Questions Answered by Harlene Miller

Q: if a judgement s issued in a civil case then a stay is entered because a chapter 13 bankruptcy is filed

6 Answers | Asked in Bankruptcy and Appeals / Appellate Law for California on
Answered on Apr 6, 2019
Harlene Miller's answer
The stay tolls the deadline for a period of time. I urge you to talk with your bankruptcy attorney about this. If you do not have an attorney representing you in the Chapter 13, I urge you to get one. Chapter 13 is a complicated bankruptcy.

Q: Is it possible to join the class action case #18-20254. It's been a year since they filed.

2 Answers | Asked in Bankruptcy for California on
Answered on Mar 18, 2019
Harlene Miller's answer
If you received notice of the class action because you are a potential claimant based upon Navient school loans that you obtained, read the notice carefully and follow-up. Also, there is a site online - Navient student loan class action that has a lot of information and contact information. Some of this information may have been included in the notice that you may have received. I have no other information for you on this matter.

Q: Hello, I need help. My bankruptcy lawyer was paid to file a chapter 13 case and never did. Lost my home. Case?

3 Answers | Asked in Bankruptcy for California on
Answered on Mar 11, 2019
Harlene Miller's answer
You may want to seek assistance from a legal malpractice attorney to evaluate a claim against the attorney. I suggest you do that as soon as possible. If you still require bankruptcy assistance due to other debt, seek assistance from the State Bar of California for referrals.

Q: Can a Plaintiff get a judgement in Civil Court & Federal Court against two defendants for the same amount?

3 Answers | Asked in Bankruptcy for California on
Answered on Mar 5, 2019
Harlene Miller's answer
Your question is a bit vague, but if you are asking whether a creditor can file a lawsuit in a chapter 7 bankruptcy in federal court even though they already sued in state court - the answer is yes. If you filed bankruptcy, creditors can file a complaint (called an adversary proceeding) requesting a determination that the debt/judgment should not be discharged in the chapter 7 case. The creditor has a deadline to file the complaint. If this is the situation, I urge you to discuss it with...

Q: Chapter 7 bankruptcy was discharged. Reaffirmation agreement was never signed, due to misplacement of paperwork?

2 Answers | Asked in Bankruptcy for California on
Answered on Feb 25, 2019
Harlene Miller's answer
This is really not a bankruptcy question so I am unable to tell you how any of the options will affect your credit. However, you need to determine what is financially best for you. From my experience with other clients, if you use the car as a trade in, and money is still owed on the original loan, the new lender will likely include the balance in the loan for the new car. Redeeming the car is paying the current fair market value for the vehicle - so depending upon that value and whether you...

Q: Would there be a difference between equity in federal court and equity in state court.

2 Answers | Asked in Bankruptcy for California on
Answered on Feb 25, 2019
Harlene Miller's answer
Not sure what you are asking. Are you are talking about "equity" or value in property? Then, this gives rise to questions about valuation of property for bankruptcy purposes and how best to protect "equity" or value you may have in property. My colleague is correct in that regard - we have two different lists of exemptions available in California that are used for protecting equity when filing bankruptcy.

The other equity - is that the federal court (where bankruptcy is filed) is...

Q: What is the waiting period to file Chapter 7 that was converted from a Chapter 13?

4 Answers | Asked in Bankruptcy for California on
Answered on Dec 27, 2018
Harlene Miller's answer
My colleagues have covered the question, and I agree with the analysis. You may want to talk with an experienced bankruptcy attorney regarding a potential for filing another chapter 13, or some of us have experience in advising clients on ways to deal with creditors, budgeting and other ideas to handle the debt. Good luck to you.

Q: How low an income do you have to have to file for Chapter 7?

7 Answers | Asked in Bankruptcy for California on
Answered on Dec 7, 2018
Harlene Miller's answer
There are many variables in determining eligibility to file Chapter 7. I urge you to seek a consultation with a qualified bankruptcy attorney in your area. The analysis is critical in order for you to understand your options.

Q: Can I put my 30% ownership interest in a condo into an LLC in case I go bankrupt in a couple years so it can’t be taken?

4 Answers | Asked in Bankruptcy for California on
Answered on Nov 26, 2018
Harlene Miller's answer
I agree with Mr. Lively's comments. Also, Transferring assets in contemplation of bankruptcy is a slippery slope. You really need to consult with an experienced bankruptcy attorney in order to understand all of the issues and how best to protect yourself and assets that you have.

Q: My commercial tenant filed Chapter 11 bankruptcy. Do they have to serve us notice?

2 Answers | Asked in Bankruptcy and Landlord - Tenant for California on
Answered on Nov 19, 2018
Harlene Miller's answer
Notice of a bankruptcy filing is usually not sent by email. What was the source of the notice and what did you receive? I suggest you find a bankruptcy attorney local to you to check the status of the case. Chapter 11 is a very different type of bankruptcy, so it will be important for you to find an experienced attorney in Chapter 11 to properly advise you. Some of us offer an initial half hour consultation at no charge. You do have rights in the case as a creditor. You need to monitor...

Q: How can I find a gd Bankruptcy attorney that is experienced working for landlords whose commercial tenant filed CH 11?

