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I am about to file bankruptcy Chapter 7 in California. My debt exceeded 180.000$ and I have no assets and income coming in. But I still have 60.000$ in Crypto currency. My lawyer will be able to protect 35000$ for me. I have a few personal loans that I would like to pay off, its 2 people and total... View More 
answered on Nov 24, 2020
Apparently you have an attorney. I urge you to rely on your attorney to respond to the questions you posted. If the attorney cannot address the issues, or is uncertain about what the issues are, perhaps you need to find another attorney. The potential payoff of debt prior to filing, which must... View More
Yes I’m retired, can’t receive my unemployment and the IRS, Franchise Tax Board is coming after me.
I need to file for bankruptcy.
answered on Nov 16, 2020
There may be a public law center that can assist you. Do not go to a paralegal service - they cannot provide legal advice. Check with the bar association or search on this site for an attorney in your area to assist you. Good luck.
answered on Nov 4, 2020
The notice sent by the court that the Chapter 7 was filed goes to all creditors entitled "Notice of Chapter 7 Bankruptcy Case." If the creditor received that notice, review it. Usually, Chapter 7 cases result in no distribution to creditors so the initial notice has a notation on the... View More
Debtor did not list me as a creditor, so I got no notice. He let me proceed with lawsuit confirming my arbitration award against him until I won. I served him with notices and documents and still neither he nor his attorney told me about bankruptcy. 5 days after I obtained judgment and noticed... View More
answered on Oct 23, 2020
The dismissal of the bankruptcy case is a benefit to you. There is no stay in effect and no bankruptcy pending. I do also suggest that you talk with a local bankruptcy attorney for more details.
Timely claims of general (unsecured) créditos totaling $35,118 have been allowed and will be paid pro rats only after all allowed administrative and priority claims have been paid in full. Does this mean I have to pay that or they telling me they will pay it or they paid it??
answered on Oct 20, 2020
Plan payments you make to the Trustee are the funds used to pay allowed creditors and administrative expenses of the case that are incurred by the Trustee. It is important to review the documents sent to you by the Trustee to make sure the creditor list is accurate. If you do not have an... View More
My soon to be ex left me with the house in California. I cannot afford it and she won’t sell. Cannot afford to get atty involved as there is no gain. Should I just go through foreclosure?
answered on Oct 19, 2020
Is a divorce pending? Will you be entering into some type of property division agreement? If so, and she releases her interest in the property, you may want to consider selling the property. If there is no equity in the property (is that what you mean by "there is no gain"?) - a short... View More
answered on Oct 19, 2020
I agree with the comments from my colleagues. You need to consult with a bankruptcy attorney regarding the ramifications of filing bankruptcy particularly if you are doing it just to stop an eviction.
I have a gas and oil lease with company and company has file bankruptcy U S Court Houston, TX. And I am trying to file form 410 but having a problem understanding a question. Need Help
answered on Aug 24, 2020
Suggest you talk directly with a local bankruptcy attorney familiar with chapter 11 and also creditor issues. Most critical is the timely filing of a proof of claim.
Depends on which home listing sites we look at, I can have $100,000 equity or $130,000. My understanding of California Homestead Exemption who is living with a family member is $100,000.
Will Trustee use the higher estimated value and proceed to sell my property? Is there such a range where... View More
answered on Aug 16, 2020
The answers already provided give you the information you need. Understand that the Trustee will do his own review of the property via a broker to ascertain the current fair market value. Usually, consideration is given to hypothetical costs of sale in determining if there is sufficient excess... View More
answered on Aug 11, 2020
Without more information about other debt that you have and financial information about your income and monthly expenses, filing bankruptcy solely because of the timeshare issue may not be the best action for you. I urge you to locate a bankruptcy attorney in your area for analysis to assist you... View More
Five years behind waited because I didnt know what to do and pay for it but I understand to pay now but its like cant get a loan due to bad credit not working due to Covid.
answered on Aug 10, 2020
From your question, it sounds like you are looking to file a chapter 7 bankruptcy to get a fresh start. Unfortunately, property taxes are secured on the property that you own. Even if you were to file chapter 7, the lien from the taxes would remain on the property. To retain the property, you... View More
answered on Jul 23, 2020
Please provide more information - what type of case? If bankruptcy - 7 or 13? When was it filed?
