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answered on Dec 11, 2017
OMG! There are hundreds of attorneys who limit their law practice to handling only bankruptcy cases. You might want to look for lawyers who are certified specialists by the California Bar Association.
Approx 50,000 in navient loans with accrued interest. Stemming from Los Angeles Film School. I graduated 3.98 goals and worked in the film industry for a couple years but now I live back in SAN Diego, have gone back to working as a programmer (when I'm working), and have recently become... View More 
answered on Dec 11, 2017
The short answer is that you cannot automatically discharge your old student loan*. However, you may discharge it, if you successfully sue the lender in bk court on the grounds of "undue hardship."
I recommend that you do some simple research yourself on the subject of a... View More
house was bought in 2008 with my name with first time buyer benefits.
one time deposit with my bank account and never made payments with my account afterwards.
my parents has all the records of paying the loan.
2 years ago, the ownership of the house was transferred to my... View More
answered on Dec 11, 2017
I'm not surprised by the reaction of the other lawyer. I almost didn't even want to post an answer.
The problem here is whether or not the transfer of the house is a fraudulent transfer. You say it's not your house, and it never was your house. However, the use of your credit... View More
I was told I cannot prove undue hardship because I may someday after the program be able to pay. (Loans obtained fraudulently from a for profit college in trouble with the fed govt) So 3 years from now I may get a job nursing. All the while accruing interest on these loans. I support my son on... View More
answered on Dec 11, 2017
The short answer is that you cannot automatically discharge your old student loan*. However, you may discharge it, if you successfully sue the lender in bk court on the grounds of "undue hardship."
You will probably find that the requirement of "undue hardship" sets a... View More
answered on Nov 29, 2017
YOU CAN NOT have the case transferred from California to Florida without a HUGE amount of hassle. To try would require filing a motion for change of venue. It is highly advisable for you to meet in person with a bankruptcy lawyer before you do anything. Depending on your situation, it could make... View More
answered on Nov 29, 2017
The law requires you to include all assets, including claims that you have, such as your lemon law case, include all assets, such as your car, and include all debts, such as a car loan. You have no choice in the matter.
However, the effect that a bankruptcy will have on such matters depends... View More
The Judge signed and discharged all debt including student loans. I am then told student loans won’t discharge. The Judge signed off on ALL debt listed no exceptions so why are they not handled that way by collection agencies? I need a lawyer to help me.
answered on Nov 27, 2017
The short answer is that you can not automatically discharge your old student loan*. However, you may discharge it, if you successfully sue the lender in bk court on the grounds of "undue hardship."
I recommend that you do some simple research yourself on the subject of a... View More
We received a letter from the trustee in a chapter 7 case and, one thing she wrote concerns me. My lawyer whom we didn't feel was doing the best job in the first place apparently told her that he didn't think we'd cooperate with her sending an associate out to value our possessions.... View More
answered on Nov 15, 2017
There is clearly a lack of confidence between you and your lawyer, which may be mutual on both ends. Something needs to be done about that, but why would your lawyer think that you would not cooperate with the trustee?
The immediate issue is your cooperation with the trustee. You have a... View More
The bankruptcy judge granted a stay of 6 months, starting 09/15/17. Can the foreclosure proceed on 12/19? Or does the foreclosure sale have to be postponed until the end of the 6 month stay period (3/15/18)?
answered on Nov 14, 2017
I wish I could help you, but it's not possible to offer guidance on something so specific unless a lawyer can see all the relevant paperwork. You should consult your own lawyer immediately, and if you don't have a lawyer I think you better get one or else you won't know what your rights are.
Couldn't keep making payments due to my employer not paying me (still owes me for a months work, i quit, just started new job), the collection agency turned it over to a lawyer I guess? Who is now seeking to levy on "any and all accounts and safe deposit boxes standing in the name of the... View More
answered on Nov 12, 2017
If you have any money in that bank, (should be name of the bank on the levy), the creditor is going to get it. They are after you, and don't be surprised if they somehow find out where you work and hit you with a wage garnishment.
