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Questions Answered by Harlene Miller
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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read more »

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2 Answers | Asked in Bankruptcy for California on
Q: Hello, I currently am in Chapter 13 bankruptcy and have been for a year. I would like to stop making payments so the

the case is dismissed and I can refile adding some additional debt. Is this possible.

Thank You.

Harlene Miller
Harlene Miller
answered on May 24, 2022

Were the debts you are talking about adding, incurred prior to the filing of your chapter 13 case or were they incurred since the filing? Also, a chapter 13 case can be dismissed voluntarily, by filing a request with the Court. I suggest you talk with a bankruptcy attorney directly to discuss... Read more »

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6 Answers | Asked in Bankruptcy, Collections and Landlord - Tenant for California on
Q: In California, does a Judgement continue to accrue interest after the 10 years time limitation?

In this case, 10 years have passed, there is no renewal, no attempt to collect or attempt to pay by any party. Does the interest continue beyond the 10-year time a judgement is valid? Is it possible to negotiate a settlement agreement to pay the original amount owed without the interest added and... Read more »

Harlene Miller
Harlene Miller
answered on Apr 6, 2022

The responses from my colleagues have covered all the issues. Urge you to contact an attorney for a more detail discussion and analysis of your issues.

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3 Answers | Asked in Bankruptcy for California on
Q: Should I file for bankruptcy or settle law suit?

I make $20 an hour , I got behind on payments because I lost my job and I am in debt for $7000, all cards are in collection to debt agency charged off. One of them is suing me , I could settle that but I won't be able to settle all if any others come after me but may be able to pay monthly .... Read more »

Harlene Miller
Harlene Miller
answered on Mar 11, 2022

Filing bankruptcy requires analysis of more than just one issue. It is important to consult with an experienced bankruptcy attorney to fully understand the issues and options. It incluudes analyzing all debt, income, monthy expenses and assets that you have. Some attorneys offer a no charge... Read more »

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5 Answers | Asked in Bankruptcy, Banking, Federal Crimes and Social Security for California on
Q: I ran a credit report and found out someone used my credit to get a car loan. What should I do? Any one that can help me

I have the name of the loan company that issued the loan to this stranger that stole my identity. Can I file a lawsuit?

I live in Rosemead any lawyer near me

Harlene Miller
Harlene Miller
answered on Feb 24, 2022

My colleagues have provided thoughtful and pertinent advice. Good luck in resolving the issue.

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6 Answers | Asked in Bankruptcy, Identity Theft and Small Claims for California on
Q: Can a bank collect a debt on a credit card 13 years after the last payment was made?

I was contacted by a law firm representing US Bank. For a credit card that was open in 2005 and payments made on it until 2008. A balance of 5000 was never paid. I have no recollection of this. It has never been on my credit report. It could have been opened by my ex wife. We were going through a... Read more »

Harlene Miller
Harlene Miller
answered on Nov 5, 2021

You have been provided excellent responses from my colleagues. Attorney Greene has particularly addressed many of the issues. From the information provided, it appears that the Statute of Limitations has expired at this time for suing you but the creditor can still try to collect. For more... Read more »

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2 Answers | Asked in Bankruptcy for California on
Q: included in bankruptcy

I am part of the CWA Frontier CA. We do have a contract but I have a civil case against Frontier CA that all the actions within that Civil case are in the contract. Frontier has placed my case in the bankruptcy. I have been searching to have the dismissal of my inclusion. Any help is appreciated.

Harlene Miller
Harlene Miller
answered on Oct 22, 2021

I agree with my colleague - without further information, bankruptcy rules are very clear: all creditors must be included in a bankruptcy filing. You may want to consult with a bankruptcy attorney further to determine how your claim is being treated in the case. It is also important to read all... Read more »

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