Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by Martha Warriner Jarrett
4 Answers | Asked in Bankruptcy, Consumer Law and Small Claims for California on
Q: Deadline for an out-of-court solution regarding your outstanding debt

I need assistance as I recently received an email stating, "Deadline for an out-of-court solution regarding your outstanding debt, and they will consider initiating legal dunning proceedings against you on 21.07.2023 at 12:00 pm."

To provide context, I subscribed to their service... View More

Martha Warriner Jarrett
Martha Warriner Jarrett pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 20, 2023

A lot depends on the amount of money at stake and how much time, money and effort you are willing to spend to fight what is owed. If you do nothing, the company may or may not sue you. If you are sued, make sure you defend the lawsuit rather than letting a default judgment be entered against you.... View More

View More Answers

3 Answers | Asked in Bankruptcy and Intellectual Property for California on
Q: In Ch7 Bankruptcy can a Creditor demand access to / claim my old unsold screenplays as an IP/asset to satisfy the debt?

I’m a writer w/past success selling screenplays. Nothing got made and I’ve written nothing new in 10+ yrs.

Martha Warriner Jarrett
Martha Warriner Jarrett pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 13, 2023

When you file a chapter 7 bankruptcy, you are required to list all of your assets (including the screenplays that probably have no value) and list a market value, as well as all creditor claims (including pending litigation). Once you file, the litigation will be stayed and a chapter 7 trustee will... View More

View More Answers

3 Answers | Asked in Bankruptcy for California on
Q: After bankruptcy is it had to build your credit to be able to buy a house or a car.?

how long is the bankruptcy process how long does it take to be finalized.?

Martha Warriner Jarrett
Martha Warriner Jarrett pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 12, 2023

There are several variables that determine how long it will take to complete a bankruptcy case. Once you will file, the court will set a date for your 341(a) meeting with the trustee. That date is between 30 and 45 days from the date you file. Creditors have 90 days from that date to seek to bar... View More

View More Answers

3 Answers | Asked in Bankruptcy for California on
Q: My bankruptcy was finalized 6 months ago. I was let go from my job 2 months ago and applied for unemployement until I

found a new job. EDD got back to me and said I had overpayements from 2019 and 2020 and owe $6k which I am appealing because I believe it is incorrect. But my question is, even if EDD is correct and they did overpay me, shouldn't that debt be discharged because my bankruptcy was finalized 6... View More

Martha Warriner Jarrett
Martha Warriner Jarrett pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 21, 2023

Based on what you have said, I'm assuming that you did not list EDD as a creditor when you filed your bankruptcy. Start by advising EDD of the bankruptcy and telling them that you will ask the court to reopen your case so that you can list EDD as a creditor. That may make them go away. If it... View More

View More Answers

2 Answers | Asked in Bankruptcy for Georgia on
Q: Recently disabled, under a chapter 13 and the attorney we used said our payments can not be reduced! No way i can pay ?

Had to retire from my job after 27 years. Fortunately I am able to draw Teachers Retirement disability but its 57% of my salary . I have long term disability but afraid to file clain because of payback rules i do not understand. Im not trying to get out of my obligation. Just need it reduced .... View More

Martha Warriner Jarrett
Martha Warriner Jarrett pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 23, 2023

There are provisions in the Bankruptcy Code for asking the court to modify your Chapter 13 plan based on a change of circumstances. If your current attorney is refusing to do so, and hasn't adequately explained it to you, you should consult another attorney in your area. Most will offer a free... View More

View More Answers

4 Answers | Asked in Bankruptcy, Civil Litigation and Contracts for Washington on
Q: Is it possible to file Chapter 11, Subchapter V for my business PRO SE?

