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Questions Answered by Harlene Miller
2 Answers | Asked in Bankruptcy for California on
Q: Is it possible to still have my corporation as self employed if I file a chapter 7 on the personal side?

I'm a owner operator truck driver and debt has piled up. I'm roughly at $25,000 on credit cards and other obligations has caused me to go under water quite a bit.

I'm 2 years in with my corporation self employed, and both years of tax returns are showing $30k or less after write offs.... Read more »

Harlene Miller
Harlene Miller answered on Nov 25, 2019

I am unclear as to what you are considering and why. Personal chapter 7 or corporate? Both represent issues that can only be addressed with more information from you. I urge you to contact a bankruptcy attorney to discuss these options and issues. Several of us offer a no charge consultation... Read more »

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3 Answers | Asked in Bankruptcy for California on
Q: What documents do I need to supply the trustee for a chapter 7 in San Diego?
Harlene Miller
Harlene Miller answered on Nov 25, 2019

My colleagues have been very helpful and have provided a good overview of the information usually required by a Trustee. I urge you to seek assistance and more advice by consulting with an experienced bankruptcy attorney in San Diego.

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3 Answers | Asked in Bankruptcy for California on
Q: Kept a car through bankruptcy. its not on my credit but still paying for it. what happens if I let it go?

Bad credit before bankruptcy. Needed a car. High % rate. Car not worth anything now and still owe $8000. Still paying for it and its not on my credit. will it hurt me if I let it go?

Harlene Miller
Harlene Miller answered on Nov 21, 2019

Did you list the creditor in your case? Did you sign a reaffirmation agreement? Has you bankruptcy case concluded with a discharge?

These are critical issues related to your question. Please resubmit with more information, or contact me.

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3 Answers | Asked in Bankruptcy for California on
Q: Hello, 4 years into chapter 13 plan have relocated to new state unable to make remaining payments income loss health

We now live in Iowa how do I convert to a chapter 7 Some of the remaining $8000 owed in my plan is to my attorney which is a bit awkward what are my options. Would I have to fly to California to attend the meeting of creditors or can it be done remotely given the expense to travel

Harlene Miller
Harlene Miller answered on Nov 16, 2019

A chapter 13 case can be converted to chapter 7 at any time. It is a fairly simple form. I recommend you talk with your attorney or if he will not assist you because you owe him money, you will likely need to find another attorney to advise you about the conversion and have your attorney... Read more »

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6 Answers | Asked in Bankruptcy for California on
Q: Can you advise me with a senior bankruptcy issue?

I have outstanding, very high credit card debts it is unlikely I can ever satisfy. Is bankruptcy the answer?

Harlene Miller
Harlene Miller answered on Nov 16, 2019

As my colleagues have indicated, the option of bankruptcy requires a discussion with an experienced bankruptcy attorney to analyze your assets, income and debt to determine whether bankruptcy is your best option. For an individual, either chapter 7 (providing discharge of debt) or a chapter 13 (a... Read more »

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3 Answers | Asked in Bankruptcy for California on
Q: For an adversary proceeding regarding the discharge of student loan debt, what resources should I consult for guidel
Harlene Miller
Harlene Miller answered on Nov 5, 2019

Other than the suggestions made by my colleagues - I urge you to consult with a bankruptcy attorney. Some of us offer a half hour no charge consultation which may assist you in your analysis of whether it is feasible for you to pursue. Discharging student loans are very difficult and require very... Read more »

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4 Answers | Asked in Bankruptcy and Civil Litigation for California on
Q: I have been sued for $1,885.91 from credit card. Its a limited civil case. My last payment was 12/01/2015

It's past 3 years and do i have to go court or do try to call the credit card company?

Harlene Miller
Harlene Miller answered on Oct 21, 2019

Depending upon what other debt you have, it would be best to try to enter into a payment plan with the creditor if you can afford to do that. Unfortunately, if you do nothing, the creditor will get a judgment against you and can thereafter garnish wages or attach money in bank accounts. But you... Read more »

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4 Answers | Asked in Bankruptcy for California on
Q: Other than the $306 bankruptcy fee how much does an attorney charge in the Sacramento area to file a bankruptcy case?

