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Questions Answered by Cynthia Jean Nelson
1 Answer | Asked in Bankruptcy for California on
Q: Trying to close an escrow-owner Bk'd a yr ago and included a 2nd TD---but it isn't off title--need "avoidance of lien" ?
Cynthia Jean Nelson
Cynthia Jean Nelson answered on Jun 23, 2011

The Owner/ Seller needs to check with a bankruptcy attorney, in person with all the specific paperwork related to the property. If the lien was avoided or stripped off, than there is litigation to get the lien off the title. If it wasn't at the time, than the seller needs to find out whether it is... Read more »

1 Answer | Asked in Bankruptcy for California on
Q: Is it possible to undo a payment made to an insider within the last 12 months before filing?

The statement of financial affairs, question 3c, asks for a list of all payments made to an insider creditor within the last 12 months. Is it possible to simply have the money returned to me, add it to my assets, which are exempt, and then add the creditor to my schedule F?

Cynthia Jean Nelson
Cynthia Jean Nelson answered on Jun 7, 2011

This question really needs a competent attorney to answer it in person. The short answer is no. The longer answer is something else may be possible depending on your situation.

1 Answer | Asked in Bankruptcy for California on
Q: Are bankruptcy records public infromation?
Cynthia Jean Nelson
Cynthia Jean Nelson answered on Jun 7, 2011

The bankruptcy filing is public information and can be found by going to the court and looking up the case. The social security number of the person filing is protected for privacy reasons. Occasionally something else will be protected through an order of the court.

1 Answer | Asked in Bankruptcy for California on
Q: How do I add a creditor to a chapter 7 bankruptcy in central district of ca?
Cynthia Jean Nelson
Cynthia Jean Nelson answered on May 11, 2011

If the case is still open, you can amend your creditor list and your schedules, pay a filing fee and get the creditor listed. You will have to send notice to the creditor of the bankruptcy. If the case is already closed, the court might grant permission to reopen the case. You would have to ask the... Read more »

1 Answer | Asked in Bankruptcy for California on
Q: If a debtor in bank. court admits to committing theft by misrepresentation, fraud, etc., can he still be charged/crime?

I am a creditor in a bankruptcy hearing. The debtor was found to have committed fraud by embezzlement, and the judge did not allow full discharge. Can I still file a complaint with the DA's Office regarding the crimes committed, where the debtor admitted to theft by misrepresentation, selling... Read more »

Cynthia Jean Nelson
Cynthia Jean Nelson answered on May 5, 2011

Yes, and I would also contact the department of Justice and the the office of the U.S. Trustee. If you are the one injured by the embezzlement, you may also be able to take that court finding of embezzlement and use it as solid evidence in a private lawsuit against them.

1 Answer | Asked in Bankruptcy for California on
Q: I filed a bankruotcy case last 01/12/2011. I'm property owner but, it is not equity and I'm trying to get a loan

Modification even my payments the payments are current. Last week I have received a Notice of Motion and Motion for relief from automatic stay. It says that I don't have to go to the court, but it is confuse i don't know if the lender wants I move the property from the bk, or they want that I got... Read more »

Cynthia Jean Nelson
Cynthia Jean Nelson answered on May 5, 2011

Filing a bankruptcy is serious business. Doing a bankruptcy without an attorney's help is very risky, depending on your situation. I don't know what city you are in, but I would go to the website for the National Association of Consumer Bankruptcy Attorneys, find a local attorney, take your papers... Read more »

1 Answer | Asked in Bankruptcy for California on
Q: A 2nd party has bought my debt for pennies on dollar and are now pursuing me. I have no job or bank acct. should I hide?
Cynthia Jean Nelson
Cynthia Jean Nelson answered on Apr 4, 2011

You may have legal defenses and even a right to sue for harassment under the Fair Debt Collections Practices Act. These law suits are usually filed for free by attorneys because if you win, the attorney gets paid by the debt collector.

Bankruptcy attorneys often offer free consultations. In...
Read more »

1 Answer | Asked in Bankruptcy for California on
Q: I would like to file for bankruptcy. Would my IRA be taken?

The IRA is in land which would have to be sold. The land must be sold as one piece which equals more than my debts. I don't want to have to sell the land.

Cynthia Jean Nelson
Cynthia Jean Nelson answered on Apr 4, 2011

If it is a valid IRA, then it should be exempt in the bankruptcy. That means that if the petition is filled out properly and the exemption is taken correctly, then bankruptcy law says that the IRA should be safe. Sometimes people lose assets that should be safe if the bankruptcy is done carelessly,... Read more »

1 Answer | Asked in Bankruptcy for California on
Q: How do i get paid for services fromn a company that went bankrupt?
Cynthia Jean Nelson
Cynthia Jean Nelson answered on Apr 4, 2011

To get paid anything, you have to file a proof of claim form with the bankruptcy court. You have to file your claim within the correct time limits for that case. You can find a proof of claim form here.

http://www.uscourts.gov/FormsAndFees/Forms/BankruptcyForms.aspx

1 Answer | Asked in Bankruptcy for California on
Q: I live in AZ. I am looking to get info on a bankruptcy and a divorce filed by a person in CA (near LA) How can I get it?
Cynthia Jean Nelson
Cynthia Jean Nelson answered on Apr 4, 2011

For the bankruptcy, you can go to the federal bankruptcy database called PACER. It is available free to the public in the clerk's office at Federal Courts, or you can get your own account here. https://www.pacer.gov/psco/cgi-bin/regform.pl

Or, you could ask a local bankruptcy attorney....
Read more »

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