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California Bankruptcy Questions & Answers
3 Answers | Asked in Bankruptcy for California on
Q: We filed Chapter 7 Bankruptcy in 2011 and our Lawyer did not file a motion to avoid a lien,is there anything we can do?

The property is exempt on the statement of intention.

James L. Arrasmith
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answered on Mar 14, 2024

While it can be challenging to address a lien that was not properly handled during a Chapter 7 bankruptcy case, there may still be options available to you, depending on the specific circumstances of your case. Here are a few potential avenues to explore:

1. Reopening the bankruptcy case:...
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3 Answers | Asked in Bankruptcy for California on
Q: We filed Chapter 7 Bankruptcy in 2011 and our Lawyer did not file a motion to avoid a lien,is there anything we can do?

The property is exempt on the statement of intention.

Leon Bayer
Leon Bayer
answered on Mar 15, 2024

You can expect to pay lawyer fees in the $3000 range for this work. Motions to reopen and to avoid a lien are routinely granted, provided you have sufficient evidence to demonstrate that the lien would have been avoidable during the original case.

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1 Answer | Asked in Bankruptcy and Real Estate Law for California on
Q: Do I need an attorney for a california real estate LLC bankruptcy?

My real estate LLC has been destroyed by years of family court divorce proceeding which have left the company unable to maneuver its holdings, operate, or pay it's high interest rate short term notes that are now all in default. Is an attorney reuired for an LLC bankruptcy and can I get rid of... View More

James L. Arrasmith
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answered on Feb 28, 2024

Navigating bankruptcy for a California real estate LLC can be complex and challenging, particularly when the company is entangled in difficulties such as those you've described. While you aren't legally required to have an attorney to file for bankruptcy, the intricacies of bankruptcy law... View More

1 Answer | Asked in Bankruptcy, Real Estate Law and Business Law for California on
Q: Is an attorney required in California for an llc bankruptcy to be completed

I have a California real estate llc with many debts and it’s not currently operational due to 3 years of ongoing divorce proceeding in San Diego, CA. Do I need an attorney for any type of llc bankruptcy and how much would it cost?

James L. Arrasmith
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answered on Feb 24, 2024

In California, while it's technically possible to file for bankruptcy on your own behalf, including for an LLC, navigating the complexities of bankruptcy law and proceedings usually requires professional legal assistance. This is especially true for businesses such as an LLC, where the... View More

2 Answers | Asked in Bankruptcy for California on
Q: I am currently in Chapter 13, which was filed 9 months ago. In the past 60 days, I defaulted on my cell phone bill.

I cannot afford to pay my past due balance of $1200 and the carrier has now sent me an email stating that if I don't pay the past due bill that they will refer me over to a debt collector. What are my options here? What will happen with my bankruptcy if this creditor sends me to collections?

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Feb 20, 2024

Your confirmed Plan is your first stop- does it read that you will pay, directly, specific debts? If so, and your cell bill is among those, then you have violated your confirmed Plan, and the bankruptcy Trustee my file to convert or dismiss your case. (You don't say whether you are current... View More

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2 Answers | Asked in Bankruptcy for California on
Q: I am currently in Chapter 13, which was filed 9 months ago. In the past 60 days, I defaulted on my cell phone bill.

I cannot afford to pay my past due balance of $1200 and the carrier has now sent me an email stating that if I don't pay the past due bill that they will refer me over to a debt collector. What are my options here? What will happen with my bankruptcy if this creditor sends me to collections?

James L. Arrasmith
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answered on Feb 20, 2024

Under Chapter 13 bankruptcy in California, you are on a court-approved plan to repay your debts over a period of three to five years. If you've defaulted on a new debt, like your cell phone bill, during this period, it's important to address the situation promptly to avoid complicating... View More

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2 Answers | Asked in Bankruptcy for California on
Q: How often can an LLC file for Chapter 11 Bankruptcy?

