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California Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy and Consumer Law for California on
Q: I scheduled a payment on LoadDepot portal on October 14, 2024. The portal did not post the payment and reported late

This is the first late reported by mortgage company in my 30+ years as a home owner

And the late is result of payment portal issue. I did a google search for LoanDepot and search result below.

"On January 5,2024, customers began experiencing issues when trying to log in to the... View More

James L. Arrasmith
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answered on Nov 16, 2024

You have strong grounds to dispute this late payment report given LoanDepot's documented cyber incident and portal issues. The timing of your attempted payment on October 14, 2024, falls within the period when many customers experienced problems with their payment system.

Your perfect...
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3 Answers | Asked in Bankruptcy for California on
Q: My credit card debt cuts into the food budget. How do I know if I should join a consolidation program or file bankruptcy

My credit debt payments are cutting into the food budget and rent just went up again. I have not missed a single credit card payment. My total debt is $23,232.54 and my monthly income is between $2500 to $2900. I currently hold 2 part time, minimum wage jobs and am enrolled as a full time student... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Oct 3, 2024

I've had scores of bankruptcy clients who have voiced deep regrets about debt consolidation groups.

Only a federal bankruptcy court, not any state court and certainly no debt consolidation group can provide a legal discharge of debt.

And with certain limited exceptions, no...
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2 Answers | Asked in Bankruptcy for California on
Q: Our CA S corp has a $244k EIDL loan. Our business closed and we don’t have assets or inventory. Is Chapter 7 the answer?
Leon Bayer
Leon Bayer
answered on Oct 2, 2024

Bankruptcy could be helpful. But how do we know? The advice you get on a question-and-answer site is general, and never specific because no conversation is taking place. In response to a question like yours, I doubt you can get an answer that is actually helpful.

Go see a bankruptcy lawyer,...
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3 Answers | Asked in Bankruptcy and Real Estate Law for California on
Q: My house is in pre-foreclosure. What are our options?

We got a second mortgage from Specialized Loan Servicing (SLS) in 11/2006. Now our house is in pre-foreclosure by a company called Real Time Resolutions (RTR).

In 2011, my wife and I filed bankruptcy (Ch 7). After our bankruptcy, we thought that debt was discharged. We never received any... View More

James Clifton
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James Clifton
answered on Sep 30, 2024

You are not alone. Real Time Resolutions is currently holding many very old loans that are severely delinquent and is putting many unsuspecting homeowners into foreclosure.

Whenever there is a pending foreclosure, you have many options. You can request a loan modification, refinance the...
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2 Answers | Asked in Bankruptcy for California on
Q: Is there legal aid available for filing bankruptcy in Bakersfield
Timothy Denison
Timothy Denison
answered on Sep 25, 2024

Check with your local bar association or legal aid society. They maintain lists of pro Bono or reduced fee lawyers who may be able to help you.

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3 Answers | Asked in Bankruptcy for California on
Q: After bankruptcy my car was never repossessed. Last week the car was totaled. How can I get the $$ instead of the bank?
Theodore Allan Greene
Theodore Allan Greene
answered on Sep 23, 2024

I sure hope you had insurance. The creditor who you still owe money to should get the insurance proceeds. You can get money for your pain and suffering, lost wages etc.. Contact a good personal injury attorney right away if you were injured and go over your whole situation with them right away.

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3 Answers | Asked in Bankruptcy and Tax Law for California on
Q: I have $330k CDTFA tax debt on failed during COVID S Corp. Am I personally responsible?

My wife and I were 25% each and my sister 50% owner's and officer's. Couldn't afford business BK, filed personal CH 7. CDTFA is liening my home for the debt.

Jorge Alesna Jr.
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answered on Sep 19, 2024

You can be held liable for the tax debt, and it appears that the CDTFA may have already made a dual determination if they placed a lien on your house.

A dual determination holds a person liable for a tax obligation shared with another, here, the corporation.

