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Questions Answered by Peter Maurice Lively
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 association... 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...
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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 marriage.... 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 cocaine.... 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...
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4 Answers | Asked in Bankruptcy, Banking and Collections for California on
Q: Chap 7. Wife not filing. Joint Citi checking w $5600 on line of credit. It's current. Can Citi offset if stays current?

Since it is a joint debt, can we exclude it from the BK and continue making payments on it?

We want to keep her strong credit completely clean.

Is there any reason to close the joint account?

Peter Maurice Lively
Peter Maurice Lively answered on Jun 17, 2019

Setoff is a contract issue. The answers to your other questions as best given during a telephone consultation regarding all of your facts and circumstances.

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4 Answers | Asked in Bankruptcy for California on
Q: If I’m late on a car title payment in California does the account go through any kind of review process before repossess
Peter Maurice Lively
Peter Maurice Lively answered on May 1, 2019

Your title loan may provide you with a short grace period after the monthly payment due date.

Other than perhaps a courtesy call from the title lender regarding the status of your payment, you should expect your lender to repossess your vehicle as soon as it legally can pursuant to your...
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3 Answers | Asked in Bankruptcy for California on
Q: Is it possible to file an emergency chapter 7 through an attorney to protect my car from repossession.

I am late on a payment with another payment due in mere days and I’m really concerned.

Peter Maurice Lively
Peter Maurice Lively answered on May 1, 2019

It is possible to file an emergency bankruptcy petition and obtain an automatic stay pursuant to Bankruptcy Code Section 362 which is applicable to vehicle lenders and would be violated if repossession subsequently occurred.

However, a Chapter 7 petition alone isn't necessarily going to...
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7 Answers | Asked in Bankruptcy for California on
Q: How low an income do you have to have to file for Chapter 7?
Peter Maurice Lively
Peter Maurice Lively answered on Dec 7, 2018

Whether your income matters at all depends on whether the majority of your debt is consumer or nonconsumer. If the majority of your debt is consumer, then the next step is to determine your household size and the type (W-2 employment, self-employment, Social Security, etc.) and amount of income... Read more »

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4 Answers | Asked in Bankruptcy for California on
Q: Can I put my 30% ownership interest in a condo into an LLC in case I go bankrupt in a couple years so it can’t be taken?

Does an LLC make my ownership interest exempt from being taken by creditors?

Peter Maurice Lively
Peter Maurice Lively answered on Nov 26, 2018

That will not protect the property from being reached by a chapter 7 trustee. If you transfer the property without receiving comparable value and return, you will create a recoverable fraudulent transfer for your bankruptcy estate for up to 10 years depending upon the types of creditors you have... Read more »

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5 Answers | Asked in Bankruptcy and Civil Litigation for California on
Q: I want to file for bankruptcy? Can I get help with the fees since I’m low income? How to get a pro bono service help
Peter Maurice Lively
Peter Maurice Lively answered on Nov 13, 2018

Public Counsel Law Center Los Angeles (213) 385-2977 might be able to help you. Several bankruptcy courts in the Central District of California have self-help desks. Fee waivers and fee payment plans are sometimes available by application to the court at the time you file your petition.

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5 Answers | Asked in Bankruptcy for California on
Q: I am filing Chapter 7 in CA. My wife has a house since before marriage and we have a prenup. Do I need to disclose?

Married for 3 years and we do not live in that house, I rent.

Peter Maurice Lively
Peter Maurice Lively answered on Oct 1, 2018

Yes. Not only must you disclose, but your bankruptcy estate may have an interest in that property depending upon the terms of the prenuptial agreement.

California is a community property state and the marital community can develop an interest in the separate real property of either spouse...
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4 Answers | Asked in Bankruptcy for California on
Q: What are the options and requirements for reinvesting Homestead Exemption funds while in Chapter 7 bankruptcy?

I am in active bankruptcy (not yet discharged) My home was sold to satisfy claims. The Trustee issued me $75K for my Homestead Exemption and said it should be reinvested in a primary residence within 150 days. What are my options (i.e., rent? motorhome? co-invest?)?

