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Questions Answered by Kathryn U. Tokarska
1 Answer | Asked in Bankruptcy for California on
Q: How can I do bunkruptcy
Kathryn U. Tokarska
Kathryn U. Tokarska answered on Apr 10, 2013

This is too broad of a question to answer in this forum.

1 Answer | Asked in Bankruptcy for California on
Q: In bankruptcy will I be allowed to keep my vehicle? Truck is valued at $4500 I owe $8000.
Kathryn U. Tokarska
Kathryn U. Tokarska answered on Apr 10, 2013

Since you owe more than the value of the truck, it means you have no equity in the truck and unless you fail to make paymens on the vehicle or fail to sign a reaffirmation agreement (but only if the creditor is the type that insists on reaffirmations) then you can keep the truck. Even if you had... Read more »

1 Answer | Asked in Bankruptcy for California on
Q: Notice of Change of Creditor Payment Address, whether we have to file in all Bankruptcy courts
Kathryn U. Tokarska
Kathryn U. Tokarska answered on Apr 10, 2013

If you are a creditor with pending cases in several different courts and you have changed your address, then yes you would need to file notice of change of address with each court where the cases are pending.

1 Answer | Asked in Bankruptcy for California on
Q: IS IT LEGAL FOR THE TRUSTEE TO DISMISS A CHAPTER 13 BECAUSE OF A MATH ERROR ON THE COURTS PART.
Kathryn U. Tokarska
Kathryn U. Tokarska answered on Apr 10, 2013

The Trustee does not have the authority to dismiss a case. Only the court can dismiss a case. The Trustee however can motion the court for a dismissal. Filing a motion is a way of asking for the court to do something. If the court agrees that Trustee has valid basis for seeking dismissal it can... Read more »

1 Answer | Asked in Bankruptcy for California on
Q: I'm a claimant,former employee,of hostess bankruptcy. I need a lawyer. How do I find one?
Kathryn U. Tokarska
Kathryn U. Tokarska answered on Apr 10, 2013

There are several ways to get referrals for local attorneys. Best way is to ask friends/family. Another option is to contact your local bar association for a referral. If you are looking for assistance on a bankruptcy related matter I would hire an attorney who is a member of the National... Read more »

1 Answer | Asked in Bankruptcy for California on
Q: IF WE CLAIM BANKRUPCY DOES IT AFFECT MY INHERITANCE FROM A LIVING TRUST, MY MOM JUST DIED?
Kathryn U. Tokarska
Kathryn U. Tokarska answered on Apr 10, 2013

Potentially yes! Do not even think about filing for bankruptcy unless you have consulted with a bankrutpcy attorney who has determined that the inheritance is exempt and cannot be taken by the Trustee for the benefit of your creditors.

1 Answer | Asked in Bankruptcy for California on
Q: Is it legal for a debtor who submitted assets in a bankruptcy try to collect from a creditor that was discharged?
Kathryn U. Tokarska
Kathryn U. Tokarska answered on Apr 10, 2013

This question is very confusing. Why would a debtor be trying to collect from a creditor? Why would a creditor receive a discharge? Debtor receives a discharge. Perhaps you meant to ask whether it is legal for a creditor to attempt to collect from a debtor on a debt that was discharged in... Read more »

1 Answer | Asked in Bankruptcy for California on
Q: I need to file for bankruptcy and have my credit cleared. Do I need an appointment or can I walk in?
Kathryn U. Tokarska
Kathryn U. Tokarska answered on Apr 10, 2013

Not sure I follow your question. Walk into where?

1 Answer | Asked in Bankruptcy for California on
Q: Can a creditor garnish my social security check after he sues'
Kathryn U. Tokarska
Kathryn U. Tokarska answered on Apr 10, 2013

Only certain types of creditors can go after the garnishment of social security checks, for example a creditor seeking payment for federal student loan(s). If this creditor is a credit card, the answer is no they cannot garnish the social security check. However, they can levy your bank account.... Read more »

1 Answer | Asked in Bankruptcy for California on
Q: Filed bankruptcy to avoid a foreclosure on my home, but the bankruptcy was not completed. It is on my credit report.
Kathryn U. Tokarska
Kathryn U. Tokarska answered on Apr 10, 2013

What is your question? I assume you are concerned that the bankruptcy is on your record, even though it did not complete. Unfortunately, the bankruptcy will remain on your credit report for 10 years, regardless if the bankruptcy case is successful. This is another good reason why consulting and... Read more »

1 Answer | Asked in Bankruptcy for California on
Q: Need to file Chptr 7 but hard pressed to pay court filing fees and attorney fees. Pro Bono services avail?
Kathryn U. Tokarska
Kathryn U. Tokarska answered on Apr 10, 2013

This depends on your local jurisdiction. For example, San Diego county does not provide bankruptcy representation in their pro-bono clinics or through legal aid servicing indigents. This somewhat makes sense only from the perspective that state and county resources are limited and choices must be... Read more »

1 Answer | Asked in Bankruptcy for California on
Q: Can a husband file bankruptcy in a divorce case to prevent the wife from getting alimony or property?
Kathryn U. Tokarska
Kathryn U. Tokarska answered on Apr 10, 2013

I can't think of how filing for bankruptcy would accomplish such goals. You can't file bankruptcy in a divorce case. Bankruptcy is a separate legal matter handled in the bankruptcy court, under federal court system. A debtor files the case with the Bankruptcy court. Family law matters... Read more »

1 Answer | Asked in Bankruptcy for California on
Q: I am in 30,000 debt with a loss in pay and not able to make payments. Should I try a DMP or file bankruptcy?
Kathryn U. Tokarska
Kathryn U. Tokarska answered on Apr 10, 2013

Without more facts it's impossible to answer this question. If a debt management program is manageable with some tweeking of your budget then certainty it may be worth a try. There is no minimum amount required as far as debt in order to file for bankruptcy protection. Whether filing... Read more »

2 Answers | Asked in Bankruptcy for Florida on
Q: If I do not owe the HOA do I have to include them on my chapter 7 bankruptcy?
Kathryn U. Tokarska
Kathryn U. Tokarska answered on Apr 10, 2013

You would not list them as a debt on schedules D or F unless there is a past due amount owing to them. But you should list the expense on Schedule J.

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