Under Revenue and...
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2 Answers | Asked in Bankruptcy and Consumer Law for California on
Q: Co signed a car loan for someone want to sue small claim but other party has health problem would that affect outcome

I belive they have part time job but I'm willing to help pay half but party doesn't respond i gave his mail to his mom because it comes to my address under his name

Robert P. Taylor
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answered on Sep 19, 2024

If you lost money because you cosigned a car loan then yes, you can sue the other party and if they have some health issue(s) that caused them to default, that would not be a defense. Collecting any judgment against them might be the real challenge.

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1 Answer | Asked in Bankruptcy and Civil Rights for California on
Q: Chances of winning motion for sanctions against county for failing to follow Chapter 7 BK law, with verifiable damages?

There was a wage withholding in June/July, during which I attempted to prove an exemption but lost the motion. The day after, in July, filed for bankruptcy. The amount withheld was included in wildcard exemption, and the creditor released the withholding, advising the constable to release the... View More

James L. Arrasmith
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answered on Sep 13, 2024

In your situation, you have grounds to argue for sanctions against the county due to their failure to release the withheld wages, despite the bankruptcy filing and the provided evidence that the funds are exempt. When a debtor files for Chapter 7 bankruptcy, an automatic stay is typically placed on... View More

1 Answer | Asked in Bankruptcy, Banking and Business Law for California on
Q: When does corporate bankruptcy for a single member LLC risk personal bankruptcy or liability for the owner/member?

-California-based Delaware-LLC with an operating agreement.

-Income owed is not being paid, not sure what the delay is.

-Payment plan with B of A was created, but owner can no longer sustain payments without its customer remitting payment

-Unclear as to how creditor (i.e.... View More

James L. Arrasmith
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answered on Sep 11, 2024

When a single-member LLC faces bankruptcy, the owner’s personal liability typically remains protected under the "corporate veil," meaning personal assets are shielded from business debts. However, this protection can be compromised, or "pierced," if certain conditions are met.... View More

2 Answers | Asked in Bankruptcy and Real Estate Law for California on
Q: judgment awarded and lien on my property over 6 years can i still file a motion to vacate included in bankruptcy?

bankruptcy was filed during and/or after the filing of the lien was filed by creditor.

Leon Bayer
Leon Bayer
answered on Sep 7, 2024

You need a bankruptcy lawyer to look at the date of the judgment, the date of the lien, and the date the abstract of judgment was recorded. That is the only way for you to know what you might be able to do.

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2 Answers | Asked in Consumer Law and Bankruptcy for California on
Q: Can attorneys for credit card debt lien a house with a reverse mortgage?

Can they attach money received in reverse mortgage? We are seniors with considerable health conditions. The credit cards are my husbands. Can they go after my individual accounts? Thanks in advance!

Leon Bayer
Leon Bayer
answered on Aug 31, 2024

They can attach money you get from your mortgage as soon as you receive it. So instead of running away from the problem, why don't you solve it? Go see a bankruptcy lawyer immediately.

The lawyer will be able to advise you on whether your home will be protected in a BK, and if you are...
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1 Answer | Asked in Banking, Bankruptcy, Personal Injury and Civil Rights for California on
Q: How do I sew the court for litigation abuse syndrome regarding the PG&E Camp Fire Case?

I am a victim of the 2018 Camp Fire. Multiple times the court abused my civil rights. The judge refused to let speak on my behalf, lawyers voted for me with out being a client, bullied by the Tort lawyers, during litigation, and I was forced to represent my self because the lawyers refused to... View More

James L. Arrasmith
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answered on Jul 28, 2024

I'm really sorry to hear about your experiences with the PG&E Camp Fire litigation. Under California law, you have the right to file a complaint if you believe your civil rights were violated during the legal process. To start, you'll need to document all instances of perceived abuse... View More

1 Answer | Asked in Bankruptcy, Consumer Law, Contracts and Construction Law for California on
Q: So my vehicle's been in the private tow company tow yard since March 1st it's release but I don't have the money to pay

So my vehicle's been in the private tow company tow yard since March 1st it's release but I don't have the money to pay for it to charge me $8,000 to get it released however I found the paperwork that states it was released on the 15th of March so that is 15 days in and pound instead... View More

James L. Arrasmith
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answered on Jul 18, 2024

It sounds like you’re in a tough spot with your vehicle being held for such a long time and the fees adding up. First, gather all your paperwork, especially the document that states your vehicle was released on March 15th. This will be crucial evidence for your case.