I'm not an attorney and it seems that there are very few attorney's that are filing subchapter V's in Washington state and perhaps the entire country. I understand it is a new law, but it is supposed to be easier and smoother than a standard Chapter 11. The estimates I've gotten... View More

Martha Warriner Jarrett
Martha Warriner Jarrett pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 17, 2024

Very difficult. Chapter 11 (regular or subchapter V) is very complex with lots of requirements and rules. A $50,000 retainer is not unusual and well worth the investment if you want to save your business. If you haven't already met with a local bankruptcy attorney, you should definitely do so.... View More

View More Answers

5 Answers | Asked in Bankruptcy and Real Estate Law for Alabama on
Q: My brother sold family land to me and I haven’t gotten it put in my name. He filed bankruptcy without telling me.

Will I be able to transfer the land into my name? I trusted him and didn’t think I needed anything, except a receipt from purchasing. Is there anything I can do to sort it out? My husband and I are approved for a loan with the land.

Martha Warriner Jarrett
Martha Warriner Jarrett pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 1, 2024

Consult a local bankruptcy attorney ASAP. Once an attorney examines whatever documentation you have regarding the transfer, they may be able to recommend a course of action but your brother has put you in a very difficult situation.

View More Answers

4 Answers | Asked in Bankruptcy for Pennsylvania on
Q: How long can I purchase a civil judgment for, after the plaintiff files chpt7 BK?!

A debt collection company purchases debts and sues the debtors to collect. After 10 years, that collection agency has amassed a portfolio of judgments- mostly uncollected and sitting at the various courts (in PA) for years. The company then filed for chapter 7 Bankruptcy. The trustee/ courts do not... View More

Martha Warriner Jarrett
Martha Warriner Jarrett pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 20, 2024

If the debts were discharged in bankruptcy, then they are not collectible and are undoubtedly worthless. Also, even if not discharged, they are likely uncollectible because the statutes of limitation have expired (depends on state law),

View More Answers

2 Answers | Asked in Bankruptcy and Collections on
Q: How do I file for bankruptcy on my own since I can't afford a lawyer?

In 2018, my underaged former brother-in-law took my car in the middle of the night and crashed it early into the next morning. My car was impounded and I was told that I could not get it out since it was under investigation (manslaughter was involved). They held my car, didn't tell me they... View More

Martha Warriner Jarrett
Martha Warriner Jarrett pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 18, 2024

Start by consulting a local bankruptcy attorney and getting some advice based on the facts of your case. If you don't own any real property, you may be able to use upsolve.org to file for free. But be sure you talk an attorney first. Most offer free consultations.

View More Answers

6 Answers | Asked in Bankruptcy, DUI / DWI, Personal Injury and Car Accidents for Wisconsin on
Q: Do I still get the insurance money if my claim is more than the maximum amount

I was the passenger in a car accident, in which the car was totaled. I had a serious neck injury was out of work for 3 months, the driver had no injuries. My lawyer wants me to take the offer of insurance which is his max liability. If I sue and get more than his liability coverage, do I get... View More

Martha Warriner Jarrett
Martha Warriner Jarrett pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 3, 2024

Personal injury awards against a drunk driver are not dischargeable by the driver in bankruptcy, provided that the driver was convicted (or there is other proof of intoxication).

View More Answers

3 Answers | Asked in Bankruptcy for Ohio on
Q: How do I file a legal malpractice for my bankruptcy attorney ?

My attorney has failed to file documents, doesn’t respond to emails, cancels appointments, won’t call during scheduled meetings. I’m in jeopardy of losing home and case being dismissed.

Martha Warriner Jarrett
Martha Warriner Jarrett pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 28, 2024

Consult a local attorney who specialized in legal malpractice.

View More Answers

3 Answers | Asked in Bankruptcy for Washington on
Q: If the dealership I bought my car from filed for chapter 11 bankruptcy can I get my auto loan forgiven?

I keep getting emails about the case and forms to file a claim but I’m not sure if I qualify as a “creditor”

Martha Warriner Jarrett
Martha Warriner Jarrett pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 10, 2024

No, your loan will not be forgiven. You may or may not be a creditor (not enough information). You should keep making your payments. Another company will likely take over your loan. If so, you will receive instructions on how and where to make your payments.