I suggest you deal with it. See a local bankruptcy... View More
My BK is now on my credit reports
answered on Nov 9, 2017
You don't say when you filed, but I'm guessing it was recently?
Your credit report will not change until you get your bk discharge. At that time those trade lines should say, "discharged in bankruptcy."
My lawyer dropped the ball and failed to reply to the motion to dismiss. The judge dismissed the case without prejudice. My lawyer since then has been trying to refile a motion but failed to properly serve the parties and the motion was denied. My lawyer attempted to refile and served the parties... View More
answered on Nov 7, 2017
I'm terribly sorry you have this situation. Looking at how your lawyer screwed up, I think you can tell how very difficult this stuff is. It is neigh impossible for a layperson to do this on their own. Please go a very experienced BK lawyer immediately, and be sure to take all the papers with you.
The business in Chapter 11 has performed thousands of dollars work at no cost, and without billing, on an insiders' property. This has occurred over 3 years, with a majority of the work being done within the year prior to the Chapter 11 filing. The insider is not a creditor. Can the... View More
answered on Oct 4, 2017
I think there is a good chance that it can be clawed back, if a trustee gets appointed. If it remains a debtor in possession, I would not expect the debtor to take action on this, unless forced to do so.
pay $3200 before they will allow me to re-instate my license, will a bk take this away? and if so, how long would it take to get that off my record so i can get my drivers license back? thank you
answered on Oct 4, 2017
If the debt is discharged in bankruptcy the no-insurance restriction will be lifted and you should be able to get your licenses reinstated. The BK process normally takes about 3+ months.
For the amount of money involved, you should look for a different way of resolving this. If this is your... View More
company. Can anything they buy going forward be affected by the bankruptcy they already filed?
answered on Oct 3, 2017
Your new sales can be affected if you sell to them on terms. I suggest you make them pay in advance.
My ch7 filed in june 2017 recent charge off sept. 25th 2017 all debts are gone except landlord who was included in the bankruptcy. Suppose to move today but new landlord sees this on report. Will it hurt me to explain i recently filed bankruptcy & the debt shouldn't be on there? Do I... View More
answered on Oct 3, 2017
I'm sorry you are having this problem.
You keep using the word "charge off" but I think you mean "discharge."
Assuming I'm right, dispute the derogatory item on your credit report, by submitting it to the credit bureau. Tell them the debt was... View More
My father was sued, but never told my mother or family about it. It ended up in a default judgement, because he stopped going to court. He died soon after the judgement was issued. Do we have any course of action to appeal the case? If so, can one of the kid's represent my father, as my mother... View More
answered on Sep 27, 2017
I am sorry that your family has this problem. Here are some questions that you will need to answer before a lawyer knows how to guide you: Did your father leave any valuable assets? Was there a will? Was there a trust? Is there a probate case?
If there were no assets, it may be sufficient... View More
If one uses chapter 7 to eliminate credit card debt, will the c.c. company go back to the original retailer to dispute charges or will the c.c. co. simply write off the charges?
answered on Jun 5, 2017
You are asking a really good question.
Here is what happens when you buy items in a store and pay with a bank credit card. The bank pays the store for you, and the bank assumes all the risk. You then become the absolute owner of the merchandise.
If you discharge the bank credit... View More
They are federal student loans serviced by Navient for attenting ITT Technical Institute. Further, the school has closed having lost federal approval for student loans, meaning they violated laws and misrepresented to students, perhaps that is a way towards forgiveness. I was an Instructor then... View More
answered on Jun 5, 2017
You might need to find the exact date your bankruptcy case was filed.
Federal student loans that had been in repayment for at least 7 years were dischargeable in bankruptcy cases filed prior to October 7, 1998.
If that does not work for you, perhaps the school closure may provide... View More
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