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California Bankruptcy Questions & Answers
4 Answers | Asked in Bankruptcy for California on
Q: I am a low income senior who wants to file a no asset chapter 7 bankruptcy in San Diego,CA

I cannot afford a lawyer. Are there any resources other than the Law School that might be of help?

Martha Warriner Jarrett
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answered on Sep 20, 2023

There is a lot of information on your Bankruptcy Court's website (www.casb.uscourts.gov) including information for for the San Diego Bar Assoc. lawyer referrals (www.scdba.org). Their phone number is (800) 464-1529. On the Court's website, click on the Information tab, for Filing without... View More

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3 Answers | Asked in Bankruptcy, Foreclosure and Real Estate Law for California on
Q: 2nd mortgage is included in bankruptcy and now the 2nd mortgage is apparently in foreclosure.

My family did a bankruptcy (chpt 7) in 2016 and our 2nd mortgage was included in that. We got a notice that the 2nd mortgage/lien was in foreclourse and was being auction off. Apparently, it was sold. We have NOT recieved anything from the new owners of the 2nd mortage/lien. We are getting a lot of... View More

James L. Arrasmith
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answered on Sep 14, 2023

Under California law, if your 2nd mortgage was included in the bankruptcy and there is no record of it on your credit report, it's possible that the debt was discharged in the bankruptcy process. If you haven't received any communication from the new owners of the 2nd mortgage/lien and... View More

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4 Answers | Asked in Bankruptcy, Consumer Law and Contracts for California on
Q: Is there anyway I can keep my car?

I'm on SSDI, and having trouble paying my car payments (I got the car when I was still working).

I'm disabled and reley on my car for everything! Every/many reasons!

Robert P. Taylor
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answered on Aug 14, 2023

You can file bankruptcy and possibley keep the car, but you'll still have to pay for it. If you have other debts, filing a Chapter 7 bankruptcy may allow you to wipe them out, freeing more resources to make your car payment. Also, in a Chapter 7, you may be able to "redeem" your... View More

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4 Answers | Asked in Bankruptcy for California on
Q: I need assistance with chapter 7 bankruptcy.

My income is only SSDI, with critical pay is about $1,238.

My current rent is $775,plus about $300 back rent.

I have car payments of about 335, and about $400 storage back rent. Storage is normally $165.

I'm located in South Gate, CA.

James L. Arrasmith
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answered on Aug 13, 2023

Based on the information provided, it appears that Chapter 7 bankruptcy may be an option to consider given your financial situation. SSDI income is typically exempt from the bankruptcy means test in California, so that shouldn't be an obstacle. Consultation with an experienced bankruptcy... View More

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4 Answers | Asked in Bankruptcy for California on
Q: I filed for bankruptcy and my credit report shows my car loan people have a bankruptcy petition filed chapter 13

I filed for bankruptcy and it got dismissed but it’s still open since then I sent a letter to the judge asking to reopen it and I woke up and seen that my car loan people have since added the bankruptcy to my credit with 0 balance.Does that mean my bankruptcy is back in affect

James L. Arrasmith
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answered on Aug 5, 2023

I see how this situation can be confusing and distressing. The fact that your car loan shows a zero balance and reflects the bankruptcy filing on your credit report doesn't necessarily mean that your bankruptcy is back in effect. It's more likely a reporting reflection of the original... View More

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3 Answers | Asked in Bankruptcy, Consumer Law, Business Law and Collections for California on
Q: Unused subscription forgot to cancel, 5 months has been charged and unable to pay. What to do?

I stayed in Berlin for almost a year and subscribed to an accelerator. I flew to the US afterwards and completely forgot to cancel the membership. I was 4 months late in payment when I requested the cancellation, and they refused to cancel it immediately, saying their period for cancellation would... View More

Martha Warriner Jarrett
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answered on Aug 3, 2023

The amount at issue is not large enough to warrant filing bankruptcy. And it is probably not large enough for the creditor to bother suing you. If you are unable to reach a settlement, then it will likely be turned over to a collection agency. It will be a negative on your credit report so if that... View More

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3 Answers | Asked in Bankruptcy for California on
Q: Hi, How can I get probono bankruptcy help. I'm a senior citizen woman, who needs help. What's the 1st step?

I don't drive so driving to Fresno is not good. What documents do you need? And how long will this take? Can a person drive to my area?

Martha Warriner Jarrett
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answered on Jul 25, 2023

Start with your local Bankruptcy Court website. Most courts have free bankruptcy court clinics and you can call them for help. The website is uscourts.gov. Key in your zip code so you'll get info from the nearest court (Eastern District of California). There is a lot of info on the website... View More

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3 Answers | Asked in Bankruptcy and Contracts for California on
Q: Fake refund receipt

In 3 June I booked a flight ticket for 2 of my friends later we decided to change flights departing time and trip.com accepted our request after we pay 582$ for changing. But they wasn’t successful to confirm my change and I lost both flights. Later they said buy another ticket from another... View More

Yelena Gurevich
Yelena Gurevich
answered on Jul 24, 2023

There doesn’t appear to be a legal question so attorneys don’t know what you’re asking or how to advise you. I recommend you gather all your documents and consult with a litigation attorney that handles breach of contract cases.

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4 Answers | Asked in Bankruptcy, Consumer Law and Small Claims for California on
Q: Deadline for an out-of-court solution regarding your outstanding debt

I need assistance as I recently received an email stating, "Deadline for an out-of-court solution regarding your outstanding debt, and they will consider initiating legal dunning proceedings against you on 21.07.2023 at 12:00 pm."

