Get free answers to your Bankruptcy legal questions from lawyers in your area.
I have an abstract judgment against an individual who is recently divorced, and his ex-wife is declaring bankruptcy. The divorce was bifurcated, and the settlement is not complete yet. There are two properties that will be forced to sell. Although our judgment is first in line, it is an abstract... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 27, 2025
To attach your abstract judgment to the real properties, you must immediately record a certified Abstract of Judgment in every county where the properties are located. This process begins by completing Form EJ-001 (Abstract of Judgment, Civil and Small Claims) and filing it with the Superior Court... View More
I am currently in a Chapter 7 bankruptcy in Northern California and have child support arrears. I was ordered to pay $50 monthly, but the arrears interest is $350 a month. My child is now 24 years old, and I owe $70,000 in interest. Should I file to reduce the arrears now, or wait until the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 14, 2025
Bankruptcy will neither discharge nor reduce child support obligations.
I'm preparing to file Chapter 7 bankruptcy in California next month and discovered I'm still a joint owner of my 20-year-old son's bank account. I helped him set up the account when he was a minor, but he has lived independently since turning 18. I've contributed $4,000 to his... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 11, 2025
This is a smart question to ask before you file, especially since timing and intent can be closely examined in bankruptcy. Even though your son is the true owner of the funds, being a joint account holder can create the appearance that some or all of the money belongs to you. In Chapter 7, the... View More
I am a creditor who was not notified about an ongoing Chapter 11 bankruptcy case in California concerning the San Francisco Archbishop, related to a sexual abuse claim from my childhood. I discovered I'm not listed as a creditor in the bankruptcy schedules and filed a motion for a late claim,... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 31, 2025
In bankruptcy cases, debtors must provide adequate notice to all "known creditors," which typically requires direct mail notification to those whose identity and address are reasonably ascertainable. For the San Francisco Archbishop's bankruptcy proceeding, if the school maintained... View More
I am a creditor who was not notified about an ongoing Chapter 11 bankruptcy case in California concerning the San Francisco Archbishop, whom I intend to sue for sexual abuse experienced during my childhood. I discovered through my attorney that I am not listed as a creditor in the bankruptcy... View More
answered on Mar 31, 2025
If you didn’t receive proper notice and weren’t included, most likely the court will permit you to join the suit.
Given my current debt situation resulting from stock market losses, I want to know if I can transfer ownership of my home to my girlfriend and then proceed to file for bankruptcy. What legal or financial consequences might arise from this action?
answered on Mar 30, 2025
Any transfer within a year or three for less than "full consideration", i.e., fair market value, will be subject to scrutiny and probably rescission, and may be grounds for replacement of the debtor in a Chapter 13 case with a trustee. The bankruptcy laws in the US have been on the books... View More
I currently have a house under mortgage, and I bought it two years ago. I also own a tenant-occupied condo. I haven't missed any mortgage payments on either property, but I've experienced significant financial loss in the stock market. If I file for bankruptcy, will they take my house?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 31, 2025
When considering bankruptcy in California, your primary residence typically receives substantial protection through the state's homestead exemption laws. These laws protect a portion of your home equity—$300,000 to $600,000 depending on county median home prices. Since you've maintained... View More
In 1997, my stepmother, brother, and I were hit by a drunk driver in Galt, CA. Unfortunately, my stepmother and brother were killed, and although I survived, I've had to undergo several surgeries since the accident. My mother sued and was awarded damages, but the driver filed for bankruptcy,... View More
answered on Mar 10, 2025
That was 28 years ago. Any statute of limitation has long since expired. Your mother likely sued for wrongful death of your brother, and was likely awarded the policy limits of the drunk driver. Even if you were within the statute of limitations, there is likely no other money to collect. It is... View More
I am the executor/trustee of an estate and have inherited a home. However, I am considering filing for bankruptcy to clear my personal debt, which includes credit card and personal loan debts, unrelated to the estate or home. I am currently employed and have not previously filed for bankruptcy. Can... View More
answered on Feb 28, 2025
Eligibility for the different chapters of the Bankruptcy Code are in Section 109.
