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Questions Answered by Harlene Miller
3 Answers | Asked in Bankruptcy for California on
Q: Is dmv registration for a car i am turning in dischargeable under chapter 7 bankruptcy?

Should I pay the planned nonoperation fee of $22 or should I not pay anything and list dmv as a debtor?

Harlene Miller
Harlene Miller answered on Feb 13, 2020

I agree with the answers provided. Particularly, urge you to talk with your bankruptcy attorney to evaluate this issue entirely in the context of your case.

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3 Answers | Asked in Bankruptcy for California on
Q: Garnishment of 25% student loan We have fallen behind on our debt by a couple thousand. How do we get help?
Harlene Miller
Harlene Miller answered on Feb 6, 2020

I suggest you use this site to locate a bankruptcy attorney in your area to consult regarding your options. Many of us offer a half hour no charge consultation. You may not need a bankruptcy, but that is where I suggest you start - since an attorney with that experience may be able to evaluate... Read more »

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2 Answers | Asked in Bankruptcy for California on
Q: My Co. Is involved in a lawsuit with client. Trial is in April can I file chap 11 if I lose and avoid paying judgement

I am hoping the truth is on my side and I will win but it's never guaranteed. The amt sued would wipe out my co. And I wouldn't be able to pay without selling. Can I file chap 11 if I lose and judgement against me. Or do I file before trial to end the lawsuit. Please guide me since trial... Read more »

Harlene Miller
Harlene Miller answered on Feb 3, 2020

I urge you to talk with a bankruptcy attorney experienced with chapter 11 cases. Chapter 11 is a reorganization for the debtor filing, in this situation, your company. An must be done to determine whether the company can reorganize and repay creditors some amount of the debt that is owed. Filing... Read more »

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2 Answers | Asked in Bankruptcy and Real Estate Law for California on
Q: Is it allowed for a judge to distribute an estate that is still in the midst of a chapter 13 Bankruptcy?

Our million dollar estate was distributed while it is still in the bankruptcy trustees control and I do not believe a relief of stay was granted to distribute the estate. In any case I was awarded one of the homes while my X got everything else . My home is encumbered 100% and is to be sold since... Read more »

Harlene Miller
Harlene Miller answered on Jan 30, 2020

Your question presents a very complicated case and issues; I believe, much more than can be responded to in this forum. I urge you to contact an experienced bankruptcy attorney in your area to arrange a consultation to go over in detail what has occurred and what your options might be.

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1 Answer | Asked in Bankruptcy for California on
Q: lawyer.added her cost 6800.00 to debt plan . gave 2300.00 already .Extra fees I may pay no $$$will they proceed ?
Harlene Miller
Harlene Miller answered on Jan 22, 2020

Attorneys fees can be included in the plan so that the attorney is paid as part of the distribution from your plan payments. If you had paid $2300 in advance to the attorney, that should have been deducted from the full amount of the fee, thereby reducing the amount in the plan. Did your attorney... Read more »

2 Answers | Asked in Bankruptcy for California on
Q: if im able following payback schedule for chapter 13 I was told no gambling . if I do during the 5 years how serious ?
Harlene Miller
Harlene Miller answered on Jan 22, 2020

If this was a condition of plan confirmation and is in the order confirming your plan, then if you don't comply with a term of the plan, the case could be dismissed or converted to chapter 7. You should really communicate with your attorney. If you did not have an attorney representing you,... Read more »

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2 Answers | Asked in Bankruptcy for California on
Q: giving check to lawyer. schedule plan signing today. 1 week late filing 13. extra fee maybe, no money wiil they process?
Harlene Miller
Harlene Miller answered on Jan 22, 2020

Your question is vague - please re-state more specifically and re-submit.

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2 Answers | Asked in Bankruptcy and Real Estate Law for California on
Q: is it common for my lawyer to ask me for 1st payment chapter 13 ? she's filing late Meeting with trustee in 7dy.
Harlene Miller
Harlene Miller answered on Jan 22, 2020

I am in Central District of CA and chapter 13 Trustee's require that the first plan payment (usually by cashier's check) must be brought to the Section 341(a) meeting with the Trustee. Which may be similar requirement for your location. Thereafter, plan payments (once the plan has been... Read more »

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3 Answers | Asked in Bankruptcy for California on
Q: If my mom is on my auto loan as a co-buyer (not co-signer), and I file for chapter 7 bankruptcy, is she protected?
Harlene Miller
Harlene Miller answered on Jan 13, 2020

If you are asking whether she is protected by the automatic stay that goes into effect when a bankruptcy is filed, from the creditor seeking payment from her - it depends. You indicate she isn't a signer - do you mean she is not on the loan? If she didn't sign the loan as a co-borrower,... Read more »

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2 Answers | Asked in Bankruptcy for California on
Q: I am 2 years into a chapter 13 bankruptcy in California . I have run up some more personal loan debt. Can i do a loan

consolidation or do i need to call him and tell him?

Harlene Miller
Harlene Miller answered on Jan 13, 2020

You cannot borrow money while in a chapter 13 without court approval. I suggest you meet with your attorney to discuss the possibility of modification to your plan since you apparently are not handling your finances based upon the monthly budget you created two years ago when the case was filed.... Read more »

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3 Answers | Asked in Bankruptcy and Legal Malpractice for California on
Q: If a private person without a corporation is coerced into filing Chapter 11 bankruptcy, when it's not even necessary,

My friend was sued, paid $10,000.,got an attorney who then passed the case over to another attorney friend, who told my friend she needed to file Chapter 11 bankruptcy and ask for $35,000. retainer. My friend didn't want bankruptcy, has no corporation, but has assets in real estate. June... Read more »

Harlene Miller
Harlene Miller answered on Jan 10, 2020

Your friend needs to consult with another bankruptcy attorney immediately. Too many issues to address on this forum. Many of us on this site might be a place for your friend to start seeking assistance.

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3 Answers | Asked in Bankruptcy for California on
Q: Lost income from job. I have about 70, oo00.00 debt this includes 50, 000 owing to IRS. 1 car, 25,000.00 I'd like to

3500.00 credit cards

Harlene Miller
Harlene Miller answered on Jan 6, 2020

Not sure what information you are requesting. Ana analysis of your income and monthly expenses as well as assets must be done to provide options for you for dealing with the debt. In terms of bankruptcy, it may be a chapter 7 or chapter 13 payment arrangement. Not all taxes are dischargeable so... Read more »

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4 Answers | Asked in Bankruptcy for California on
Q: In what state (NH or CA) should I file for BK for Student Loan discharge

I am in an odd situation in which I live in both NH and CA and could claim residency at both. I would like to file BK for student loan discharge ( 93K) due to economic hardship. ( I support both CA and NH household).

I am worried that if I file in NH , I may not pass the brunner test due... Read more »

Harlene Miller
Harlene Miller answered on Jan 3, 2020

I agree with my colleagues and also advise that you actually consult with a bankruptcy attorney so an analysis can be done for you. It is very difficult to discharge student loans and even though you may think you can file in either state, that too needs to be properly analyzed.

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3 Answers | Asked in Bankruptcy for California on
Q: I have less than 20 days to get my car from repo, I read I can go bankrupt and get my car back

I have no transportation

Harlene Miller
Harlene Miller answered on Dec 27, 2019

I urge you to seek assistance from a bankruptcy attorney that can assist you in determining your best options for resolving this issue, and whether you have the ability to recover the already repossessed vehicle.

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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... 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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