To provide context, I subscribed to their service... View More

Martha Warriner Jarrett
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answered on Jul 20, 2023

A lot depends on the amount of money at stake and how much time, money and effort you are willing to spend to fight what is owed. If you do nothing, the company may or may not sue you. If you are sued, make sure you defend the lawsuit rather than letting a default judgment be entered against you.... View More

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3 Answers | Asked in Bankruptcy and Intellectual Property for California on
Q: In Ch7 Bankruptcy can a Creditor demand access to / claim my old unsold screenplays as an IP/asset to satisfy the debt?

I’m a writer w/past success selling screenplays. Nothing got made and I’ve written nothing new in 10+ yrs.

Martha Warriner Jarrett
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answered on Jul 13, 2023

When you file a chapter 7 bankruptcy, you are required to list all of your assets (including the screenplays that probably have no value) and list a market value, as well as all creditor claims (including pending litigation). Once you file, the litigation will be stayed and a chapter 7 trustee will... View More

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3 Answers | Asked in Bankruptcy for California on
Q: After bankruptcy is it had to build your credit to be able to buy a house or a car.?

how long is the bankruptcy process how long does it take to be finalized.?

Martha Warriner Jarrett
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answered on Jul 12, 2023

There are several variables that determine how long it will take to complete a bankruptcy case. Once you will file, the court will set a date for your 341(a) meeting with the trustee. That date is between 30 and 45 days from the date you file. Creditors have 90 days from that date to seek to bar... View More

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3 Answers | Asked in Bankruptcy for California on
Q: My bankruptcy was finalized 6 months ago. I was let go from my job 2 months ago and applied for unemployement until I

found a new job. EDD got back to me and said I had overpayements from 2019 and 2020 and owe $6k which I am appealing because I believe it is incorrect. But my question is, even if EDD is correct and they did overpay me, shouldn't that debt be discharged because my bankruptcy was finalized 6... View More

Martha Warriner Jarrett
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answered on Jun 21, 2023

Based on what you have said, I'm assuming that you did not list EDD as a creditor when you filed your bankruptcy. Start by advising EDD of the bankruptcy and telling them that you will ask the court to reopen your case so that you can list EDD as a creditor. That may make them go away. If it... View More

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2 Answers | Asked in Bankruptcy, Copyright, Criminal Law and Divorce for California on
Q: Where can I spend some time with CA USA senators? Today's off campus housing with University oc cidentael

Your honor do you need to see me tonight to discuss my future with uncle mark and Katie the ones I Was jogging with

One day

Timothy Denison
Timothy Denison
answered on Jun 13, 2023

What is your question?

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3 Answers | Asked in Bankruptcy for California on
Q: I am living with my boyfriend and he receive debt collectors letters and doesn’t pay, can they come after me ?
James L. Arrasmith
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answered on May 22, 2023

Generally, if you are not a joint account holder or co-signer on your boyfriend's debts, you are not legally responsible for his debts. Debt collectors typically cannot come after you personally for his debts unless you have a legal obligation to repay them. However, it is important to be... View More

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3 Answers | Asked in Bankruptcy for California on
Q: Is my unborn baby considered part of California's Median Family Income? Or does that start at birth?

I'm asking because I will have to file chapter 7 and the Minimum bankruptcy income is different with more family members.

Leon Bayer
Leon Bayer
answered on May 16, 2023

In California the prevailing policy is to determine household size by the number of "heads on pillows."

Hopefully it won't make any difference whether you count the baby. If it makes a difference, then wait to file, if possible, until after the baby is born. Or else file now,...
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2 Answers | Asked in Bankruptcy, Family Law, Real Estate Law and Banking for California on
Q: What type of lawyer do I consult to try and intervene with a family member's financials?

My sister in law (who's in her 30s) is being scammed. She's already given basically all her money into this "investment" and borrowed heavily, and she's still trying to borrow more money (trying to take out home equity loans against the houses she co-owns with friends). Can... View More

Timothy Denison
Timothy Denison
answered on May 6, 2023

Contact Adult Protective Services and report the scam. Also, check with some elder law attorneys in your area who may be able to help you.

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4 Answers | Asked in Bankruptcy for California on
Q: Bankruptcy Question - I have vast amounts of credit card debt that I need to file...but I am also a homeowner.

I'd like to know if the creditors (Citibank and Amex) can force me to sell my house. I don't believe so since I don't believe to have signed a securities agreement with either. I have credit card debt and personal loans with them.

Q2 - I have an LLC with a tax ID #...this... View More

Tristan Brown
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answered on Apr 20, 2023

There is not enough information provided to answer your three questions, but I can provide some general information.

1. Even if a borrower did not execute a security agreement with an unsecured creditor, the unsecured creditor may possibly obtain a civil judgment against the borrower which...
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4 Answers | Asked in Bankruptcy for California on
Q: What happen to a credit card debt and a auto loan with the same bank on a bankruptcy?
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Apr 13, 2023

You offer scant facts, e.g., value of car, balances of auto debt, credit card debt, what kind of credit card (Visa, etc.), what if any cross-collateral prohibitions there may be in the lender's agreements with the credit card issuers, etc.

Generally, an auto loan that was initiated...
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4 Answers | Asked in Bankruptcy for California on
Q: Just wondering i have 10k in credit card debt how do i file for chapter 7
James L. Arrasmith
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answered on Apr 12, 2023

As per California law, if you have $10,000 in credit card debt and are considering filing for Chapter 7 bankruptcy, there are certain steps you will need to take.

First, you will need to gather all of your financial documents, including bank statements, tax returns, and credit card...
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