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Questions Answered by Colby LaVelle
3 Answers | Asked in Bankruptcy, Personal Injury and Civil Litigation for California on

We need help with how we should word the motion filed to withdraw vs dismiss or what to call it? What is the best way to go about doing this to be 100% sure we are not responsible for the defendant's attorney fees and can the defense come back and try to sue us after we either withdraw or... Read more »

Colby LaVelle
Colby LaVelle answered on Sep 20, 2021

I see you posted this in the Bankruptcy forum, so I will address the Bankruptcy angle. Under Bankruptcy code, there are very specific exceptions to a debt being "dischargeable." The exceptions are listed in the following code/webpage: Read more »

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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?
Colby LaVelle
Colby LaVelle answered on Sep 8, 2021

The offer you state from the lawyer suing you is lower than the offers I typically see...which makes me wonder why the attorney is offering you such a relatively good deal. Once a lawsuit is filed, these debt collectors don't usually make such "generous" offers. I urge you to call an... Read more »

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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?
Colby LaVelle
Colby LaVelle answered on Jul 6, 2021

There are two fees to consider: the attorney fees and the court fees. The court fees are $338 and the attorney fees vary widely, but generally the going rate is between $1000 and $2000. Be sure to discuss in detail your IRS debt with your attorney, and whether it will qualify for discharge in... Read more »

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5 Answers | Asked in Bankruptcy for California on
Q: I need to know if I can file a Chapter 7 bankruptcy.

My income is below the median, but because my rent is quite low, I have about $500.00 left over each month after I pay my monthly expenses. Will the availability of the $500 each month prevent me from filing a Chapter 7?

Colby LaVelle
Colby LaVelle answered on Feb 2, 2021

Firstly, it doesn't "prevent" you from filing a chapter 7. You may file a chapter 7, but the issue becomes whether it is an abuse of the bankruptcy process to allow someone who has $500 left over each month in their budget to simply write off the entirety of their debts.

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4 Answers | Asked in Bankruptcy for California on
Q: Will Chapter 7 Trustee tries to sell my property if I have equity little more than the homestead exemption amount?

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... Read more »

Colby LaVelle
Colby LaVelle answered on Aug 18, 2020

Home listing sites like and are a great starting point for home value and especially for comparable sales in your area (you can sort recent sales on and then look for homes similar to yours in size and specs), but this data is not a substitute for getting an... Read more »

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