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Questions Answered by Harlene Miller
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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2 Answers | Asked in Bankruptcy and Consumer Law for California on
Q: The judge in a chapter7 case, terminated motion of stay, gave creditor motion rule 9014-1(f)(3) and 4001-1

How much time does Movant have to reposed the vehicle?

Harlene Miller
Harlene Miller answered on Dec 19, 2020

The vehicle can be repossessed anytime after entry of the order granting the motion. I suggest you contact attorney that filed the motion and arrange a time for repossession. Be sure to remove your personal items from the vehicle. After repossession and sale, you may receive a letter regarding... Read more »

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3 Answers | Asked in Bankruptcy for California on
Q: I filed chapter 7, Pro-Se. After 341 meeting creditor filed motion to relief of stay. Was granted in his favor.

This is for a vehicle that had interest rat of 20.8% owed more then car was worth.

Harlene Miller
Harlene Miller answered on Dec 19, 2020

No specific question posed. However, once the Motion for Relief is granted and an order entered, it provides the creditor the ability to repossess the vehicle. You should have received a copy of the Motion that was filed and will receive a copy of the order from the Court. Unless you have the... Read more »

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7 Answers | Asked in Bankruptcy for California on
Q: Would it be hard for me to file my own bankruptcy without a an attorneys help? I would be filing a chapter 13
Harlene Miller
Harlene Miller answered on Dec 11, 2020

I agree with my colleagues - I do not recommend attempting a chapter 13 without assistance from an experienced chapter 13 bankruptcy attorney. There is much to consider and analyze. Consult and get the information you need.

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5 Answers | Asked in Bankruptcy for California on
Q: Can I voluntarily surrender cars and timeshares after chapter 7 if I have not completed a reaffirmation agreement
Harlene Miller
Harlene Miller answered on Dec 4, 2020

Good responses have already been provided to you. I urge you to talk with your bankruptcy attorney - if you didn't file with an attorney, then seek a consult with a bankruptcy attorney near you to discuss all related issues.

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2 Answers | Asked in Bankruptcy for California on
Q: If found guilty of a civil suit can you file bankruptcy to eliminate that debt?

My son is the defendant of a multi million dollar civil suit. He is a broke college student. If found guilty can he file bankruptcy to wipe out the debt?

Harlene Miller
Harlene Miller answered on Dec 4, 2020

I agree with Attorney Greene and urge you to consult with an experienced bankruptcy attorney in your area for an analysis of the issues and options.

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4 Answers | Asked in Bankruptcy and Collections for California on
Q: hi, over 20 years ago i filed for chapter 7. i also had a credit card debt for around 1000 usd with a german bank

but didn't include it on my chapter 7 (this debt was about a year before filing). 13 years later i get a letter from a german collection agency adding 1000's in fees and they continue to do this. being a us citizen living in california can i disregard this?

what if anything... Read more »

Harlene Miller
Harlene Miller answered on Nov 28, 2020

I agree with my colleagues. Provide filing date of case, case number and date of entry of discharge. If the debt was incurred prior to the bk filing, it is considered discharged under most circumstances. Continue to monitor it. If necessary consult with a bankruptcy attorney for further... Read more »

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4 Answers | Asked in Bankruptcy for California on
Q: I am about to file bankruptcy Chapter 7 in California. My debt exceeded 180.000$ and I have no assets and income

I am about to file bankruptcy Chapter 7 in California. My debt exceeded 180.000$ and I have no assets and income coming in. But I still have 60.000$ in Crypto currency. My lawyer will be able to protect 35000$ for me. I have a few personal loans that I would like to pay off, its 2 people and total... Read more »

Harlene Miller
Harlene Miller answered on Nov 24, 2020

Apparently you have an attorney. I urge you to rely on your attorney to respond to the questions you posted. If the attorney cannot address the issues, or is uncertain about what the issues are, perhaps you need to find another attorney. The potential payoff of debt prior to filing, which must... Read more »

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5 Answers | Asked in Bankruptcy and Tax Law for California on
Q: I need to file for bankruptcy and my husband is in a Nursing Home (I have his power of attorney) and I’m retired.

Yes I’m retired, can’t receive my unemployment and the IRS, Franchise Tax Board is coming after me.

I need to file for bankruptcy.

Harlene Miller
Harlene Miller answered on Nov 16, 2020

There may be a public law center that can assist you. Do not go to a paralegal service - they cannot provide legal advice. Check with the bar association or search on this site for an attorney in your area to assist you. Good luck.

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4 Answers | Asked in Bankruptcy for California on
Q: Hi! How to claim as a creditor (me) for a Chapter 7 (a facility)? Where to file? Any due date to file? Thanks!
Harlene Miller
Harlene Miller answered on Nov 4, 2020

The notice sent by the court that the Chapter 7 was filed goes to all creditors entitled "Notice of Chapter 7 Bankruptcy Case." If the creditor received that notice, review it. Usually, Chapter 7 cases result in no distribution to creditors so the initial notice has a notation on the... Read more »

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4 Answers | Asked in Bankruptcy for California on
Q: Does automatic stay in Ch. 13 apply to non-noticed creditor?