I am a creditor in an Chapter 11 LLC Bankruptcy. The BK was discharged about one year ago. It appears as though the LLC will not be able to meet its obligations under the plan. The manager of the LLC is threatening another bankruptcy. is this allowed?

Leon Bayer
Leon Bayer
answered on Feb 19, 2024

It is not very common, but it does happen. Obviously, a repeat filing will be a harder row for them to hoe than the first case.

I suggest you get legal representation now, before they pull the trigger. With good representation maybe you can get them to provide you with concessions to make...
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2 Answers | Asked in Bankruptcy for California on
Q: How often can an LLC file for Chapter 11 Bankruptcy?

I am a creditor in an Chapter 11 LLC Bankruptcy. The BK was discharged about one year ago. It appears as though the LLC will not be able to meet its obligations under the plan. The manager of the LLC is threatening another bankruptcy. is this allowed?

James L. Arrasmith
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answered on Feb 20, 2024

In the context of U.S. bankruptcy law, there are no strict limits on how frequently an LLC can file for Chapter 11 bankruptcy. However, the feasibility of filing another Chapter 11 case shortly after a discharge depends on various factors, including the specifics of the previous case and the... View More

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2 Answers | Asked in Bankruptcy and Employment Law for California on
Q: Filing a claim for unpaid wages. The company filed chapter 11 in the state of Delaware. I need more information.

is there a fee I can collect. Other vendors were paid for their services on the date of the job. In addition they lied for months saying payment was being processed, knowingly this was filed.

Cristina M. Lipan
Cristina M. Lipan
answered on Feb 12, 2024

You will need to file a proof of claim either with the Bankruptcy Court or with the claims agent, if there is one. It depends on the Chapter 11 case. If there is a claims agent, there will be a website with the information needed to file a claim. If not, then you will want to check the Court's... View More

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2 Answers | Asked in Bankruptcy and Employment Law for California on
Q: Filing a claim for unpaid wages. The company filed chapter 11 in the state of Delaware. I need more information.

is there a fee I can collect. Other vendors were paid for their services on the date of the job. In addition they lied for months saying payment was being processed, knowingly this was filed.

James L. Arrasmith
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answered on Feb 21, 2024

In this scenario, since the company has filed for Chapter 11 bankruptcy in Delaware, it means they are undergoing a reorganization process to restructure their debts and assets. As a creditor owed unpaid wages, you have the right to file a claim with the bankruptcy court. You should gather all... View More

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1 Answer | Asked in Bankruptcy for California on
Q: Legal consequences of being unable to pay a debt consolidation company

My 80 year old family member has a loan being managed by a debt consolidation company and another personal loan which she put her car up for collateral on. She declared Chapter 7 finalized 1/2021. What will happen due to her not being able to pay these loans back?

James L. Arrasmith
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answered on Jan 28, 2024

If your family member is unable to pay the loans managed by the debt consolidation company and the personal loan with her car as collateral, there are several potential consequences. It's crucial to understand that each loan might be treated differently based on the terms of the loan and the... View More

2 Answers | Asked in Bankruptcy for California on
Q: Can you file chapter 13 back to back without discharge but for a repayment plan
James L. Arrasmith
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answered on Jan 26, 2024

In the context of Chapter 13 bankruptcy, filing back-to-back without a discharge from the first case is a scenario that requires careful consideration under the law. Typically, you can file for Chapter 13 bankruptcy again after a previous filing, but there are specific time limits and conditions... View More

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3 Answers | Asked in Bankruptcy, Criminal Law and Constitutional Law for California on
Q: After a warrant is issued, is there a time window where they are supposed to get you in front of a judge.

I've had a warrant for over a year. And they've never once have attempted to come to my residence to arrest me

James L. Arrasmith
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answered on Jan 22, 2024

Under California law, once an arrest warrant is issued, there is no specific time frame within which law enforcement must execute the warrant and bring you before a judge. However, once you are arrested on the warrant, the law does require that you be brought before a court without unnecessary... View More

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3 Answers | Asked in Bankruptcy, Criminal Law and Constitutional Law for California on
Q: After a warrant is issued, is there a time window where they are supposed to get you in front of a judge.

