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Questions Answered by Harlene Miller
4 Answers | Asked in Bankruptcy for California on
Q: Bankruptcy Question - I have vast amounts of credit card debt that I need to file...but I am also a homeowner.

I'd like to know if the creditors (Citibank and Amex) can force me to sell my house. I don't believe so since I don't believe to have signed a securities agreement with either. I have credit card debt and personal loans with them.

Q2 - I have an LLC with a tax ID #...this... View More

Harlene Miller
Harlene Miller
answered on Apr 20, 2023

You have many issues that require discussion and analysis in detail to fully cover your issues and come up with solutions. Answers provided by my colleagues include some good points in response. However, Your situation has many parts and for a true understanding and for complete analysis, I... View More

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4 Answers | Asked in Bankruptcy for California on
Q: Just wondering i have 10k in credit card debt how do i file for chapter 7
Harlene Miller
Harlene Miller
answered on Apr 13, 2023

I suggest you consult with a bankruptcy attorney in order to completely understand your bankruptcy and possible non-bankruptcy options. Many of us offer a half hour no charge consultation which will likely provide you a good overall discussion of your options. If you decide to proceed with... View More

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2 Answers | Asked in Bankruptcy and Landlord - Tenant for California on
Q: I got a judgement against me, but was not served .

Record show that they served me by mail, yet at the time my mailbox for my apartment have been vandalized and was down for a while until the post office came in put in a new mailbox. I had no mail coming in. I never received the summons even when the mail was all delivered once the box was in... View More

Harlene Miller
Harlene Miller
answered on Dec 18, 2022

Several issues arise in this matter which you have not mentioned in your question. When did the creditor's claim arise: before or after you filed bankruptcy. (Not the judgment but when you knew this was a potential debt.) Was the creditor listed in your bankruptcy? Has your plan been... View More

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4 Answers | Asked in Bankruptcy for California on
Q: What happen to a credit card debt and a auto loan with the same bank on a bankruptcy?
Harlene Miller
Harlene Miller
answered on Apr 17, 2023

The answers already provided fully cover the issue. For further advice, discuss with a bankruptcy attorney for assistance in filing a case if it is in your best interest to do so. Some of us offer a half hour no charge consultation which may provide you further details.

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2 Answers | Asked in Bankruptcy for California on
Q: In a corporate CH7 liquidation are shareholders listed? Most publications imply no and no notice is given either
Harlene Miller
Harlene Miller
answered on Apr 5, 2023

Shareholders are not usually creditors of a corporation, thus they would not be listed. If for some reason a shareholder provided a loan to the corporation, or was personally liable for a debt of the corporation, then of course, that shareholder would be included in the list of creditors.

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4 Answers | Asked in Bankruptcy for California on
Q: How do I find out if someone has filed bankruptcy in my name?

I believe someone has filed a bankruptcy in my name. It came up a few times on a few different background check sites. I’m in California.

Harlene Miller
Harlene Miller
answered on Feb 28, 2023

My colleagues have covered the issues and encourage you to handle as recommended.

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2 Answers | Asked in Bankruptcy and Construction Law for California on
Q: If payment for a contractor entered into my chapter 7 bankruptcy, and approved. What of civil suit and mechanics lien?

They charged for work never done, and caused damage. Was preliminary notice needed? Can they force sell my home?

Harlene Miller
Harlene Miller
answered on Nov 17, 2022

I agree with Attorney Lipan and urge you to talk with an attorney further to address the lien issues.

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3 Answers | Asked in Bankruptcy for California on
Q: Can I use the money i have to pay contractor suing me in civil for attorney? I am going thru bankruptcy at the moment?

I have tried to settle out of court and have offered paying more. They want payment for work never done to home.

Harlene Miller
Harlene Miller
answered on Nov 15, 2022

Your inquiry requires more information. Are you in a pending bankruptcy? If so, is it Chapter 7 or Chapter 13? Did you include the contractor as a creditor in your bankruptcy? Please provide more information in order to receive an appropriate response.

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3 Answers | Asked in Banking and Bankruptcy for California on
Q: I'm high I live in California I want to know what's the steps for filing bankruptcy

I got married last and I want to be able to since the

owe debts between $20,000 to $35, 000 and I have no income only my husband said he cannot afford to pay that

Harlene Miller
Harlene Miller
answered on Oct 10, 2022

Suggest you consult with a bankruptcy attorney in your area to analyze ability to file a chapter 7 in order to discharge the debt. You may find one on this site. Another option is checking with local bankruptcy court for possible Legal Clinic in your area for assistance.

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1 Answer | Asked in Bankruptcy for California on
Q: Exemptions is California??

I want to make sure that I’m filling this out correctly. I live in California don’t own home and want to hand over my vehicle to the lender. However I want to keep all of my personal belongings. How do I make sure it’s filled out that way, please advise. Thank you.

Harlene Miller
Harlene Miller
answered on Sep 14, 2022

I urge you to consult with a bankruptcy attorney in your area. The key to a successful bankruptcy is properly and fully completing the documents required by the Court. Or, contact the clerk's office at your local bankruptcy court to find out if they have bankruptcy clinics or legal clinics... View More

2 Answers | Asked in Bankruptcy for California on
Q: Filing chapter 7. Mechanics lien on car that is financed.

The car is in the shop and I owe $3800 on it. They have just put a mechanics lien on it. I want to hand over the car to the loan company during my bankruptcy, how do I do this and what forms do I need. I’m filing pro se

Harlene Miller
Harlene Miller
answered on Sep 12, 2022

I agree with Attorney Denison - seek advice from a bankruptcy attorney in your area.

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2 Answers | Asked in Bankruptcy for California on
Q: Do we have to pay unpaid bills of a company after buying it in a chapter 7 auction. can we collect receivables revenue?
Harlene Miller
Harlene Miller
answered on Sep 8, 2022

The terms of the purchase should have been dealt with and explained as part of the auction and likely there would be a purchase agreement which identified the terms.

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3 Answers | Asked in Bankruptcy, Contracts and Collections for California on
Q: My brother defaulted in response to my lawsuit and now is trying to settle or claim bankruptcy can he do this to me

I am suing my brother for defaulting on a loan repayment for which I had a contract with him for purposes of payment by him he has a monthly check to which I am entitled to half and he has been spending it instead of using it to repay me so I sued him and he never responded which put him in default... View More

Harlene Miller
Harlene Miller
answered on Aug 18, 2022

Bankruptcy can be filed in an effort to discharge (eliminate) your brother's responsibility to repay you. However, sometimes people threaten bankruptcy in order to stop a creditor from filing a lawsuit to collect - but then never file a bankruptcy. I suggest you consult with a collection... View More

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3 Answers | Asked in Bankruptcy and Divorce for California on
Q: In a divorce how is credit card debt split up and what happens if one side cant pay it?

IM in a middle of a divorce. I have been paying the debt solely for a year. Im now in a situation of BK. My question is will I be repaid for the time i have been paying the debt solely and if so how do i collect that money if the spouse can't pay their share?

Harlene Miller
Harlene Miller
answered on Aug 15, 2022

Husband and Wife are liable for all debt incurred by them jointly during marriage. Even though you may have paid on the debts, the creditors look to both parties for payment - both are liable for the full amount of the debt. If you filed bankruptcy solely, any debt listed in your bankruptcy will... View More

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2 Answers | Asked in Bankruptcy for California on
Q: I filed for chapter 13 bankruptcy and dismissed my case
Harlene Miller
Harlene Miller
answered on Aug 13, 2022

As indicated by Attorney Dennison - what is your question?

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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... View 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... View 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... View 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... View 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... View 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... View More

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