2 Answers | Asked in Bankruptcy and Landlord - Tenant for California on
Answered on Nov 19, 2018
Harlene Miller's answer
Check with your state bar association for a list of bankruptcy attorneys that have Chapter 11 experience. Also, you can check online for bankruptcy attorneys in your area - look for attorneys who focus on bankruptcy in their practice - rather than a general practitioner that handles many areas of the law. You can also check with the state bar for a list of "certified specialist in bankruptcy" if such a certification is offered in Washington. I suggest also focusing on a bankruptcy attorney...

Q: I would like to know what to do about a NOTICE OF OBJECTION TO CLAIM? San Bernardino City Bankruptcy

3 Answers | Asked in Bankruptcy for California on
Answered on Nov 12, 2018
Harlene Miller's answer
I urge you to seek advice from a bankruptcy attorney. You have a deadline to deal with. The issue, however, may be that if you actually filed a lawsuit that was denied, then you may not have a claim any longer. But, there may be information in the documents contrary to this. Get legal assistance as soon as possible.

Q: What exactly is the "silent exemption" in Chapter 7 bankruptcy in California and how does it work?

4 Answers | Asked in Bankruptcy for California on
Answered on Nov 5, 2018
Harlene Miller's answer
As my colleagues indicated - I have never heard of the "silent exemption." Don't know that there is such a thing. Depending upon your assets, you may qualify to use what is called the "wildcard" exemption which you can use toward assets with more value than a specific exemption for that asset, i.e., a car. Suggest you meet with an experienced bankruptcy attorney to discuss all your assets and how they may be protected if you file bankruptcy.

Q: If we're already in foreclosure can we file for bankruptcy?

4 Answers | Asked in Bankruptcy for California on
Answered on Oct 31, 2018
Harlene Miller's answer
Yes you can. If you have received a notice of the sale, it is critical to pay attention to not only the date for the foreclosure sale but also the time of the sale. I urge you to meet with an experienced bankruptcy attorney to analyze your options including Chapter 7 or Chapter 13. Chapter 13 allows a plan being proposed to cure the late payments and prevent foreclosure - however, you must have a source of income. Meeting with a bankruptcy attorney for this analysis of options should be...

Q: How do people pay for bankruptcy attorneys if they're already in so much debt?

4 Answers | Asked in Bankruptcy for California on
Answered on Oct 22, 2018
Harlene Miller's answer
I agree with my colleagues comments. In addition, if you have absolutely no ability to pay due to no income - you may want to seek assistance from a public law center for a no fee or very low fee bankruptcy. Check in your area.

Q: What options does one have for debt and credit relief before bankruptcy? Or is it an option worth pursuing?

4 Answers | Asked in Collections for California on
Answered on Nov 6, 2018
Harlene Miller's answer
I agree with Mr. Greene's comments. Settlement with creditors can be difficult and the most successful ones usually require a lump sum payment rather than monthly payments. Also you should be aware that settlement of a debt can create "forgiveness of debt" income - the amount not paid to the creditor can result in a 1099 tax form being filed which must be included as income on your tax return. The biggest issue I see with debt relief companies, or debt consolidation companies, is that proper...

Q: I am filing Chapter 7 in CA. My wife has a house since before marriage and we have a prenup. Do I need to disclose?

5 Answers | Asked in Bankruptcy for California on
Answered on Oct 1, 2018
Harlene Miller's answer
I agree with my colleague - full disclosure is important. I urge you to retain a bankruptcy attorney to assist you in the language to use.

Q: why didn't my California bankruptcy attorney list all of my creditors that I gave him

4 Answers | Asked in Bankruptcy for California on
Answered on Oct 1, 2018
Harlene Miller's answer
I urge you to meet with your attorney to discuss this issue. Also, all of the bankruptcy documents that were prepared by the attorney and signed by you required you to acknowledge that all information was true and correct in those documents. So, you should have had an opportunity to review all documents before they were filed and before you signed them. Go back to your attorney and get this resolved as soon as possible via amendments to the schedules. If your attorney will not cooperate or...

Q: What are the options and requirements for reinvesting Homestead Exemption funds while in Chapter 7 bankruptcy?

4 Answers | Asked in Bankruptcy for California on
Answered on Sep 24, 2018
Harlene Miller's answer
I agree with my colleagues - you need to consult with an experienced bankruptcy attorney regarding your options. The Bankruptcy Code is very specific - the funds must be reinvested in a new "homestead" within six months after you actually receive the funds from the Trustee. If by chance, the proceeds from the sale paid all creditors and administrative costs of the Chapter 7 in full - it is less likely that the Trustee will seek turnover of those funds if you have not reinvested. Meet with a...

Q: ch13 debtor filed objection to my class7 claim (civil suit) for complete discharge. what do I file in reply?

3 Answers | Asked in Bankruptcy and Real Estate Law for California on
Answered on Sep 12, 2018
Harlene Miller's answer
I urge you to contact a bankruptcy attorney experienced as my colleague also recommended. Critical to respond to the objection to your claim timely. Also, what is status of Trustee's motion to dismiss? Is a hearing scheduled? Dismissal of the case may moot everything but until that action is taken - answer the claim objection.

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