I've had a warrant for over a year. And they've never once have attempted to come to my residence to arrest me

Robert P. Taylor
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answered on Jan 22, 2024

Since your question is under the bankruptcy category I'm going to assume you got a warrant for failing to appear ready judgment debtor exam. If that's the case they generally don't come get you. But the warrant remains outstanding and if you ever get pulled over for a ticket,... View More

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3 Answers | Asked in Bankruptcy for California on
Q: Filing ch 7 in California in a week current vehicle is inoperable should I get a car loan before filing?

Filing with husband our joint car loan is the car I use that’s inoperable I want to surrender that car and keep this new one. My credit is at 620 I already got approved for a zero down loan for a $18000 car

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jan 14, 2024

Whether you file a Ch. 7 or Ch. 13, you will not be able to modify/reduce the new car loan if you do it.

If you need the car for work or whatever, it's probably better to do it now than try after a bankruptcy filing (your credit score will drop to about 500, and every lender will...
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3 Answers | Asked in Bankruptcy for California on
Q: Filing ch 7 in California in a week current vehicle is inoperable should I get a car loan before filing?

Filing with husband our joint car loan is the car I use that’s inoperable I want to surrender that car and keep this new one. My credit is at 620 I already got approved for a zero down loan for a $18000 car

James L. Arrasmith
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answered on Jan 14, 2024

Hi there! Happy Sunday. Here are a few key points to consider regarding getting a car loan before filing for Chapter 7 bankruptcy in California:

- Taking out a new car loan shortly before filing bankruptcy may be considered fraudulent, as it incurs new debt with the intention of discharging...
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3 Answers | Asked in Bankruptcy for California on
Q: Filing ch 7 in California in a week current vehicle is inoperable should I get a car loan before filing?

Filing with husband our joint car loan is the car I use that’s inoperable I want to surrender that car and keep this new one. My credit is at 620 I already got approved for a zero down loan for a $18000 car

James L. Arrasmith
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answered on Jan 23, 2024

Deciding to take out a new car loan just before filing for Chapter 7 bankruptcy in California requires careful consideration. When you file for bankruptcy, your financial transactions leading up to the filing will be closely examined. Acquiring a new debt right before filing could raise concerns... View More

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4 Answers | Asked in Bankruptcy and Tax Law for California on
Q: Homestead laws and tax liens, can tax lien be done on homestead home/property?

Can bankruptcy remove liens and protect my home/property

Robert P. Taylor
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answered on Jan 11, 2024

Generally, you can remove a judgment lien in bankruptcy if it impairs your homestead exemption. Unless the lien results from a judgment, It generally can't be avoided in bankruptcy. For example, liens resulting from loans, tax liens, mechanics liens and other similar liens attached to the... View More

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4 Answers | Asked in Bankruptcy and Tax Law for California on
Q: Homestead laws and tax liens, can tax lien be done on homestead home/property?

Can bankruptcy remove liens and protect my home/property

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jan 11, 2024

There is an interplay between federal bankruptcy law and statutory provisions, and the law of the State about property rights. Generally speaking, current State law determines the nature of property interests of the debtor and creditors. Bankruptcy Code statutes (e.g., Sec. 506) appear to provide... View More

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4 Answers | Asked in Bankruptcy and Tax Law for California on
Q: Homestead laws and tax liens, can tax lien be done on homestead home/property?

Can bankruptcy remove liens and protect my home/property

James L. Arrasmith
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answered on Jan 12, 2024

Homestead laws, which vary by state, provide a degree of protection for a person's primary residence against certain types of creditors. However, these protections often do not extend to tax liens. If you have a tax lien on your home, homestead laws typically do not prevent the government from... View More

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