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Questions Answered by Peter Maurice Lively
3 Answers | Asked in Bankruptcy for California on
Q: Can a towing company charge me over $4,000 for the time it's been there when they sold the car to someone else?

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,... Read more »

Peter Maurice Lively
Peter Maurice Lively answered on May 15, 2020

As the registered owner of the vehicle, you are responsible for the towing and storage fees less the proceeds from the vehicle sale/auction. You should consult with an experienced bankruptcy attorney regarding your overall financial circumstances and the pros and cons of settlement versus other... Read more »

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4 Answers | Asked in Bankruptcy and Estate Planning for California on
Q: What happens to assets & property in a revocable trust upon the trustor's death if in the process of bankruptcy?

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... Read more »

Peter Maurice Lively
Peter Maurice Lively answered on May 14, 2020

Yes, you should immediately contact your mother's bankruptcy attorney and advise this person of her death. You are best advised to seek a consultation with an Arizona wills and trusts that attorney regarding your responsibilities and duties as trustee of her trust which is no longer revocable... Read more »

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3 Answers | Asked in Bankruptcy for California on
Q: I have a discharged bk chp 13 I wanted off my crdit report I dispued it with the agnecies what to do next?
Peter Maurice Lively
Peter Maurice Lively answered on Apr 16, 2020

The bankruptcy reference will automatically expire on your credit reports after 10 years. I'm not aware of any means of having it taken off your credit report prior to10 years from the petition date.

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2 Answers | Asked in Bankruptcy for California on
Q: I need help filing Chapter 7. I have counseling completed and most of the filing paperwork filled out. I can't afford

I am on very low income and unable to pay an attorney. I had health issues. Counseling completed. Most filing forms completed. Getting a Credit report soon.

Peter Maurice Lively
Peter Maurice Lively answered on Mar 26, 2020

Public Counsel provides pro bono assistance to some consumers. Alternatively, most consumer bankruptcy attorneys have a reasonable sliding scale for bankruptcy attorneys' fees based upon each client's ability to pay.

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4 Answers | Asked in Bankruptcy for California on
Q: If someone already filed for bankruptcy, waiting for hearing in morning, can another lawyer deal with removing I-lien.

I understand all of what is needed for information on bankruptcy and the need for it with filing for involuntary lien removal. All I need is to find out what the average cost is to have it removed during the process of waiting for dismissal.

Peter Maurice Lively
Peter Maurice Lively answered on Mar 2, 2020

A debtor can substitute counsel of record and the new counsel for the debtor can prosecute lien avoidance motions. I have helped many debtors to reopen their chapter 7 cases for the purpose of prosecuting motions to avoid judgment liens as well as substituted into open cases for the same purpose.

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5 Answers | Asked in Banking and Bankruptcy for California on
Q: Bankruptcy and keep home?

Can we file bankruptcy and keep home?

Peter Maurice Lively
Peter Maurice Lively answered on Feb 27, 2020

There may be a risk for the sale of a residence in chapter 7 depending upon many factors. Chapter 13 does not present a risk of your residence being sold by the bankruptcy trustee. You should consult with an experienced bankruptcy attorney regarding your facts and circumstances to determine your... Read more »

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3 Answers | Asked in Bankruptcy, Collections and Landlord - Tenant for California on
Q: Hi, I do have eviction on my record. it's from last year. my previous land lord's lawyer keeps calling me to collect mo

LIVE IN CA, I do have eviction on my record. it's from last year. my previous land lord's lawyer keeps calling me to collect money. i can't make a peyment now. would they send it to a collection agency or suing me in court. if any of those happen could i still settle a payment with... Read more »

Peter Maurice Lively
Peter Maurice Lively answered on Feb 17, 2020

While you could potentially settle this debt and have a reference added to your credit report that the debt has been settled, Fair Credit Reporting Act allows accurate reports to stay in your credit for 7.5 years from the recording date.

