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Questions Answered by Cynthia Jean Nelson

1 Answer | Asked in Bankruptcy for California on

Q: HOW MUCH DOES IT COST APPROX FOR A MARRIED COUPLE TO FILE CHAPTER 7

Cynthia Jean Nelson answered on Jun 29, 2012

Different lawyers charge different fees. A Chapter 7 should cost more for a small business owner or if there are tax debts. A Chapter 7 should cost somewhat less if there is no small business, if there are no tax debts.

Many attorneys give free consultations and will give you a quote when...
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1 Answer | Asked in Bankruptcy for California on

Q: Once I file bankruptcy documents with the court how soon before those records are made public?

Cynthia Jean Nelson answered on Jun 29, 2012

The documents are public when they are filed, except for your social security number.

1 Answer | Asked in Bankruptcy for California on

Q: Can a creditor file an adversary proceeding based on malicious and wrongful conduct in a chapter 13 bankruptcy?

Cynthia Jean Nelson answered on Jun 29, 2012

Yes. If you don't have a lawyer you should get one as soon as possible.

1 Answer | Asked in Bankruptcy for California on

Q: How much money am I allowed to have in my bank account if I file a bankruptcy in California?

Cynthia Jean Nelson answered on Jun 29, 2012

The exemption that is usually used for money in bankruptcy in California is called the Wild Card Exemption. You can use more of it on a bank account or less depending on what else you are trying to protect.

Exemption planning for cars, for houses, for bank accounts is complicated. For the...
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1 Answer | Asked in Bankruptcy for California on

Q: What is the difference between chapter 7 and chapter 11 bankruptcy?

Cynthia Jean Nelson answered on Jun 29, 2012

Chapter 7 is a liquidation and Chapter 11 is a reorganization. Chapter 13 is also a reorganization.

In Chapter 7, you can only keep what you can exempt under California law. The non exempt property if any will be sold to pay debts.

In Chapter 11 and Chapter 13, you propose a payment...
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1 Answer | Asked in Bankruptcy for California on

Q: I am a low income senior with approx 10,000 credit card dept,can afford to pay should I file chapter 7,11 or what

Cynthia Jean Nelson answered on Jun 29, 2012

You should talk with a lawyer. Many bankruptcy lawyers have free consultations. Chapter 11 is not what you want. It is for large businesses or people with very large income or very large debts.

Because you are a low income senior, you might not have to file for bankruptcy at all. First find...
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1 Answer | Asked in Bankruptcy for California on

Q: Do I need a lawyer to reprt My step father for lying on his bankruptcy with a pending lawsuit in another state he has?

Cynthia Jean Nelson answered on Jun 29, 2012

No. Call the trustee assigned to his case, or the United States Trustee's office through the Department of Justice with the Federal government.

1 Answer | Asked in Bankruptcy for California on

Q: Is it appropriate to write a letter to the judge in a bankruptcy court case when you are one of the creditors?

Cynthia Jean Nelson answered on Oct 24, 2011

As a creditor, you need to file a proof of claim. You have the right to examine the debtor at the 341 hearing. You can request a further questioning of the debtor, called a 2004 examination.

If you want to sue to prevent either this debt or this debtor from being discharged in bankruptcy,...
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1 Answer | Asked in Bankruptcy for California on

Q: What form is used to motion for dismissal of bancruptcy Chapter 7 in CA?

I am representing myself (pro se). It is very important that I get this bankruptcy withdrawn so that it will not go on my record.

Cynthia Jean Nelson answered on Sep 3, 2011

It is not easy to get a Chapter 7 bankruptcy dismissed after it is filed. Chapter 13 filers have a legal right to change their mind and dismiss their case. Chapter 7 filers do not have this right. There is no form for this. You have to submit a motion to the Court explaining why the case should be... Read more »

1 Answer | Asked in Bankruptcy for California on

Q: I am trying to find out if someone has filed for bankruptcy in California. how do i do that online?

