Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Tristan Brown
4 Answers | Asked in Banking, Bankruptcy, Business Law and Contracts for California on
Q: Do I need a bankruptcy lawyer

Do I need a lawyer to help with a foreclosure

Tristan Brown
PREMIUM
Tristan Brown
answered on Jun 24, 2022

Whether you’re a landlord or tenant in the foreclosure process, it is advisable to consult a lawyer. The foreclosure process can be complex and you may need adequate legal representation to guide you along the way.

View More Answers

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 »

Tristan Brown
PREMIUM
Tristan Brown
answered on Jun 13, 2022

Many have been affected financially by the COVID-19 pandemic. Bankruptcy may be an option for your family member. Your family member may also qualify for a fee waiver if he/she is on disability.

Be sure to consult to a bankruptcy attorney in your area.

View More Answers

2 Answers | Asked in Bankruptcy, Banking and Federal Crimes for California on
Q: okay so i recieved a check of 9,000 i thought i won it because of lottery i was playing i told the bank if it was real

he told me yes then i took money out next day , then they told me i deposit a check fraud can i go to jail

Tristan Brown
PREMIUM
Tristan Brown
answered on Apr 12, 2022

There are a number of prevalent scams involving fraudulent checks. I'm sorry to learn you that you may have been a victim.

Unfortunately, it is difficult to determine the possibility of criminal charges without knowing more details surrounding your situation. You did not mention how...
Read more »

View More Answers

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 »

Tristan Brown
PREMIUM
Tristan Brown
answered on Apr 5, 2022

There is a possibility that a judgment creditor will negotiate a settlement for less than the debt amount owed; however, this is never guaranteed. A settlement agreement largely depends upon your circumstances (i.e., negotiation, the creditor, the debt amount, collection history, etc.).... Read more »

View More Answers

3 Answers | Asked in Bankruptcy for California on
Q: Hi. My lawyer has shown inadequate support through the whole Camp Fire and PGE bankruptcy lawsuit.

How do I find a lawyer that will represent me appropriately.

Tristan Brown
PREMIUM
Tristan Brown
answered on Feb 12, 2022

I’m sorry that you are not satisfied with your current attorney. Be sure to research legal databases (ie, Justia) for good bankruptcy attorneys.

It helps to check a lawyer’s reviews and experience to increase your chances of finding suitable representation.

View More Answers

2 Answers | Asked in Uncategorized for California on
Q: Casas en renta

Cuánto

Tristan Brown
PREMIUM
Tristan Brown
answered on Jul 20, 2021

Lo siento. No entiendo.

View More Answers

4 Answers | Asked in Bankruptcy for California on
Q: What is the procedure for filing a judgment after filing a motion for default judgment in a adversary proceeding?

My case is the Central District of California bankruptcy court. My judgment form was rejected without even going to the judge.

Tristan Brown
PREMIUM
Tristan Brown
answered on Jul 19, 2021

Reasons for rejected judgments include the default judgment being rejected, judgment form(s) not being answered in their entirety, judgment form(s) not being signed properly, and missing judgments form(s).

Since the judgement never went before a judge, it sounds as if your judgment was...
Read more »

View More Answers

5 Answers | Asked in Bankruptcy for California on
Q: my friend is filing for bankruptcy over a $24,000 credit card bill

Igave her a check for $ 10,000 to cover rent and expenses for next 6 mos.

shes afraid to cash the check at her bank because shes afraid the court or creditors may discover it and stop the bankruptcy or worse

is there a way for her to cash the check or receive funds... Read more »

Tristan Brown
PREMIUM
Tristan Brown
answered on Jun 24, 2021

A: You are essentially asking lawyers how a debtor can hide assets from her creditors and the bankruptcy court. Unfortunately, concealing assets in a bankruptcy is considered a federal crime and attorneys cannot ethically advise you how to commit a crime.

However, she should speak to a...
Read more »

View More Answers

4 Answers | Asked in Bankruptcy, Contracts, Workers' Compensation and Public Benefits for California on
Q: I am the vendor in a bankruptcy case and the pay out was to commence on 2021/25/05, and the judge approved my paperwork.

Sent in claims paperwork and it was accepted and the asking of the funds was on the 25th to cover the prior court date asking amount.

Tristan Brown
PREMIUM
Tristan Brown
answered on Jun 3, 2021

Hello,

Given the information provided, I am unable to determine what information you are seeking. Please provide some additional information if you are seeking an answer or solution on this forum.

View More Answers

6 Answers | Asked in Bankruptcy and Contracts for California on
Q: What if a defendant files for personal or biz bankruptcy before making all the payments of a settlement payment plan?

This is if both the defendant and attached business are named in the settlement. There would be a stipulation for entry of judgment attached to the settlement. The concern is the defendant defaulting and possibly filing bankruptcy prior to making payments.

Tristan Brown
PREMIUM
Tristan Brown
answered on May 31, 2021

More information is needed to determine how a bankruptcy may affect the settlement.

Once the defendant files for bankruptcy, whether it be personal or business bankruptcy, an automatic stay is generally issued. The automatic stay may legally prevent you from enforcing the settlement or...
Read more »

View More Answers

3 Answers | Asked in Bankruptcy, Contracts, Civil Litigation and Collections for California on
Q: Can I sue for monetary compensation?

I cosigned a car loan for a friend. He defaulted the car loan and the bank handed the loan to a collection agency. I had to declare bankruptcy which destroyed my once stellar credit score. As a result I'm strained financially and am still recovering my credit score. I am unable to get any... Read more »

Tristan Brown
PREMIUM
Tristan Brown
answered on May 22, 2021

In general, a co-signor agrees to share liability for a debt with the co-debtor. A default by a co-debtor is often considered a default by the co-signor as well.

Did your friend use your information to apply for the loan without your consent? Did you willingly co-sign for your friend?...
Read more »

View More Answers

4 Answers | Asked in Bankruptcy and Collections for California on
Q: Bank of America is suing me for not paying business card debt of $7000. I feel this is unfair practice in a Pandemic

Bank of America is suing me for not paying business card debt of $7000. I offered them half, they didnt agree. I cant pay more since Covid has affected business and I need to pay my employees. $7000 is the pay of one employee in my office for 2 months. Bank of America is restricting my ability to... Read more »

Tristan Brown
PREMIUM
Tristan Brown
answered on Apr 17, 2021

I’m very sorry to hear about your current situation. The pandemic has placed countless individuals and businesses in detrimental positions due to little fault of their own. However, if the debt is legitimate, Bank of America has a right to file a lawsuit to recover the debt.

From my...
Read more »

View More Answers

8 Answers | Asked in Bankruptcy for California on
Q: We are thinking of filing bankruptcy, one lawyer wanted to charge $4k, how can I find a more affordable option to file?

Our combined debt is about $40K and we cannot afford to pay such a high price for a lawyer right now. We want to be able to buy a home in the near future, and are considering settling each debt individually or filing BK if that would be more affordable.

Tristan Brown
PREMIUM
Tristan Brown
answered on Apr 8, 2021

I agree with my colleagues. Though attorneys fees are higher here in California, a $4,000 attorney fee sounds a bit steep for a Chapter 7 filing; however, the cost may be justified given your circumstances. If the attorney is charging $4,000 for a Chapter 13 in California, the price can be... Read more »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.