Get free answers to your Bankruptcy legal questions from lawyers in your area.
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 
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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
I’m a writer w/past success selling screenplays. Nothing got made and I’ve written nothing new in 10+ yrs.
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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
how long is the bankruptcy process how long does it take to be finalized.?
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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
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
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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
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
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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
I'm asking because I will have to file chapter 7 and the Minimum bankruptcy income is different with more family members.
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,... View More
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
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.
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
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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... View More
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... View More
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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... View More
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answered on Apr 5, 2023
In a corporate Chapter 7 liquidation, shareholders may not necessarily be listed or given notice. This is because, in a Chapter 7 bankruptcy, the assets of the corporation are liquidated to pay off creditors, and shareholders typically have no priority in the distribution of assets.... View More
I AM A VICTIM OF FRAUD
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answered on Mar 24, 2023
If you are a victim of fraud and your information was used to file a bankruptcy petition without your consent or signature, you may be able to request that the bankruptcy court dismiss the case. Here are the general steps you can take to file a motion for voluntary dismissal:
Obtain the... View More
i am member of an llc and i signed a personal guarantee on an Eidl loan. A member wants to take my stake in the company. Will an indemnification agreement between partys be an option?
Is that be an option or would that be voided by the SBA?
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answered on Mar 10, 2023
Generally, an EIDL loan is a loan that is made directly to a small business, and the loan is based on the creditworthiness of the business, not the individual partners or owners. However, it is possible that the loan agreement includes a personal guarantee, which means that the individual partners... View More
My husband passed away in September 2022 and he has a Whole Life Insurance Policy with NYL (of which I am the sole beneficiary) that has a collateral assignment on an SBA Loan from a business we closed and filed bankruptcy on in November 2017. My husband and I filed a corporate Chapter 13... View More
answered on Mar 10, 2023
No, it's a secured claim, they did not need to file a proof of claim, and it is not discharged in the bankruptcy. You should speak to an attorney (bankruptcy or debt relief) to determine whether perhaps the security interest was not properly perfected.
manifest injustice is created by Bankruptcy Court's dismissal . 15 people of the unsecured class and their $480,000 owed is completely wiped out. they appeal to the District Court in an emergency stay petition. denied by District Court. they appeal to 9thcircuit from which an order is issued... View More
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answered on Mar 9, 2023
Summary affirmation is an abbreviated form of appeal that is used when the appellate court determines that there are no genuine issues of material fact and that the law supports the lower court's decision. It is typically used when the appeal is frivolous, when the lower court decision is... View More
I filed for chapter 7 bankruptcy. The trustee abandoned my home back to me and declared my bk a no-asset case. The L.E.A., Local Enforcement Agency, then filed a non-dischargeability of debt claim pursuant to 11 U.S.C. §§ 523(a)(6) and 523(a)(7). The matter is currently under appeal before... View More
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answered on Mar 8, 2023
The question of whether a debt is dischargeable in bankruptcy can be complex and may depend on the specific facts and circumstances of the case, as well as the applicable law. Generally, debts arising from administrative proceedings, such as those before a regulatory agency, may be dischargeable in... View More
Looking to file a complaint against the Orange County Sheriff's department for violating my 4th amendment by executing an unlawful eviction while pending 341 Chapter 7 hearing ( ultimately granted ).
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answered on Mar 5, 2023
Here are some steps you can take to find an attorney with experience in these areas:
Research: Look up attorneys in your area who specialize in Civil Rights and/or FDCPA cases. You can check their websites, reviews, and case history to determine if they have experience with cases similar to... View More
The suit was for $9000 ten years ago and with interest it is now $13000. The process server never saw me. I cant
remember if they left any papers at my door. I called the law firm and the process server but got no reply. Does the Superior court hold records showing how the service was... View More
answered on Mar 1, 2023
Unfortunately, it is simply too late to complain. The court file will contain the records, so to satisfy your curiosity you can look at the affidavit of service to see what it says.
However, it is not too late to negotiate and perhaps settle it for a much lower amount. And, filing... View More
I believe someone has filed a bankruptcy in my name. It came up a few times on a few different background check sites. I’m in California.
answered on Feb 28, 2023
Go to pacer.uscourts.gov, create an account, and perform a search. Background check websites might just be picking up the name as affiliated with bankruptcy, or another person with the same name. Go to the official government website, Pacer, and search to find out. There may be other people with... View More
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