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Questions Answered by Harlene Miller
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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4 Answers | Asked in Bankruptcy for California on
Q: I owed $425k on my house . its value is around $1.4 million. My son needs $200k to start a business so i'm refinancing .

So my new mortgage is $640k . If my son formed a llc. My question is if he by chances get sued for a lease hold or food poisoning .. God forgive. Can landlord come after our house? How can I protect most of my interest of the house.

Dave

Harlene Miller
Harlene Miller answered on Jun 3, 2021

Responses to your question by my colleagues have provided a good summary of the issues. The key is keep you and your son's assets and debts separate from one another. Be very careful and specific about this. You may want to talk with an attorney in your area for more details.

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6 Answers | Asked in Bankruptcy and Contracts for California on
Q: What if a defendant files for personal or biz bankruptcy before making all the payments of a settlement payment plan?

This is if both the defendant and attached business are named in the settlement. There would be a stipulation for entry of judgment attached to the settlement. The concern is the defendant defaulting and possibly filing bankruptcy prior to making payments.

Harlene Miller
Harlene Miller answered on May 31, 2021

It depends on several factors including: type of bankruptcy filed, whether the individual or corporation filed bankruptcy; whether the settlement provided for some security on assets of the defendants;type of claim such as breach of contract or fraud, etc. I urge you to talk with an experienced... Read more »

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3 Answers | Asked in Bankruptcy, Contracts, Civil Litigation and Collections for California on
Q: Can I sue for monetary compensation?

I cosigned a car loan for a friend. He defaulted the car loan and the bank handed the loan to a collection agency. I had to declare bankruptcy which destroyed my once stellar credit score. As a result I'm strained financially and am still recovering my credit score. I am unable to get any... Read more »

Harlene Miller
Harlene Miller answered on May 24, 2021

Unfortunately, doing a favor for a friend does not always benefit you - particularly where financial issues are concerned. Had you ended up paying for the loan, you may have had a claim against the co-signer friend for indemnification for having to pay the loan. Being unable to do that, a... Read more »

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2 Answers | Asked in Bankruptcy for California on
Q: I have to file Form LBR 7016-1(a)(2) Do I need to file it at the courthouse. And have the judges’ copy stamped/deliverd
Harlene Miller
Harlene Miller answered on May 18, 2021

Check with the clerk of the Court where your case was filed. Also the Local Bankruptcy Rules are available from the Court website (depending upon where you are located in California).

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4 Answers | Asked in Bankruptcy and Collections for California on
Q: Bank of America is suing me for not paying business card debt of $7000. I feel this is unfair practice in a Pandemic

Bank of America is suing me for not paying business card debt of $7000. I offered them half, they didnt agree. I cant pay more since Covid has affected business and I need to pay my employees. $7000 is the pay of one employee in my office for 2 months. Bank of America is restricting my ability to... Read more »

Harlene Miller
Harlene Miller answered on Apr 18, 2021

If Bank of America actually filed a lawsuit which was served on you, you have a specific period of time during which you need to file an answer. If you do nothing, the Bank will get a judgment against you. Contacting creditors to attempt settlement or reasonable payments can be done - a creditor... Read more »

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4 Answers | Asked in Bankruptcy, Estate Planning and Collections for California on
Q: Can bank account be garnished due to delinquent student loan?

my 64 year old sister took out several student loans about 15 years ago. At that time, she was diagnosed with advanced stage ovarian cancer. She survived the cancer, but the treatments wiped her out financially and can no longer work. She has no income, no savings, and can't get a job due to... Read more »

Harlene Miller
Harlene Miller answered on Apr 12, 2021

I agree with my colleagues - I urge you to seek estate planning advice and consult with a bankruptcy attorney as well. Perhaps the probate attorney you are consulting with can also assist. There is much to consider.

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8 Answers | Asked in Bankruptcy for California on
Q: We are thinking of filing bankruptcy, one lawyer wanted to charge $4k, how can I find a more affordable option to file?

Our combined debt is about $40K and we cannot afford to pay such a high price for a lawyer right now. We want to be able to buy a home in the near future, and are considering settling each debt individually or filing BK if that would be more affordable.

Harlene Miller
Harlene Miller answered on Apr 8, 2021

I suggest you contact other bankruptcy attorneys for an estimate. Some of us offer a half hour no charge phone consultation to briefly discuss the options your are considering and fees involved. Without knowing more details, the quoted amount does seem very high.

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4 Answers | Asked in Bankruptcy for California on
Q: Can I access bankruptcy records from 1998 for information as to assets claimed on them
Harlene Miller
Harlene Miller answered on Apr 7, 2021

Answers already provided have accurately responded to your inquiry. You will need the case number and name of the Debtor that filed the case. Assets are listed on Schedules A and B. If you require additional information, contact a bankruptcy attorney - many of us offer a no charge phone consult.

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3 Answers | Asked in Bankruptcy and Real Estate Law for California on
Q: I own a house with my parents. If dad goes bankrupt can they take the house?

Mom and dad are both late in their late 70's and I know dad has $25 - $35 thousand in credit card debt and his business has at least that much. I can make the house payment but if one dies I can't pay his bills. How would bankruptcy work in California.

At the risk of asking two... Read more »

Harlene Miller
Harlene Miller answered on Feb 24, 2021

I agree with my colleagues. There are many issues raised in your question(s) that would best be answered by talking directly to an experienced bankruptcy attorney and perhaps a probate attorney. Some of us offer a half hour no charge consultation that might be able to provide some initial general... Read more »

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2 Answers | Asked in Bankruptcy for California on
Q: Does the judge ever cut cost lawyer is charging if I'm going into chapter 7 lawyer dismissing 13 fees I owe 7000.00

Paid partial 2000.00 for filing 13 now not working and lawyer saids can pay later but I owe 7000.00 and must pay upfront to file 2400 for chapter 7 too . Do the courts look at I'm still going to be indebt and cut cost of amount I have to pay ? and car will have to pay lawyer to help me not... Read more »

Harlene Miller
Harlene Miller answered on Feb 16, 2021

The Court does not often review fees paid to a bankruptcy attorney, unless a fee application is filed with the Court (required under some circumstances). You can also consult with another bankruptcy attorney about what needs to be done in your case and an estimate of cost if you are uncomfortable... Read more »

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3 Answers | Asked in Bankruptcy for California on
Q: Is lawyer fees not totaled for extras in 13 is it Considered secured debt if Saids client to get house loan at end ?

Dismissing soon to file 7 lawyer is doing asked lawyer for itemized fees , never told me adding on 3000 plus already owe 5000 in trustee portal . I know that, If retainer said in chapter 13 I owe is this considered secured debt since they put I'd take loan on home to pay remainder if I... Read more »

Harlene Miller
Harlene Miller answered on Feb 16, 2021

Your entry is very confusing. Sit down and talk with your attorney about the fees - you should have received a Retainer Agreement explaining what services are being provided for what cost - and whether it is a flat fee or whether additional fees may be incurred. If you filed a chapter 13, a... Read more »

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