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Questions Answered by Peter Maurice Lively
2 Answers | Asked in Bankruptcy, Tax Law and Business Law for California on
Q: Need help to dissolve S Corp due to pandemic- Can someone help?

Fitness company- Officers are myself and husband. Devastated by pandemic and not able to recover. There’s unfiled back taxes and a recent $110k judgement from a defaulted business loan with me only as the personal guarantor. I hired a firm several months ago to help negotiate a settlement but... Read more »

Peter Maurice Lively
Peter Maurice Lively
answered on Jun 15, 2022

You should speak with an experienced bankruptcy attorney as soon as possible.

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2 Answers | Asked in Bankruptcy, Contracts, Civil Litigation and Collections for California on
Q: In California, when a judgment goes beyond 10 years, does it still accrue interest?

Is a CA. judgment debt from an eviction still owed, even if it is past the statue of limitations? Does a judgment of type stand forever until paid?

Peter Maurice Lively
Peter Maurice Lively
answered on Apr 25, 2022

The limitations period is applicable to the deadline for filing a complaint to obtain a judgment. Judgments need to be renewed every ten years.

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3 Answers | Asked in Bankruptcy for California on
Q: Should I file for bankruptcy or settle law suit?

I make $20 an hour , I got behind on payments because I lost my job and I am in debt for $7000, all cards are in collection to debt agency charged off. One of them is suing me , I could settle that but I won't be able to settle all if any others come after me but may be able to pay monthly .... Read more »

Peter Maurice Lively
Peter Maurice Lively
answered on Mar 11, 2022

Provided that you take the necessary steps to seek reaffirmation of a vehicle loan, you don't lose the vehicle based upon the judge's decision.

Granting or denying a creditor's motion to approve the debtor's reaffirmation of a vehicle loan only impacts whether or not the...
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6 Answers | Asked in Bankruptcy, Identity Theft and Small Claims for California on
Q: Can a bank collect a debt on a credit card 13 years after the last payment was made?

I was contacted by a law firm representing US Bank. For a credit card that was open in 2005 and payments made on it until 2008. A balance of 5000 was never paid. I have no recollection of this. It has never been on my credit report. It could have been opened by my ex wife. We were going through a... Read more »

Peter Maurice Lively
Peter Maurice Lively
answered on Nov 5, 2021

You should clarify whether or not the debt has been reduced to a judgment when you speak with counsel regarding your options.

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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.

Peter Maurice Lively
Peter Maurice Lively
answered on Apr 8, 2021

Shop around. There are many competitive prices available from qualified attorneys who offer free consultations.

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3 Answers | Asked in Banking, Bankruptcy and Identity Theft for California on
Q: Do I need a bankruptcy lawyer

Identity theft not caught until my credit card account was long depleted for my business

Peter Maurice Lively
Peter Maurice Lively
answered on Feb 6, 2021

I agree that a police report is often the best course of action to demonstrate to the creditor(s) that you are not conspiring with the person who accessed your credit.

Your decision how to proceed may depend on who stole your identity.

It isn’t unusual for a relative or...
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5 Answers | Asked in Bankruptcy for California on
Q: I’m married & live in southern california & was planing to file chapter 13 separate from my husband, but now its a mess!

Last month I collected all the paperwork to file with a lawyer, but now my husband just told me he wants a divorce & for me to leave. We rent this house, but owner sides with him. The lawyer I was going to hire changed his mind today because I now have to move to northern california with... Read more »

Peter Maurice Lively
Peter Maurice Lively
answered on Feb 4, 2021

You haven't provided any facts that suggest there is a need to file within the next 90 days. Best to get a free consultation to determine your potential eligibility for chapter 7 and the best timing for the filing of your case. Most attorneys offer a free limited telephone consultation.

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5 Answers | Asked in Bankruptcy and Tax Law for California on
Q: Can I do a Bankruptcy for Property Taxes if paying it will cause Financial Burden to family and get a fresh start?

Five years behind waited because I didnt know what to do and pay for it but I understand to pay now but its like cant get a loan due to bad credit not working due to Covid.

Peter Maurice Lively
Peter Maurice Lively
answered on Aug 10, 2020

You can repay real property taxes through a 5 year chapter 13 plan.

You can allow the tax collector to auction the real property to pay the property taxes, so that you don't owe the property taxes individually.

You can NOT keep title to the real property and discharge the...
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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...
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