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California Bankruptcy Questions & Answers
3 Answers | Asked in Bankruptcy, Workers' Compensation, Public Benefits and Personal Injury for California on
Q: Can I submit a claim for workplace injury after company bankruptcy?

I was injured at my workplace while working full-time, and the company went bankrupt and closed on July 13, 2023. Although I mentioned my injury to a couple of supervisors at that time, I did not formally report it before the company closed. Recently, I discovered through an MRI that I have... View More

William John Light
William John Light
answered on Jun 15, 2025

You can because the employer's insurance company presumably isn't bankrupt. However, there are statute of limitations on filing the claim. You should immediately consult with a workers compensation attorney to see if you are still allowed to pursue your claim.

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1 Answer | Asked in Bankruptcy, Business Law, Real Estate Law and Arbitration / Mediation Law for California on
Q: Seeking real estate advice for second mortgage settlement negotiation.

I am trying to negotiate a settlement agreement with a second mortgage lender, Real Time Resolutions, but they are uncooperative and refuse my offers, even when I propose paying more than the original balance. The original lender GMAC went bankrupt in 2008, and Real Time Resolutions acquired the... View More

James L. Arrasmith
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answered on Jun 7, 2025

You might start by pulling a current title report and verifying whether the statute of limitations or any procedural missteps have weakened Real Time Resolutions’ claim. Nobody wants to file bankruptcy, so exploring whether they unintentionally let the lien lapse can be a powerful bargaining... View More

2 Answers | Asked in Landlord - Tenant, Bankruptcy, Civil Litigation and Real Estate Law for California on
Q: How to reverse sheriff lockout in California due to false bankruptcy dismissal information?

I'm seeking advice on how to reverse a sheriff lockout and reinstate a property to the tenant. The tenant has been locked out due to actions by a real estate agent and an attorney for the bank, who posted false bankruptcy dismissal information to justify the lockout. The court previously... View More

Timothy Denison
Timothy Denison
answered on Jun 6, 2025

File a motion with the court detailing the fraud by the real estate agent and the attorney. Lithe court can grant you relief fro. Their actions.

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2 Answers | Asked in Bankruptcy for California on
Q: How to file Chapter 7 bankruptcy without a lawyer in CA for credit card debt?

I am planning to file for Chapter 7 bankruptcy today to address my credit card debt. I am not using a lawyer and need guidance on which forms are specifically required for this process. Could you help me with details about the necessary paperwork and any steps I should take immediately?

Timothy Denison
Timothy Denison
answered on Jun 18, 2025

You can obtain the forms to file bankruptcy online. Be sure and list all debts and assets in your petition.

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3 Answers | Asked in Bankruptcy for California on
Q: How to handle household expenses claim in bankruptcy when paying all gas, water, and trash bills in a 3-person household?

I am trying to claim sole responsibility for household expenses for Chapter 7 or 13 bankruptcy purposes. There are three people in the household: me, my boyfriend, and his nephew, who does not contribute financially. I pay all gas, water, and trash bills monthly totaling $205, and contribute some... View More

David Luther Woodward
David Luther Woodward
answered on Jun 4, 2025

While I agree with the advice of my colleague, it is my position that Bankruptcy is not DIY. Find a good lawyer to walk you through. Bankruptcy lawyers understand the lack of money in their client.

Good Luck

d

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2 Answers | Asked in Personal Injury, Divorce, Bankruptcy, Business Law and Family Law for California on
Q: Can I recover my injury settlement money used without consent during marital dispute?

I received a settlement from a personal injury case for a slip and fall where I broke my wrist. Without my consent, my wife transferred all the money into my sister's account. After an argument, I left home, and subsequently, my wife announced that she wanted a divorce. She then cut off... View More

Timothy Denison
Timothy Denison
answered on Jun 3, 2025

Yes. You can recover your settlement proceeds through your divorce action.

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4 Answers | Asked in Bankruptcy for California on
Q: Cost of Chapter 7 bankruptcy for credit card debts.

I am considering filing for personal bankruptcy under Chapter 7 specifically to address credit card debts. How much should I expect the process to cost?

Iris V. Anderson
Iris V. Anderson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 2, 2025

Chapter 7 bankruptcy typically costs between $1,800 and $2,500 in attorney fees, depending on your location and case complexity. There is also a standard court filing fee of $338. This usually includes full representation and guidance through the process. You will need to take two required courses,... View More

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3 Answers | Asked in Bankruptcy, Tax Law, Civil Litigation, Probate and Real Estate Law for California on
Q: Can my unresolved debts affect my inheritance of real estate, a vehicle, and an IRA?

I am a beneficiary with unresolved debts, including unpaid income taxes and pending lawsuits. I am set to inherit real estate, a vehicle, and an IRA from my deceased uncle who lived in Pennsylvania, while I live in California. Can my outstanding debts affect this inheritance, and are there any... View More

Timothy Denison
Timothy Denison
answered on May 27, 2025

If they get judgments against you on any of the unpaid debts, they could execute on your potential inheritance.