A bankruptcy discharge removes derogatory credit...
Read more »

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3 Answers | Asked in Bankruptcy for California on
Q: Garnishment of 25% student loan We have fallen behind on our debt by a couple thousand. How do we get help?
Peter Maurice Lively
Peter Maurice Lively answered on Feb 6, 2020

I agree with the previous answer that consulting with a bankruptcy attorney is certainly a good first step. If a bankruptcy attorney can help you obtain relief from your other debts, you may be able to catch up on your student loan and stop the garnishment. Chapter 13 might be a consideration... Read more »

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3 Answers | Asked in Bankruptcy for California on
Q: If my mom is on my auto loan as a co-buyer (not co-signer), and I file for chapter 7 bankruptcy, is she protected?
Peter Maurice Lively
Peter Maurice Lively answered on Jan 13, 2020

No. Co-buyer and co-signer are essentially the same - both parties who signed are responsible for the debt. If you file chapter 7, surrender the vehicle and receive a discharge of the debt, then your mom will still be obligated on the debt.

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4 Answers | Asked in Bankruptcy for California on
Q: In what state (NH or CA) should I file for BK for Student Loan discharge

I am in an odd situation in which I live in both NH and CA and could claim residency at both. I would like to file BK for student loan discharge ( 93K) due to economic hardship. ( I support both CA and NH household).

I am worried that if I file in NH , I may not pass the brunner test due... Read more »

Peter Maurice Lively
Peter Maurice Lively answered on Jan 3, 2020

Obtaining a discharge of student loans is likely to be equally difficult in both states. If you consider one state to be your domicile (permanent residence were you always intend to return) and the other to be a temporary residence, then you would presumably file in the state where you maintain... Read more »

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3 Answers | Asked in Bankruptcy for California on
Q: I was not given sufficient notification on a Motion for Relief from Stay in my CH 13 bk. Hearing is days away.Options?

This was clearly a strategic move by the creditor to serve me via mail just prior to the holidays so I would have little to no recourse. I need help filing a motion for extension of time to object, to extend the automatic stay , to find legal assistance and to have someone appear on my behalf at... Read more »

Peter Maurice Lively
Peter Maurice Lively answered on Jan 3, 2020

If you can't get a written response filed prior to the hearing date, then you are best advised to at least appear at the hearing and explain the circumstances to the judge while requesting a continued hearing date with an appropriate deadline for you to file a written response.

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3 Answers | Asked in Bankruptcy for California on
Q: I have less than 20 days to get my car from repo, I read I can go bankrupt and get my car back

I have no transportation

Peter Maurice Lively
Peter Maurice Lively answered on Dec 21, 2019

I have helped clients with this issue through chapter 13 where their overall financial circumstances, not only the repossessed vehicle recovery, justified the administrative costs and supported a feasible plan of reorganization.

Sometimes it is more cost efficient to recover the vehicle...
Read more »

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2 Answers | Asked in Bankruptcy for California on
Q: Is it possible to still have my corporation as self employed if I file a chapter 7 on the personal side?

I'm a owner operator truck driver and debt has piled up. I'm roughly at $25,000 on credit cards and other obligations has caused me to go under water quite a bit.

I'm 2 years in with my corporation self employed, and both years of tax returns are showing $30k or less after... Read more »

Peter Maurice Lively
Peter Maurice Lively answered on Nov 25, 2019

Yes, you can keep your Corporation while you go through an individual Chapter 7. My understanding is that you own 100% of the shares of your Corporation. You can apply an exemption to the value of your shares to protect that asset. The value of your shares in your Corporation is calculated from... Read more »

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6 Answers | Asked in Bankruptcy for California on
Q: Can you advise me with a senior bankruptcy issue?

I have outstanding, very high credit card debts it is unlikely I can ever satisfy. Is bankruptcy the answer?

Peter Maurice Lively
Peter Maurice Lively answered on Nov 15, 2019

Bankruptcy is certainly something you should consider, but it might not be your best option.