I filed for chap 7 bankruptcy in 2016 and it was discharged.
I’m checking my report and it shows that 3 of the accounts I filled for are reporting as current accounts that will be dropped by 2023.
The others are reporting as included in bankruptcy and will be dropped by 2023.... View More
answered on Jul 20, 2020
The creditors should not be reporting on your credit report other than to indicate that the debt was included in a bankruptcy. You can file a dispute with the credit reporting agency. Although, if the accounts are being reported as current and not delinquent, I don't know that they are... View More
Benefits including Social Security, stimulus check and Unemployment Insurance due to Covid-19 in California.
answered on Jun 15, 2020
Question not specific. Are you currently in a chapter 7 bankruptcy case? If so, creditors are stayed from collecting from you - no matter what the source of the funds. Upon filing a bankruptcy, any garnishment in place is stopped. Talk with your bankruptcy attorney - hopefully you have one... View More
No creditor showed up for my 341 meeting. Can they still take money from my checking account? Thanks!
answered on Jun 15, 2020
So long as you listed all of your creditors, they are controlled by your bankruptcy and the automatic stay that stops them from trying to collect from you or take money from your checking account. Be sure that if a creditor had a judgment against you, which would have allowed them to levy your... View More
My brother parked a car that was under my name on a parking spot he wasn't supposed to. So the towing truck towed it away and are charging me a bill of almost $4,000. We never took the car out. The towing company said they sold the car, but since it was under my name while it was in there,... View More
answered on May 15, 2020
The towing company is allowed to sell a vehicle that is towed and not picked up by the owner. They sell them to cover the storage fees - which they are allowed to do. If they sue you for the fees, you need to resolve it or they can get a judgment against you. You can choose to do nothing right... View More
My mother just passed away. She has a revocable trust, of which I am trustee/executor, state of AZ. She was in the process of filing bankruptcy but did not officially file with the court yet. What are my responsibilities as trustee? Do the beneficiaries have a right to the proceeds from the sale of... View More
answered on May 14, 2020
Sincere condolences to you. I suggest you talk with your mom's trust attorney or a trust attorney in your area to confirm what needs to be done. You can also contact your mom's bankruptcy attorney to discuss the issues but since the case has was not yet filed, a bankruptcy cannot be... View More
towed, left her stranded and no way to get her kids to school, took her friend to court and won the judgment after several attempts to collect with even the judge ordering her to make payments she forfeited and so the judge granted us the full payment and she still refused to make any kind of... View More
answered on Apr 30, 2020
The reality of chapter 7 bankruptcy is that the person filing must disclose all assets and debts. If assets are not disclosed then it might give rise to objecting to the debtor getting a discharge of debt. However, it requires the creditor objecting to consult with and retain a bankruptcy... View More
What would the court consider excessive? The case was not confirmed they recommended dismissal now they want to take the whole 15 grand the trustee is holding
answered on Apr 24, 2020
You should have been receiving monthly statements from your attorney as soon as you retained the attorney. That way you would be seeing what the attorney billed in the case on a monthly basis. If the attorney is seeking approval of fees incurred during representation of you in the case,... View More
I need to payoff a loan,I have had the funds since 3/15,the foreclosure attorney is being difficult and said the lender is in bankruptcy and the trustee needs to provide the payoff amount.He said that he will go ahead and file notice sale of trustee on my home even if he is the one delaying the... View More
answered on Apr 17, 2020
I urge you to get an experienced bankruptcy attorney in the area where the case is - immediately.
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