Here are two helpful sitess:
www.experian.com/blogs/ask-experian/what-are-the-requirements-for-bankruptcy/#:~:text=Chapter%207%20bankruptcy,?msockid=0b6ad8f42a4e6c3a3945cb8c2b676d4c... View More
I'm interested in acquiring the patent for a laundry product that was produced by a company that went bankrupt and closed its operations, last known to be in California. The company publicly announced its closure in 2020, and the customers that prepaid deposits for the initial runs were all... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 23, 2025
Let's help you navigate this complex situation with acquiring a patent from a defunct California company. The first step would be checking the USPTO (United States Patent and Trademark Office) database to locate the specific patent and verify its current status, as patents can expire, be... View More
I've been employed with a retail/pharmacy store for 9 years, which recently went through bankruptcy but emerged successfully. Despite this, the store began cutting hours and letting people go. As a union store employee, I was laid off a few days ago due to 'lack of hours,' according... View More
answered on Feb 23, 2025
First, you should apply for unemployment benefits.
Second, assuming you are an at will employee, it does not appear that you have any claim against your employer. Employers can terminate an at will employee for any reason or no reason, but not prohibited reasons such as hostility toward a... View More
I am facing financial hardship due to consuming credit card debt and my credit score is not sufficient to consolidate it. My employer offers only a hardship withdrawal as an option from my 401k, but my situation does not meet their hardship criteria. I am willing to pay the 10% penalty fee. My... View More
answered on Feb 21, 2025
I have a feeling that your situation probably does meet the hardship criteria, but that maybe you not using the right buzz words when you describe your situation to them. You probably just need some help in writing a better request.
I do think you need advice in-person from a bankruptcy... View More
After 27 months with Exeter Finance, I discovered that only $1,344 was applied to the principal out of $21,000 paid on my auto loan. Almost all payments went to interest. I've since defaulted, had the car repossessed, filed Chapter 13 to recover it, and after dismissal, it was repossessed... View More
answered on Mar 7, 2025
Sounds very sneaky and likely unlawful. Have a Lemon Law atty look at your paperwork asap.
My COBRA coverage was terminated retroactively, effective October 31, 2024, because my husband's employer, Fisker Automotive, went bankrupt. I was informed of this termination on December 2, 2024. I had paid premiums through November 30, 2024, which have not been refunded. I've incurred... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 19, 2025
I understand how distressing this situation must be, especially given the significant medical expenses you've incurred during this coverage gap. The retroactive termination of COBRA coverage following employer bankruptcy is generally not legal without proper advance notice under California law... View More
I filed for Chapter 7 bankruptcy in 2018 and am considering filing again due to financial issues, including my inability to afford my car loan. I haven't filed any other bankruptcies since 2018, nor have I attempted to negotiate my car loan terms. Currently, there are no legal actions or... View More
I have a question regarding my custody arrangement and pick-up responsibilities. Per our court order, I have joint legal and physical custody (50/50), with my scheduled pick-up time at 11:30 AM on non-school days and 3:00 PM on active school days.
However, my children’s mother frequently... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 8, 2025
Your concerns about these last-minute schedule changes are valid and understandable. When the court order specifies different pick-up times for school days versus non-school days, the schedule should typically follow the established school calendar, not impromptu decisions by either parent.... View More
What can I do ? I don’t want to lose my home and on top of it they have all my information and mortgage information including social security number. I filed a complaint with bankruptcy court but I have not heard back from them. I missed my creditor meeting because they said that they were going... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 27, 2025
I'm sorry to hear about what you're going through. It’s important to act quickly to protect yourself and your home. Since the people you paid are no longer reachable and have misled you, you may be dealing with fraud. Gather all the documentation you have, including emails, text... View More
Where can I find pro bono help in San Bernardino County
answered on Jan 30, 2025
Contact your local bar association or legal aid society for a list of pro bono lawyers.
in exchange for him to forgive my arrears I had from child support when we first separated. Once I had physical custody I filed for CS but he kept prolonging the hearing and he kept avoiding trying to pay so then I filed for Spousal support and was able to get his wages garnished. At that point he... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 16, 2025
A Marital Settlement Agreement (MSA) in California is a legally binding document that outlines the terms and conditions agreed upon by both spouses regarding the division of property, debts, spousal support, child custody, and child support during a divorce or separation. It is typically negotiated... View More
in exchange for him to forgive my arrears I had from child support when we first separated. Once I had physical custody I filed for CS but he kept prolonging the hearing and he kept avoiding trying to pay so then I filed for SP and was able to get his wages garnished. At that point he was willing... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 16, 2025
A Marital Settlement Agreement (MSA) in California is a written contract between divorcing spouses that outlines the division of assets, debts, child custody, spousal support, and other terms related to their separation. Once signed by both parties and approved by the court, the MSA becomes part of... View More
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