Peter Maurice Lively
Peter Maurice Lively answered on Sep 21, 2018

California Code of Civil Procedure Section 704.710 provides the definition of a dwelling and the types of dwellings which may your homestead which include a house, a mobile home, a boat, etc.

If you don't reinvest the homestead funds within the six months deadline, the trustee will be...
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5 Answers | Asked in Bankruptcy, Estate Planning and Family Law for California on
Q: Husband accumulates debt with payday loans and other forms without my knowledge. How to protect my assets. Can I?

He has filed bankruptcy 3 times. I was on the bankruptcy the last 2 times but don't ever want to be involved with one again.

I will be inheriting someday and wonder if his creditors will go after the estate.

Peter Maurice Lively
Peter Maurice Lively answered on Sep 11, 2018

Inheritance is separate property of the receiving spouse under California law, but it can be transmuted (changed) into community property and thereby become a potential bankruptcy estate asset in your husband's potential individual bankruptcy case. Therefore, you need to understand how separate... Read more »

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3 Answers | Asked in Bankruptcy for California on
Q: Will my car be taken away if I file for bankruptcy? I don't want to take public transportation.
Peter Maurice Lively
Peter Maurice Lively answered on Aug 24, 2018

Probably not. However, you need to provide an experienced bankruptcy attorney with all of your financial facts and circumstances so that he or she can help you determine your options. If bankruptcy is a viable option, then your attorney will help you determine which of your assets (or how much... Read more »

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4 Answers | Asked in Bankruptcy and Collections for California on
Q: Can a judgment against me garnish my SSDI (Disability), my old VW Bug that's worth less than $3,000, my furniture?

Was served on August 8, 2018. My husband was ill with terminal cancer & couldn't work. I live in Northern California, El Dorado County, I'm 56 years old & became disabled & couldn't work. Took a long time to get our disability & went through our savings & had to survive on credit cards. Husband... Read more »

Peter Maurice Lively
Peter Maurice Lively answered on Aug 9, 2018

SSDI is exempt from creditor claims under Federal Law - 38 U.S. Code Section 5301, with very few exceptions.

You are entitled to additional exemptions from creditor collection for your personal property under California Law - California Code of Civil Procedure Section 703 or 704....
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4 Answers | Asked in Bankruptcy for California on
Q: What are the legal ramifications if I choose to stop paying my second mortgage?

My ex filed chapter 7 on our second mortgage in 2013. It is discharged with the bank but I have continued to pay it. I live in CA and not sure what the law says about it.

Peter Maurice Lively
Peter Maurice Lively answered on Jul 27, 2018

Foreclosure is the biggest risk of not paying a loan secured by your real property. When you stop paying a loan secured by your residence a foreclosure trustee's sale may ultimately take away your title (ownership) interest. you may or may not owe anything to the junior lender after the... Read more »

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3 Answers | Asked in Bankruptcy for California on
Q: Do I have a case against my creditor for harassment?

My creditor called me today asking for the car. I told her to contact my trustee and she started shouting saying the trustee has nothing to do with this. She started calling me ignorant and shouting saying do whatever you want i don't care.

Peter Maurice Lively
Peter Maurice Lively answered on Jul 11, 2018

The Bankruptcy Code section 362(k) provides for an individual (including the debtor) to recover actual damages and potentially punitive damages for a willful violation of the automatic stay, you would likely have difficulty proving damages. However, the automatic stay terminates as to personal... Read more »

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4 Answers | Asked in Bankruptcy for California on
Q: If I filed for bankruptcy on my own does that give the creditors the right to still call me?
Peter Maurice Lively
Peter Maurice Lively answered on Jul 10, 2018

If a creditor is calling with the intent to collect a debt, then the automatic stay arising from the filing of your bankruptcy is being violated regardless of whether you are represented by and attorney or not.

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5 Answers | Asked in Bankruptcy for California on
Q: Does the bankruptcy means test take into consideration that I have three kids?
Peter Maurice Lively
Peter Maurice Lively answered on Jul 9, 2018

If your children are not minors or full-time college students living at home, or otherwise claimed as dependents on your tax returns, they will not count toward the Means Test median income component or the calculation of projected disposable income. You should consult with an experienced... Read more »

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