Debtor did not list me as a creditor, so I got no notice. He let me proceed with lawsuit confirming my arbitration award against him until I won. I served him with notices and documents and still neither he nor his attorney told me about bankruptcy. 5 days after I obtained judgment and noticed... Read more »

Harlene Miller
Harlene Miller answered on Oct 23, 2020

The dismissal of the bankruptcy case is a benefit to you. There is no stay in effect and no bankruptcy pending. I do also suggest that you talk with a local bankruptcy attorney for more details.

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4 Answers | Asked in Bankruptcy for California on
Q: I also received a summary of trustee’s final report and application for compensation. The last page looks like this:

Timely claims of general (unsecured) créditos totaling $35,118 have been allowed and will be paid pro rats only after all allowed administrative and priority claims have been paid in full. Does this mean I have to pay that or they telling me they will pay it or they paid it??

Harlene Miller
Harlene Miller answered on Oct 20, 2020

Plan payments you make to the Trustee are the funds used to pay allowed creditors and administrative expenses of the case that are incurred by the Trustee. It is important to review the documents sent to you by the Trustee to make sure the creditor list is accurate. If you do not have an... Read more »

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3 Answers | Asked in Bankruptcy, Family Law and Foreclosure for California on
Q: Divorce/Foreclosure

My soon to be ex left me with the house in California. I cannot afford it and she won’t sell. Cannot afford to get atty involved as there is no gain. Should I just go through foreclosure?

Harlene Miller
Harlene Miller answered on Oct 19, 2020

Is a divorce pending? Will you be entering into some type of property division agreement? If so, and she releases her interest in the property, you may want to consider selling the property. If there is no equity in the property (is that what you mean by "there is no gain"?) - a short... Read more »

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5 Answers | Asked in Bankruptcy for California on
Q: i HAVE AN EVICTION CASE HEAD TO TRIAL. IF I FILE BANKRUPTCY WILL THE CASE CONTINUE TO TRIAL AFTER THE STAY IS LIFTED
Harlene Miller
Harlene Miller answered on Oct 19, 2020

I agree with the comments from my colleagues. You need to consult with a bankruptcy attorney regarding the ramifications of filing bankruptcy particularly if you are doing it just to stop an eviction.

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3 Answers | Asked in Bankruptcy for California on
Q: I have question about filing Chapter 11 claims form 410

I have a gas and oil lease with company and company has file bankruptcy U S Court Houston, TX. And I am trying to file form 410 but having a problem understanding a question. Need Help

Harlene Miller
Harlene Miller answered on Aug 24, 2020

Suggest you talk directly with a local bankruptcy attorney familiar with chapter 11 and also creditor issues. Most critical is the timely filing of a proof of claim.

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4 Answers | Asked in Bankruptcy for California on
Q: Will Chapter 7 Trustee tries to sell my property if I have equity little more than the homestead exemption amount?

Depends on which home listing sites we look at, I can have $100,000 equity or $130,000. My understanding of California Homestead Exemption who is living with a family member is $100,000.

Will Trustee use the higher estimated value and proceed to sell my property? Is there such a range where... Read more »

Harlene Miller
Harlene Miller answered on Aug 16, 2020

The answers already provided give you the information you need. Understand that the Trustee will do his own review of the property via a broker to ascertain the current fair market value. Usually, consideration is given to hypothetical costs of sale in determining if there is sufficient excess... Read more »

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5 Answers | Asked in Bankruptcy for California on
Q: Should I file for bankruptcy to get out of a timeshare
Harlene Miller
Harlene Miller answered on Aug 11, 2020

Without more information about other debt that you have and financial information about your income and monthly expenses, filing bankruptcy solely because of the timeshare issue may not be the best action for you. I urge you to locate a bankruptcy attorney in your area for analysis to assist you... Read more »

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5 Answers | Asked in Bankruptcy and Tax Law for California on
Q: Can I do a Bankruptcy for Property Taxes if paying it will cause Financial Burden to family and get a fresh start?

Five years behind waited because I didnt know what to do and pay for it but I understand to pay now but its like cant get a loan due to bad credit not working due to Covid.

Harlene Miller
Harlene Miller answered on Aug 10, 2020

From your question, it sounds like you are looking to file a chapter 7 bankruptcy to get a fresh start. Unfortunately, property taxes are secured on the property that you own. Even if you were to file chapter 7, the lien from the taxes would remain on the property. To retain the property, you... Read more »

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4 Answers | Asked in Bankruptcy for California on
Q: Wat happen with my case
Harlene Miller
Harlene Miller answered on Jul 23, 2020

Please provide more information - what type of case? If bankruptcy - 7 or 13? When was it filed?

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