The potential client is a 71 year old woman whose husband passed away on 9/6/19 and lives on a fixed income while taking care of her handicapped 42 year old son. She is now being inundated with creditor calls.

Harlene Miller
Harlene Miller answered on Oct 18, 2019

Filing fee is set at $335 for chapter 7. Fees charged by attorneys range depending upon issues in case as my colleagues have indicated. Important to talk with an experienced bankruptcy attorney - many of us offer a half hour no charge initial consultation. There is a lot of consider here so... Read more »

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2 Answers | Asked in Bankruptcy for California on
Q: I want to refi my house, am in ch 13. I know i need to get permission from the court but wish to file the forms myself.

I have the form for the refi, but do i need to also modify my plan? I dont pay my lender through the plan. Do i also need to file something to file these without an attorney?

Harlene Miller
Harlene Miller answered on Oct 1, 2019

If you don't have an attorney representing you in your Chapter 13 - I urge you to seek such assistance. The proposed refinance may impact your budget and therefore impact your plan which would require an amended plan. You may be able to meet with an attorney for advice about how to proceed -... Read more »

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3 Answers | Asked in Bankruptcy for California on
Q: My wife and I are legal residents of France and are fully health insured there. On a vacation trip to the USA my wife

suffered a stroke. Now the medical bills have been forwarded to collection agencies. I have sent all of them the contact information of our French medical insurances but they keep harassing us. What should I do?

Harlene Miller
Harlene Miller answered on Sep 24, 2019

I agree with my colleagues. Unless France has bankruptcy options, that is the best you can do. Although they are debts incurred in the US, your residence controls these issues.

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3 Answers | Asked in Bankruptcy for California on
Q: How can a senior citizen, in San Jose, CA....get free bankruptcy counsceiing?
Harlene Miller
Harlene Miller answered on Aug 28, 2019

You may want to check at your local bankruptcy court, at the clerk's office. They may have information that will assist you in finding a resource. Also, check to see if there is a "Public Law Center" in your area which usually provides no cost legal assistance. You could also call a few... Read more »

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6 Answers | Asked in Bankruptcy for California on
Q: I have some bad financial problems, I think. I am considering bankruptcy.

I have managed to get about 6 credit accounts back to a good, current status, but have about 7 getting worse everyday. Including two loans. They probably total about $25000 at the moment, and I am making about $700 a week and am not sure I can save everything. My credit has gone down to 500 and... Read more »

Harlene Miller
Harlene Miller answered on Aug 27, 2019

I suggest you meet with an experienced bankruptcy attorney in your area to fully analyze your options regarding bankruptcy versus not filing bankruptcy. Understand that when filing bankruptcy you must include all debt you have, which means that the new cards, if balances are due, must be included.... Read more »

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3 Answers | Asked in Bankruptcy for California on
Q: Can I be forced to sell my home?

I live in my homesteaded home and I co-signed on a home for my daughter which I have nothing to do with she lives in it with her children and has made all payments since the purchase. I am planning on filing a chapter 7 bankruptcy as I am 74 years old and make a little over 1000.00 a month on my... Read more »

Harlene Miller
Harlene Miller answered on Aug 16, 2019

I urge you to contact a bankruptcy attorney in your area. There are a lot of factors here that need to be considered. Whether or not your home is homesteaded, that does not necessarily mean that it is completely protected if you file bankruptcy. The Chapter 7 Trustee assigned to your case will... Read more »

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4 Answers | Asked in Bankruptcy for California on
Q: Can my filing Chapter 7 by myself have creditors come after my husband after its done?

I live in California. I rent a room somewhere else while my husband stays in the house we rented. Do to his behavior I decided to leave. We are not legally separated, but don’t currently live in the same county together. My income by myself would get me chapter 7 to remove crushing credit card... Read more »

Harlene Miller
Harlene Miller answered on Aug 12, 2019

Attorney Lively has been generous with information for you. However, I urge you to actually meet and consult with a bankruptcy attorney in order to fully understand all related issues and options for what you are contemplating.

