!

It’s now been 3 or so years and I... Read more »

Harlene Miller
Harlene Miller
answered on Aug 17, 2021

In addition to consulting with a bankruptcy attorney, I suggest you get a copy of your credit report to see what is being reported and to identify the creditors. You will need this information whether you want to settle the debt or if you decide to file bankruptcy.

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2 Answers | Asked in Bankruptcy, Constitutional Law, Domestic Violence and Real Estate Law for California on
Q: Does Civil Code Section 1708.7, Right to terminate lease due to Domestic violence, apply to commercial leases as well?

A tenant claiming civil code 1708.7 sent a notification requesting to terminate the current lease due to domestic violence. However, this is a commercial lease and not a residential one. And the tenant still has an unpaid balance pending. Is the tenant able to break the lease and not have to pay... Read more »

Harlene Miller
Harlene Miller
answered on Aug 16, 2021

I agree with Attorney Lloyd and recommend you consult with an attorney regarding the specifics you are rrequesting.

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5 Answers | Asked in Bankruptcy for California on
Q: I have about 15k in debt and another 12k to the IRS ,how much would it cost to file bankruptcy?
Harlene Miller
Harlene Miller
answered on Jul 6, 2021

I urge you to contact a couple bankruptcy attorneys in your area, including those you might find on this site. Many of us offer a no charge half hour consultation on the phone. You should be comfortable with the attorney you are talking with, that they have the knowledge to handle your case. I... Read more »

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5 Answers | Asked in Bankruptcy for California on
Q: my friend is filing for bankruptcy over a $24,000 credit card bill

Igave her a check for $ 10,000 to cover rent and expenses for next 6 mos.

shes afraid to cash the check at her bank because shes afraid the court or creditors may discover it and stop the bankruptcy or worse

is there a way for her to cash the check or receive funds... Read more »

Harlene Miller
Harlene Miller
answered on Jun 25, 2021

My colleagues whom have responded, have done a great job in covering the issues. Take heed and I urge consultation with an experienced bankruptcy attorney.

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4 Answers | Asked in Bankruptcy for California on
Q: How do I get a pro bono lawyer after I file a chapter 11 claim and it gets removed and appeal is required.
Harlene Miller
Harlene Miller
answered on Jun 24, 2021

I suggest you contact a bankruptcy attorney - some of us offer a half hour no charge consultation - which might clarify what exactly is occurring with your claim. Do you mean that your claim was objected to by the Debtor? If litigation is required, it might be difficult to engage an attorney at... Read more »

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2 Answers | Asked in Bankruptcy and Small Claims for California on
Q: I need help with paying off a debt that I’m not the only one responsible for.

Two friends of mine and I signed a year long lease. We agreed every month we’d split the bills for the apartment three ways. In March, they bailed on me and moved back to Mississippi. We will receive an invoice for the settlement agreement (~10K), but I don’t know who they’re sending it to.... Read more »

Harlene Miller
Harlene Miller
answered on Jun 23, 2021

Unfortunately, even though all of you are on the lease, the landlord can seek payment from any one of you. Since you all signed the settlement agreement, you are all responsible for payment. However, unless other language was included in the agreement, you are all joint and severally liable for... Read more »

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4 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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