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California Bankruptcy Questions & Answers
1 Answer | Asked in Consumer Law and Bankruptcy for California on
Q: I have a question regarding a judgement against a dealership

I bought a car off the lot and the car dealership failed to give me my title and proper registration. Fast forward I took them to court and they appealed it I won't the appeal car not eligible in the state of California title I'm Indiana we tried multiple times to get the title with a DMV... View More

James L. Arrasmith
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answered on Nov 12, 2023

Under California law, if a court has ordered the dealership to refund your money and they have declared bankruptcy, the responsibility may shift depending on the type of bankruptcy filed. If they filed for Chapter 7 bankruptcy, their assets are liquidated to pay off creditors, which might include... View More

3 Answers | Asked in Bankruptcy for California on
Q: Good afternoon. Is it possible to legally remove yourself from a trust?
T. Augustus Claus
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answered on Nov 7, 2023

Yes, it is possible to remove yourself from a trust in California legally. There are two main ways to do this

Termination of the trust: If all of the trust's beneficiaries have agreed to terminate the trust, the trustee can terminate the trust and distribute the assets to the...
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1 Answer | Asked in Bankruptcy and Landlord - Tenant for California on
Q: Understanding a judgement letter, how long do I have before the sheriff's put a notice on the door?

I filed for bankruptcy chapter 7, got approved now waiting the 6 mo for discharge (10,000 back rent will be discharged). I had my 1st trial for the Eviction Unlawful Detainer, I got a Judgement letter that stated I have to pay a certain amount by 11/7/23. I'm going through a hardship so I... View More

James L. Arrasmith
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answered on Nov 7, 2023

In California, once a judgment for possession is entered in an unlawful detainer case, the sheriff can enforce the lockout. However, if your judgment letter states "No Lock Out before December 10th, 2023," then typically, the sheriff would not perform the lockout until after that date. It... View More

3 Answers | Asked in Bankruptcy, Divorce, Employment Law and Family Law for California on
Q: help bufrication I need attorney help advise and documents fl 300

advice, overview, edit Petition Writ Mandate ,Evidence o App( not sure if on appeal Trial Court have Jurisdiction or Appelate. or not or. both ) and / or nee help advise on proceed bifurcation vs go to Jury Trial ,

Judge was to sever my claims from other tenants Trial 11.27.23... View More

James L. Arrasmith
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answered on Nov 6, 2023

Under California law, bifurcation in a civil case allows for one or more issues to be separated from the others and tried separately, often to expedite a certain part of the case or when the issues are distinct enough to warrant individual attention. In family law, this often means that the marital... View More

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4 Answers | Asked in Contracts and Bankruptcy for California on
Q: We bought a home 2 years ago that had 9 years left on a solar lease with American Solar Direct. Can we get out?

Our panels generate enough power to run our refrigerator and our electric bills are through the roof. ASD went bankrupt years ago. Can I get out of this lease and have a new company take over?

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Nov 1, 2023

A quick search tells me that ASD went out of business and filed a Ch. 7 (liquidation) bankruptcy.

A debtor in bankruptcy, and/or his creditors and contractors, has a limited (two months) to choose whether to assume any executory contract or to reject it. You are far beyond that deadline,...
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3 Answers | Asked in Bankruptcy and Collections for California on
Q: I’m considering a voluntary repossession of my car? What could happen if I do?

I’m unable to afford the car payment in addition to all my other personal and credit card loans. If I sell/trade my car, I would have about $15,000 negative equity.

James L. Arrasmith
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answered on Oct 22, 2023

In California, if you choose a voluntary repossession, the lender can sell the car, often at an auction. If the sale price doesn't cover the amount you owe, you'll still be responsible for the deficiency, which in your case might increase given the $15,000 negative equity. Lenders can... View More

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3 Answers | Asked in Bankruptcy for California on
Q: Is my BK endangered by my roommate sister adding a cousin to her credit card that lives elsewhere? He received cc here

She said his actual residence address was listed in her authorization user process and not at my condo. I'm worried this will be a wrench in process that's waiting for a ruling. I'm in California by the way

James L. Arrasmith
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answered on Oct 20, 2023

Under California law, adding an authorized user to a credit card does not automatically link the primary account holder's address to the authorized user's credit history or vice versa. The credit card issuer generally asks for the authorized user's address for mailing purposes, but... View More

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3 Answers | Asked in Banking, Bankruptcy, Divorce and Family Law for California on
Q: court ordered payments and bankruptcy in california

If the court orders my ex to pay me past due child support (already court ordered), past due unreimbursed medical and dental (already court ordered), sanctions, and lawyer fees...and then my ex goes and files for bankruptcy.....does the bankruptcy wipe out the money that would be due to me? That... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Oct 4, 2023

Under bankruptcy laws, most non-secured debt may be eliminated if you file Chapter 7; child support is the exception to that rule. Whether you are behind one payment, or a full year's payment makes no difference, child support payments must continue even if you file for bankruptcy protection.... View More

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3 Answers | Asked in Bankruptcy for California on
Q: Should I bother paying off credit card debt ? Or should I just default?
James L. Arrasmith
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answered on Oct 10, 2023

In California, if you default on your credit card debt, there are several potential consequences. Firstly, the credit card company may initiate collections actions against you, which could include incessant calls and letters. If the debt remains unpaid, the creditor might decide to file a lawsuit... View More

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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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