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4 Answers | Asked in Bankruptcy, Gov & Administrative Law, Sexual Harassment and Identity Theft for California on
Q: I have a card debt with $35,000 used with me and my boyfriend. he didn't have a social so I let him use and pay me back

But apparently, he did not. He just keep talking he will pay me back, he will work hard, but nothing paid back. I let him use my credit card for daily life, but he used for sports betting without my consent. He kept promised me he won't do it again but it is still happening and he even do cocaine.... Read more »

Harlene Miller
Harlene Miller answered on Aug 7, 2019

Your situation is very unfortunate. Certainly an option would be to sue him for the money he "borrowed" from you on your credit card, but a judgment is only good if you can collect the money - which might be very difficult under the circumstances of his lifestyle. I hope he no longer has access... Read more »

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2 Answers | Asked in Bankruptcy for California on
Q: My chapter 7 discharge is more than 10 yrs old, I'm just receiving a NFR, is this possible and what do I need to do?
Harlene Miller
Harlene Miller answered on Aug 6, 2019

I agree with my colleague - highly unusual for a Trustee to file a final report after such a long period of time. May have been overlooked, or perhaps there was something going on in the case that the Trustee was monitoring. If you were represented by an attorney, check with your attorney on this... Read more »

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2 Answers | Asked in Bankruptcy for California on
Q: California: forclosure 2009 Bankruptcy 2012 will Debtor be able to collect special assesment HOA for forclosed RE

In California: The HOA special assessment was added to the regular HOA fee and they said that I would have to pay it even if I sold the property. I had to foreclose in 2009 for inability to pay. In addition I had a bancrupcy in 2012 which included The assessment and CC debts. I was single at the... Read more »

Harlene Miller
Harlene Miller answered on Jul 17, 2019

Without reviewing your bankruptcy documents, if the assessment was properly listed as a creditor in the case, it should have been discharged. Have you heard from the HOA since the bankruptcy? You may want to speak with your bankruptcy attorney that handled your 2012 case. If no attorney, contact... Read more »

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3 Answers | Asked in Bankruptcy for California on
Q: Hello, my name is Raz, i dont know i am on right place or but i need some legal advice. My home is about to foreclose

Can i file chapter 13 to avoide forclose and make a payment plan whats the impact of my credit report and how soon i can get stay order because its less then 10 days left.

And can you help me out for filling bankruptcy

I need your reply as soo. As u can.

I previously filed... Read more »

Harlene Miller
Harlene Miller answered on Jul 4, 2019

I urge you to locate a Chapter 13 bankruptcy attorney in your area as soon as possible for analyzing your eligibility to file Chapter 13. This type of case can certainly be a good option for resolving your issue and stopping the foreclosure.

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3 Answers | Asked in Bankruptcy for California on
Q: Do I need to file for bankruptcy? I can not afford to pay my monthly payments to SOME of my creditors for NOW.

My total debt is 30K to multiple creditors, 3 personal loans. I can not afford to pay my monthly payments to ALL of them for NOW. I am WILLING to pay but I can not promise when. Do I need to file for bankruptcy? Please advise. Thank you.

Harlene Miller
Harlene Miller answered on Jun 26, 2019

There are a lot of variables regarding whether a person can, should or is qualified to file bankruptcy. I recommend seeking an initial consultation with an experienced bankruptcy attorney who can analyze these issues and explain your options. Some of us offer a half hour no charge consultation... Read more »

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2 Answers | Asked in Bankruptcy for California on
Q: Can a judgement ordered for omitted assets from a divorce from over 9 years ago also now be put into a new bankruptcy?

The judgement was just rendered, the ex-husband is telling the ex-wife even with the judgement all he is going to do is file for a bankruptcy so he never has to pay what he originally hide from her to begin with, the judgment amount is roughly $375,000?

Harlene Miller
Harlene Miller answered on May 22, 2019

Likely not dischargeable in a bankruptcy context but should he file, strongly urge you to meet immediately with an experienced bankruptcy attorney. Or meet with a bankruptcy attorney immediately to have the judgment reviewed and assets discussed to better address the issues and options should he... Read more »

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