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2 Answers | Asked in Banking, Bankruptcy and Tax Law for California on
Q: What are the legal risks of requesting Max GradPlus loans with a good salary?

I earn a good salary and am considering continuing to request the maximum GradPlus loans. What are the legal risks or consequences I might face by doing this, if any?

Maite L. Diaz
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answered on May 27, 2025

There’s no explicit legal risk in simply requesting and receiving the maximum GradPLUS loans, regardless of your salary. The GradPLUS loan program doesn’t have an income-based eligibility restriction, so as long as you meet the credit requirements and the school certifies your need, you can... View More

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2 Answers | Asked in Bankruptcy for California on
Q: May I amend my petition after court ruled an exempted asset was non-collectible, and use that value for another asset?

Ch. 7 petition we exempted portions of two major assets: $15,147.21 of a $20,000 outstanding divorce settlement obligation; and $18,000 of the land valued at $32,000. The court granted trustee’s motion for turnover of the value of the land over $18,000 but denied the motion as it related to the... View More

Timothy Denison
Timothy Denison
answered on May 27, 2025

Yes. You can amend.

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2 Answers | Asked in Bankruptcy, Collections and Small Claims for California on
Q: A guy own me money, I filed a lien on his business from California state website but don’t know how to collect it.

The judgment, it’s 10 years, he filed bankruptcy then include me as creditor. It’s difficult for me to file adverse proceeding, he hide and transfer assets in one year, I served him examination hearing at small claim court in vain.

Barry W. Kaufman
Barry W. Kaufman
answered on May 22, 2025

You cannot use small claims court to collect any part of what he owes you. This is all under the bankruptcy court. Be prepared for the very real possibility that you will not be paid; if the bankruptcy court discharges his debt to you, that's the end of the road for you. The End. There's... View More

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2 Answers | Asked in Bankruptcy and Business Law for California on
Q: How to file Pro Se bankruptcy for S Corp with $104,000 judgment in CA?

I am seeking guidance on filing Pro Se business bankruptcy for my S Corporation, which is facing a judgment debt of $104,000 in California. I have attempted to settle this debt, but the negotiations failed. I am considering filing in either Los Angeles or Orange County. Could you advise on how to... View More

Maite L. Diaz
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answered on May 27, 2025

Most bankruptcy attorneys offer flexible payment plans and sometimes even free consultations. I would call attorneys in your area for personalized advice. If after talking to them you realized you cannot afford representation, I recommend contacting your local legal aid office or state bar... View More

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3 Answers | Asked in Medical Malpractice, Bankruptcy and Personal Injury for California on
Q: How to pursue legal action for undisclosed surgical hardware?

I had a laminactomy discectomy and spinal fusion surgery on April 21-22, 2008. Recently, an X-ray revealed surgical pins and mesh in my lower lumbar, which were hidden from me and not documented in any of my medical records. I suffer from ongoing health issues, including UTIs, a heart condition... View More

Joel Gary Selik
Joel Gary Selik
answered on May 22, 2025

Your case is likely beyond the statute of limitations, even with the various saving provisions. Confirm with all your facts by consulting experienced malpractice attorneys.

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1 Answer | Asked in Bankruptcy and Tax Law for California on
Q: Resolve CDTFA penalties related to Clover system items amid Chapter 7 bankruptcy.

I am facing penalties related to deleted or removed items from our Clover system during a CDTFA audit. Although Clover support explained that these are not completed transactions, the auditor doesn't understand. Additionally, I filed for Chapter 7 bankruptcy before the audit was finalized, and... View More

James L. Arrasmith
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answered on May 13, 2025

Your situation involves two key issues: (1) the CDTFA's misunderstanding about deleted Clover system items, and (2) the impact of your Chapter 7 bankruptcy filing on these penalties.

Regarding the Clover system items, you have strong grounds for disputing the CDTFA's findings....
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1 Answer | Asked in Bankruptcy, Family Law, Real Estate Law and Civil Litigation for California on
Q: How to attach a first-in-line abstract judgment to real property before a bankruptcy hearing in California?

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

James L. Arrasmith
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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

3 Answers | Asked in Bankruptcy, Child Support and Family Law for California on
Q: Should I file to reduce child support arrears during Chapter 7 bankruptcy in CA?

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

Martha Warriner Jarrett
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answered on Apr 14, 2025

Bankruptcy will neither discharge nor reduce child support obligations.

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1 Answer | Asked in Bankruptcy and Banking for California on
Q: How to protect son's assets in bankruptcy given joint account and car sales?

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

James L. Arrasmith
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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

1 Answer | Asked in Bankruptcy and Civil Litigation for California on
Q: What are the notification requirements for creditors in a Chapter 11 case involving sexual abuse claims from the 70s?

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

James L. Arrasmith
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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

2 Answers | Asked in Bankruptcy, Civil Litigation and Personal Injury for California on
Q: Late claim motion in CA Chapter 11 bankruptcy for abuse lawsuit

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

Timothy Denison
Timothy Denison
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.

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3 Answers | Asked in Bankruptcy and Real Estate Law for California on
Q: Can I transfer my home to my girlfriend before filing for bankruptcy?

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?

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
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

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