Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Harlene Miller
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.

View More Answers

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 »

View More Answers

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 »

View More Answers

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.

View More Answers

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.

View More Answers

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 »

View More Answers

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 »

View More Answers

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 »

View More Answers

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?

View More Answers

4 Answers | Asked in Bankruptcy for California on
Q: Can a credit card company included in a chap 7 bankruptcy from 2016 still report as current account on your report?.

I filed for chap 7 bankruptcy in 2016 and it was discharged.

I’m checking my report and it shows that 3 of the accounts I filled for are reporting as current accounts that will be dropped by 2023.

The others are reporting as included in bankruptcy and will be dropped by 2023.... Read more »

Harlene Miller
Harlene Miller answered on Jul 20, 2020

The creditors should not be reporting on your credit report other than to indicate that the debt was included in a bankruptcy. You can file a dispute with the credit reporting agency. Although, if the accounts are being reported as current and not delinquent, I don't know that they are... Read more »

View More Answers

4 Answers | Asked in Banking and Bankruptcy for California on
Q: Objectively, can creditors in Chapter 7 garnish checking account money from State and Government benefits?

Benefits including Social Security, stimulus check and Unemployment Insurance due to Covid-19 in California.

Harlene Miller
Harlene Miller answered on Jun 15, 2020

Question not specific. Are you currently in a chapter 7 bankruptcy case? If so, creditors are stayed from collecting from you - no matter what the source of the funds. Upon filing a bankruptcy, any garnishment in place is stopped. Talk with your bankruptcy attorney - hopefully you have one... Read more »

View More Answers

4 Answers | Asked in Banking and Bankruptcy for California on
Q: Hello, I am receiving unemployment insurance in my checking account after the 341 meeting of creditors chapter 7 in Ca

No creditor showed up for my 341 meeting. Can they still take money from my checking account? Thanks!

Harlene Miller
Harlene Miller answered on Jun 15, 2020

So long as you listed all of your creditors, they are controlled by your bankruptcy and the automatic stay that stops them from trying to collect from you or take money from your checking account. Be sure that if a creditor had a judgment against you, which would have allowed them to levy your... Read more »

View More Answers

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

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.