Cynthia Jean Nelson answered on Sep 3, 2011

That information is available on a government database called PACER. If you have never used it before, you should go to a local bankruptcy court and ask the clerk's office how to use it. Or you can go to a local county law library and ask the law librarian.

1 Answer | Asked in Bankruptcy for California on

Q: I had filed chapter 7 last year and was discharged. Can I file for chapter 13 this year?

Cynthia Jean Nelson answered on Aug 21, 2011

If you do, you won't get a discharge. There may be other reasons to file anyway, depending on your situation.

1 Answer | Asked in Bankruptcy for California on

Q: How long after receiving signed bankruptcy forms do I have to file it with the court?

I had bankruptcy forms prepared a while ago, and was wondering is there an expiration date to file them with the court?

Cynthia Jean Nelson answered on Aug 3, 2011

Be very careful with this.

When you file a bankruptcy, you are swearing, under oath, that the forms are accurate, truthful and complete. The information must be correct for the day you sign the papers and file the case.

Also, when you file a case without an attorney, you need to...
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1 Answer | Asked in Bankruptcy for California on

Q: How do I object to a transfer of claim in bankrupty court? We did not authorize transfer. Special form/format?

Cynthia Jean Nelson answered on Aug 3, 2011

Most rights to payment may be freely transfered. If you are the debtor, you don't usually have the right to reverse or prevent a transfer of a claim.

1 Answer | Asked in Bankruptcy for California on

Q: Can file a statement of intentions in a chapter 7 bankruptcy to maintain a residence to finish a short sale after filing

The short sale began before the bancruptcy filing in california

Cynthia Jean Nelson answered on Aug 3, 2011

If you are not represented by a lawyer, you will need to ask the trustee asigned to your case what needs to be done to get the trustee to formally abandon the residence as an asset in your case.

1 Answer | Asked in Bankruptcy for California on

Q: Have a wage garnishment, work only 3 days a week. im now short for my rent, utility, car pmt. how can i file to reduce

Cynthia Jean Nelson answered on Aug 3, 2011

A bankruptcy attorney can advise you how best to handle a wage garnishment. Most bankruptcy attorneys offer free consultations. www.nacba.org offers a list of local attorneys.

1 Answer | Asked in Bankruptcy for California on

Q: Can I file for bankruptcy and keep my vehicle (worth $4,000)?

Cynthia Jean Nelson answered on Jul 16, 2011

You are asking a question about exemptions. In order to keep your car in a Chapter 7, you have to exempt it. If you don't exempt it, it can be taken and sold to pay debts. This is a good question to take to a lawyer in person. The answer depends on both the dollar value and the kinds of things you... Read more »

1 Answer | Asked in Bankruptcy for California on

Q: A business owing me 30000 dollars when bankrupt on me.what can I do.

Cynthia Jean Nelson answered on Jul 4, 2011

You can file a proof of claim in the bankruptcy so that you receive a proportional distribution of the funds the court finds available to distribute. You can follow the progress in the case so that if it fails and a discharge is denied you can sue to collect your money. You can read the schedules... Read more »

2 Answers | Asked in Bankruptcy for California on

Q: Can I change a Chapter 13 to a chapter 7 and still keep my car that is worth far less than the payments I am making?

Cynthia Jean Nelson answered on Jun 23, 2011

If you want to keep your car and transfer to a 7, you need to speak to an attorney in person about how to do that.

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1 Answer | Asked in Bankruptcy for California on

Q: I have a $30,000 garnishment that is not mine. how do i fight this

Cynthia Jean Nelson answered on Jun 23, 2011

Find a consumer attorney, one who files cases based on the Fair Debt Collection Practices Act. If you're in the Bay Area, I might be able to help you.

1 Answer | Asked in Bankruptcy for California on

Q: Do I need a Bankruptcy Lawyer to file?

Cynthia Jean Nelson answered on Jun 23, 2011

There are serious risks to filing without a bankruptcy attorney. Some people do it. Results can include losing property, like a car, that an attorney would have known how to protect. It is almost impossible to file a 13 that will be confirmed without an attorney. 7's are more straightforward in... Read more »

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