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California Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy and Foreclosure for California on
Q: I am a victim of mortgage assist scam & pay them 4k and then told me to file a bk ch 13 and now hijacked multiple times

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

James L. Arrasmith
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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

3 Answers | Asked in Foreclosure, Bankruptcy and Identity Theft for California on
Q: Hi I am a victim of a mortgage scam who had me file a big chapter13 and it’s now being hijacked I need pro bono help

Where can I find pro bono help in San Bernardino County

Timothy Denison
Timothy Denison
answered on Jan 30, 2025

Contact your local bar association or legal aid society for a list of pro bono lawyers.

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2 Answers | Asked in Divorce, Bankruptcy and Family Law for California on
Q: As part of a Marital settlement agreement I agreed to send back half of my ex check every 2 wks from the spousal support

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

James R. Dickinson
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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

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2 Answers | Asked in Family Law, Bankruptcy and Divorce for California on
Q: Marital settlement agreement I agreed to pay my ex $400 every 2 wks from the spousal support that was being garnished

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

James R. Dickinson
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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

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1 Answer | Asked in Bankruptcy for California on
Q: I'm thinking about filling for bankruptcy but I would like to know what the negative impacts would be.

My credit card debts are about $30,000. I owe about $90,000 on a condo rental unit in Las Vegas. I live and rent in San Francisco. My rent is $4,000 and it's not easy to find anything cheaper.

I'm on a fixed income (social security). The rent I receive from the condo does not... View More

James L. Arrasmith
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answered on Jan 9, 2025

Bankruptcy is a significant decision that requires careful consideration of the impacts on your financial future. Filing Chapter 7 bankruptcy would likely discharge your credit card debt, but the condo situation is more complex - you'd need to decide whether to keep it and continue payments... View More

2 Answers | Asked in Bankruptcy and Civil Litigation for California on
Q: I filed chapter 13 bankruptcy to stop foreclose on my home, my ex filed to have the automatic stay lifted as a creditor?
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jan 9, 2025

Orders of a domestic relations (non-bankruptcy) court, and support and property division items therein, are often entitled to great weight by bankruptcy courts. The seeming key about divorce-court-created debt obligations seems to be whether any such payment is "support" or... View More

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2 Answers | Asked in Bankruptcy and Real Estate Law for California on
Q: 50K Line of credit "called due" in 3 months; I had defaulted loc; then put on title; how can I save home ?

50K Line of credit "called due" in 3 months; I originally had defaulted on it and they ended up just putting it on my home loan in my understanding was that whenever I sold the house or I died or whatever… That loan since it was attached to my house would be paid off at that time… It... View More

James Clifton
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James Clifton
answered on Jan 4, 2025

Whether it can be called due depends on the written terms of the line of credit. Typically, if it is a deed of trust, it will have terms that allow it to be called due or accelerated and foreclosed. There are many alternatives to foreclosure including a loan modification, bankruptcy, sale of the... View More

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1 Answer | Asked in Bankruptcy for California on
Q: Bankrupcy Wells Fargo bank had taken properties bank accounts and issue to some else I file bankrupcy in 1994 but never

Went to court so the bankrupcy never happen .since 1994 Wells Fargo bank and other s government intuition file a mortgage agreement but never went to court and never notify

James L. Arrasmith
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answered on Dec 28, 2024

This situation sounds very concerning, and I understand your frustration with Wells Fargo and the unresolved bankruptcy from 1994. It's important to know that if you filed for bankruptcy but didn't complete the court process, the bankruptcy was likely dismissed, meaning it didn't... View More

2 Answers | Asked in Bankruptcy for California on
Q: Do my car payments count towards lump sum payment required for redeeming car in bankruptcy? I’ve paid 8k, cars worth 4k
Robert P. Taylor
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answered on Dec 25, 2024

No. You can redeem it by paying the current value of the car at the time you file bankruptcy. Forget what you paid before. If when you filed bankruptcy you owed 4, 000 but the car was only worth 3,000, then you could redeem it for 3,000. If at the time you filed you owe $4,000 but the car was worth... View More

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3 Answers | Asked in Bankruptcy, Small Claims and Family Law for California on
Q: Bankruptcy and lawyer fees

I recently went through a divorce, and a family member was covering the cost of my attorney. However, I wasn't seeing any progress, and my family started to feel that the attorney was taking advantage of the situation by dragging things out to increase their fees. As a result, they stopped... View More

Timothy Denison
Timothy Denison
answered on Dec 23, 2024

Yes. You can.

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1 Answer | Asked in Bankruptcy and Consumer Law for California on
Q: State trial court order and judgment from extrinsic fraud on the court by officers of the court used by a BK Trustee?

A Chapter 7 Bankruptcy Court Trustee used a a state trial court default judgment and order (both secured through extrinsic fraud on the court by attorneys as officers of the court) against a party, to take a lawsuit away from that same party. If that aggrieved party uses CA Civ. Code §473 (and his... View More

James L. Arrasmith
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answered on Dec 12, 2024

If you can successfully prove extrinsic fraud under CCP §473(d) and get the state court judgment vacated, this could potentially impact the Bankruptcy Trustee's actions that relied on that judgment. The key principle here is that void judgments can be attacked at any time, and actions taken... View More

3 Answers | Asked in Bankruptcy for California on
Q: Do i need to attend a Case Management Conference from a lawsuit if I'm already filing for bankruptcy
Theodore Allan Greene
Theodore Allan Greene
answered on Dec 2, 2024

You need to let the Court know once you file your bankruptcy. The case then gets put on hold pending resolution of your bankruptcy. Make sure to let all current and potential creditors know that you have filed.

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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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Jorge Alesna Jr.
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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