Consulting with an experienced bankruptcy attorney to review your assets, debts, income, expenses, transfers of property and payments on debts owed to family members, etc.. is a good way to find...
Read more »

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3 Answers | Asked in Bankruptcy, Criminal Law and Federal Crimes for California on
Q: What non bankruptcy codes can be used for exemptions in ch 13? For example, if the debt arose from a federal crime.

are there any other codes other than 703 and 704 and the federal codes listed?

Peter Maurice Lively
Peter Maurice Lively answered on Nov 4, 2019

Some of the items that may be exempted under Federal laws other than title 11 include:

Foreign Service Retirement and Disability payments, 22 U.S.C. 1104;

Social security payments, 42 U.S.C. 407;

Injury or death compensation payments from war risk hazards, 42 U.S.C....
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4 Answers | Asked in Bankruptcy and Civil Litigation for California on
Q: I have been sued for $1,885.91 from credit card. Its a limited civil case. My last payment was 12/01/2015

It's past 3 years and do i have to go court or do try to call the credit card company?

Peter Maurice Lively
Peter Maurice Lively answered on Oct 21, 2019

The statute of limitations for breach of contract in California is four years. You might be able to resolve the lawsuit by contacting counsel for the credit card company and offering a settlement. You have a limited amount of time to file a written response to the complaint and you need to pay... Read more »

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3 Answers | Asked in Bankruptcy for California on
Q: How can a senior citizen, in San Jose, CA....get free bankruptcy counsceiing?
Peter Maurice Lively
Peter Maurice Lively answered on Aug 28, 2019

If you don't receive any better options, then you could try contacting a local attorney member of the National Association of Consumer Bankruptcy Attorneys, using the find attorney feature at NACBA.org, and ask whether or not that attorney provides pro bono services directly or through... Read more »

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6 Answers | Asked in Bankruptcy for California on
Q: I have some bad financial problems, I think. I am considering bankruptcy.

I have managed to get about 6 credit accounts back to a good, current status, but have about 7 getting worse everyday. Including two loans. They probably total about $25000 at the moment, and I am making about $700 a week and am not sure I can save everything. My credit has gone down to 500 and... Read more »

Peter Maurice Lively
Peter Maurice Lively answered on Aug 27, 2019

It is impossible to determine whether you are eligible for a chapter 7 discharge and whether that is your best option, based only upon the information that you provided in your question.

If you are married and your spouse is employed, both of your incomes must be used, together with other...
Read more »

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4 Answers | Asked in Bankruptcy for California on
Q: Can my filing Chapter 7 by myself have creditors come after my husband after its done?

I live in California. I rent a room somewhere else while my husband stays in the house we rented. Do to his behavior I decided to leave. We are not legally separated, but don’t currently live in the same county together. My income by myself would get me chapter 7 to remove crushing credit card... Read more »

Peter Maurice Lively
Peter Maurice Lively answered on Aug 9, 2019

Before getting to your two questions, you should be aware that despite not being a cosigner, a cardholder on your account can be liable for that cardholder's purchases and CA community property law defines certain types of debt as belonging to both spouses when they are incurred during... Read more »

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4 Answers | Asked in Bankruptcy, Gov & Administrative Law, Sexual Harassment and Identity Theft for California on
Q: I have a card debt with $35,000 used with me and my boyfriend. he didn't have a social so I let him use and pay me back

But apparently, he did not. He just keep talking he will pay me back, he will work hard, but nothing paid back. I let him use my credit card for daily life, but he used for sports betting without my consent. He kept promised me he won't do it again but it is still happening and he even do... Read more »

Peter Maurice Lively
Peter Maurice Lively answered on Aug 7, 2019

I'm sorry for your circumstances which sound stressful and frustrating, you are certainly not alone.

You could spend a lot of time energy and money obtaining a judgment and trying to collect the judgment from someone without succeeding.

You might be eligible for a bankruptcy...
Read more »

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