View More Answers

3 Answers | Asked in Bankruptcy for Texas on
Q: I received an e-mail notice at 7:00 PM tonight my CH 7 was discharged today. I was planning on filing a motion to redeem

My auto and even spoke to lender today to get current balance. Now I must file a motion to reopen the case and then file the motion to redeem correct? May I file to reopen the case and file to redeem at the same time or must I wait for courts answer on reopening the case?

Martha Warriner Jarrett
Martha Warriner Jarrett pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 13, 2024

You should consider just continuing to make payments. Check with your attorney to make sure this is an appropriate option in your state. In California (and many others), there is not reason to either reaffirm or redeem if you are able to keep making payments.

View More Answers

3 Answers | Asked in Bankruptcy for Kentucky on
Q: If I file bankruptcy in ky can they take my car if it’s my only means of transportation if their is a lien against it?
Martha Warriner Jarrett
Martha Warriner Jarrett pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 29, 2023

The answer depends on how much equity (difference between value and what you owe) you have in the car. If the equity is less than the exempt amount in Kentucky, you can keep your car. You should consult a local bankruptcy attorney for advice on this issue. Most bankruptcy attorneys offer free... View More

View More Answers

4 Answers | Asked in Bankruptcy for Mississippi on
Q: Exemption for vehicles in a chapter 13 bankruptcy

Can someone please tell me what is the max allowed exemption for a vehicle in a chapter 13

Martha Warriner Jarrett
Martha Warriner Jarrett pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 20, 2023

The answer depends on where you live. You can probably find the information online by searching for the state and federal exemptions available in your state.

View More Answers

2 Answers | Asked in Contracts, Business Law, Collections and Gov & Administrative Law for Louisiana on
Q: Is a b2b customers continued purchases count as agreeing on interest we advised we would charge on past due balances?

I have a customer with an open charge account on net 30 day payment terms. His operations manager signed the credit application which in short says we reserve the right to charge interest on past due balances (1.5%/month). After seeing the writing on the wall and realizing I would have to get an... View More

Martha Warriner Jarrett
Martha Warriner Jarrett pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 5, 2023

This is a state law agency question, not really a bankruptcy question. However, it appears, from the facts you laid out that the operations manager likely was the owner's agent and therefore authorized to sign contracts on behalf of the business. For a better answer, however, you should... View More

View More Answers

3 Answers | Asked in Bankruptcy and Adoption on
Q: I mistakenly check the wrong box in the cover letter. I checked the ADDITIONAL FORM, which is supposed to be the OTHER.

Is this could be a big problem?

Martha Warriner Jarrett
Martha Warriner Jarrett pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 24, 2023

What form are you talking about?

View More Answers

3 Answers | Asked in Bankruptcy for Florida on
Q: I'm looking to file Bankruptcy but am looking for assistance if this is even offered.
Martha Warriner Jarrett
Martha Warriner Jarrett pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 10, 2023

Most bankruptcy lawyers offer free consultations. You can find one in your area by checking your local bar association or your local Bankruptcy Court's website. Also Justia.com's referral service. If it's available in your area, Upsolve.com helps you do it yourself. Good luck.

View More Answers

2 Answers | Asked in Bankruptcy on
Q: I would like to file bankruptcy through legal aid I would like to speak to an attorney about this.
Martha Warriner Jarrett
Martha Warriner Jarrett pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 8, 2023

You should call your local Legal Aid office. Not all Legal Aid offices handle bankruptcies but they can probably give you a referral. You should be able to find the phone number for the Grand Rapids office with an online search.

View More Answers

3 Answers | Asked in Bankruptcy, Divorce, Employment Law and Family Law for California on
Q: help bufrication I need attorney help advise and documents fl 300

advice, overview, edit Petition Writ Mandate ,Evidence o App( not sure if on appeal Trial Court have Jurisdiction or Appelate. or not or. both ) and / or nee help advise on proceed bifurcation vs go to Jury Trial ,

Judge was to sever my claims from other tenants Trial 11.27.23... View More

Martha Warriner Jarrett
Martha Warriner Jarrett pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 6, 2023

Check with your local bar association for an attorney referral. Also Justia.com has a referral service.

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.