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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?
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 
In 1997, my stepmother, brother, and I were hit by a drunk driver in Galt, CA. Unfortunately, my stepmother and brother were killed, and although I survived, I've had to undergo several surgeries since the accident. My mother sued and was awarded damages, but the driver filed for bankruptcy,... View More
answered on Mar 10, 2025
That was 28 years ago. Any statute of limitation has long since expired. Your mother likely sued for wrongful death of your brother, and was likely awarded the policy limits of the drunk driver. Even if you were within the statute of limitations, there is likely no other money to collect. It is... View More
I am the executor/trustee of an estate and have inherited a home. However, I am considering filing for bankruptcy to clear my personal debt, which includes credit card and personal loan debts, unrelated to the estate or home. I am currently employed and have not previously filed for bankruptcy. Can... View More
answered on Feb 28, 2025
Eligibility for the different chapters of the Bankruptcy Code are in Section 109.
Here are two helpful sitess:
www.experian.com/blogs/ask-experian/what-are-the-requirements-for-bankruptcy/#:~:text=Chapter%207%20bankruptcy,?msockid=0b6ad8f42a4e6c3a3945cb8c2b676d4c... View More
I've been employed with a retail/pharmacy store for 9 years, which recently went through bankruptcy but emerged successfully. Despite this, the store began cutting hours and letting people go. As a union store employee, I was laid off a few days ago due to 'lack of hours,' according... View More
answered on Feb 23, 2025
First, you should apply for unemployment benefits.
Second, assuming you are an at will employee, it does not appear that you have any claim against your employer. Employers can terminate an at will employee for any reason or no reason, but not prohibited reasons such as hostility toward a... View More
I am facing financial hardship due to consuming credit card debt and my credit score is not sufficient to consolidate it. My employer offers only a hardship withdrawal as an option from my 401k, but my situation does not meet their hardship criteria. I am willing to pay the 10% penalty fee. My... View More
answered on Feb 21, 2025
I have a feeling that your situation probably does meet the hardship criteria, but that maybe you not using the right buzz words when you describe your situation to them. You probably just need some help in writing a better request.
I do think you need advice in-person from a bankruptcy... View More
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
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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
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
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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
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
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
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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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
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
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... View More
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
answered on Sep 30, 2024
With certain exceptions under the Bankruptcy Code, which must be initiated by the debtor, perfected liens against your residence are not discharged.
You either should have known that much or asked your bankruptcy attorney in 2011 while your case was open.
Assignments of Mortgage... View More
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
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... View More
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.
answered on Sep 19, 2024
A person may be held personally liable for a business’ unpaid sales tax if the elements of California Revenue & Taxation Code (RTC) § 6829 and Regulation § 1702 are met. Section 6829 requires that the person subject to dual responsibility for the taxes is both a “responsible person” and... View More
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.
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... View More
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
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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
I have a secured loan and the debtor filed chapter 7 bankruptcy and it has been discharged but two people have filed adversary proceedings.
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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... View More
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
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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:... View More
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
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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... View More
My company is being sued by an ex-contractor for an alleged debt. We had no contract per se and the debt is for goods his factory custom made for us but were delivered late, at which point majority of our retailers cancelled and I didn't want to accept the shipment at all. Eventually I did... View More
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answered on Jun 21, 2024
This is a complex situation that involves several legal considerations. Here's a breakdown of the key issues and potential options:
1. Contract validity:
- Even without a formal written contract, your email communications may constitute a legally binding agreement.
-... View More
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