You can file a claim...
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1 Answer | Asked in Bankruptcy, Business Law and Civil Litigation for California on
Q: Someone was buying my business. They owed me $85,000. Did bankruptcy. Why do they get to keep my business and make money

It seems to me that if you possess any asset without paying for it that is theft. Why were they allowed to keep the business and make money at it.? It is not their only source of income. Besides, it is not their business. If you are buying a car and fail to pay for it, it get repossessed. Why do... View More

James L. Arrasmith
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answered on Jul 18, 2024

It sounds like you're facing a frustrating situation. In bankruptcy proceedings, assets and debts are handled according to specific laws. When someone files for bankruptcy, their debts can be discharged, meaning they are no longer legally required to pay them. However, this doesn't... View More

1 Answer | Asked in Bankruptcy for California on
Q: Who can help me complete chapter 7 bankruptcy forms near Del Norte county?
James L. Arrasmith
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answered on Jun 30, 2024

To answer this question about completing Chapter 7 bankruptcy forms near Del Norte County, California, I can provide some general guidance:

1. Bankruptcy attorneys: The most reliable option is to consult a local bankruptcy attorney. They can provide expert guidance and help complete the...
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1 Answer | Asked in Bankruptcy for California on
Q: Can I file motion from relief of stay from Chapter 7 bankruptcy to foreclose on property since my loan is secured?

I have a secured loan and the debtor filed chapter 7 bankruptcy and it has been discharged but two people have filed adversary proceedings.

James L. Arrasmith
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answered on Jun 29, 2024

To address your question, let's break down the key points and considerations:

1. Secured loan: You have a valid secured loan on the property.

2. Chapter 7 bankruptcy: The debtor has filed for Chapter 7 bankruptcy, which has been discharged.

3. Automatic stay: The...
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1 Answer | Asked in Bankruptcy and Employment Law for California on
Q: Forms to respond to a Trustee's First and Final Application to approve Chapter 7 compensation to Trustee's Counsel.

My employer owes me over $300,000 for back wages. I won this lawsuit with the Labor Department in California. My employer filed for Chapter 7 and the Trustee didn't take into consideration all the assets my employer has and settled for $140,000 of which he will be collecting over $48,000 for... View More

James L. Arrasmith
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answered on Jun 27, 2024

I understand you're in a difficult situation regarding your employer's Chapter 7 bankruptcy and the Trustee's handling of your wage claim. Here's some guidance on how to respond:

1. Forms to use:

The primary form you'll likely need is:

- Form B210A:...
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1 Answer | Asked in Bankruptcy and Employment Law for California on
Q: Forms to respond to a Trustee's First and Final Application to approve Chapter 7 compensation to Trustee's Counsel.

My employer owes me over $300,000 for back wages. I won this lawsuit with the Labor Department in California. My employer filed for Chapter 7 and the Trustee didn't take into consideration all the assets my employer has and settled for $140,000 of which he will be collecting over $48,000 for... View More

James L. Arrasmith
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answered on Jun 27, 2024

I understand you're in a difficult situation regarding your employer's Chapter 7 bankruptcy and the Trustee's handling of your wage claim. Here's some guidance on how you might proceed:

1. Forms to respond:

There isn't a specific standardized form for...
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1 Answer | Asked in Bankruptcy, Contracts and Business Law for California on
Q: Trying to figure out if a lawsuit is forth to try and fight against or file bankruptcy.

My company is being sued by ex-contractor for an alleged debt. The debt is over stock that's been overproduced and delivered late which they initially begged us to keep the goods with no payment and pay when it sells. While we paid part of the total, at some point they decided we can't... View More

James L. Arrasmith
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answered on Jun 20, 2024

Thank you for sharing your situation. Based on the information provided, here's an overview of your options and some factors to consider:

1. Evaluating the lawsuit:

- Review the contract terms with the ex-contractor

- Assess the evidence supporting your position (e.g.,...
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