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California Bankruptcy Questions & Answers
1 Answer | Asked in Family Law, Bankruptcy and Divorce for California on
Q: I am a Grandmother I want to have visitation with my Grandchildren.Thier Mother doesn't let me or my Son see them

She is may be on drugs she is married to my son she has a boyfriend canmy son get help can I see my Granddaughters

Timothy Denison
Timothy Denison answered on Oct 16, 2019

Your rights are derived from your sons rights. You should have your son take her back to court for a parenting schedule and to enforce parenting time. Then you can see them during his parenting time.

4 Answers | Asked in Bankruptcy for California on
Q: Other than the $306 bankruptcy fee how much does an attorney charge in the Sacramento area to file a bankruptcy case?

The potential client is a 71 year old woman whose husband passed away on 9/6/19 and lives on a fixed income while taking care of her handicapped 42 year old son. She is now being inundated with creditor calls.

Ronald Holland
Ronald Holland answered on Oct 15, 2019

As I do, I think most attorneys will charge based on their experience, the complexity of the case and the circumstances of the potential client, including their income.

My standard fee for a chapter 7 filing is $1,650 plus the court filing fee of $335. This fee can be much higher for a...
Read more »

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2 Answers | Asked in Bankruptcy for California on
Q: I want to refi my house, am in ch 13. I know i need to get permission from the court but wish to file the forms myself.

I have the form for the refi, but do i need to also modify my plan? I dont pay my lender through the plan. Do i also need to file something to file these without an attorney?

Harlene Miller
Harlene Miller answered on Oct 1, 2019

If you don't have an attorney representing you in your Chapter 13 - I urge you to seek such assistance. The proposed refinance may impact your budget and therefore impact your plan which would require an amended plan. You may be able to meet with an attorney for advice about how to proceed -... Read more »

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3 Answers | Asked in Bankruptcy for California on
Q: My wife and I are legal residents of France and are fully health insured there. On a vacation trip to the USA my wife

suffered a stroke. Now the medical bills have been forwarded to collection agencies. I have sent all of them the contact information of our French medical insurances but they keep harassing us. What should I do?

Theodore Allan Greene
Theodore Allan Greene answered on Sep 24, 2019

You should send the bill to your French medical insurance company and ask if they cover such expenses.

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3 Answers | Asked in Bankruptcy for California on
Q: How can a senior citizen, in San Jose, CA....get free bankruptcy counsceiing?
Peter Maurice Lively
Peter Maurice Lively answered on Aug 28, 2019

If you don't receive any better options, then you could try contacting a local attorney member of the National Association of Consumer Bankruptcy Attorneys, using the find attorney feature at NACBA.org, and ask whether or not that attorney provides pro bono services directly or through association... Read more »

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6 Answers | Asked in Bankruptcy for California on
Q: I have some bad financial problems, I think. I am considering bankruptcy.

I have managed to get about 6 credit accounts back to a good, current status, but have about 7 getting worse everyday. Including two loans. They probably total about $25000 at the moment, and I am making about $700 a week and am not sure I can save everything. My credit has gone down to 500 and... Read more »

Bahram Madaen
Bahram Madaen answered on Aug 27, 2019

Sometimes, I advise my client to file bankruptcy since there is no other option. if you believe that there is no change in your situation, then bankruptcy is the right way to go. A chapter 7 bankruptcy will cost less than $1500 and will wipe all of your unsecured debts. Let me know if you need... Read more »

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4 Answers | Asked in Bankruptcy, Consumer Law, Foreclosure and Business Law for California on
Q: Sold gas station due to bankruptcy but lawyer may be taking advantage of a senior citizen. What to do?

My dad sold his gas station about a year ago (as it was in bankruptcy). He had to go through the court system to negotiate a deal with the buyer and was asked to pay a portion of the funds to lenders to pay off debt owed. He would still be left over with a good amount of money (close to $70k+). To... Read more »

Bahram Madaen
Bahram Madaen answered on Aug 26, 2019

Please contact the State Bar and file a complaint.

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2 Answers | Asked in Bankruptcy for California on
Q: I am currently in school, with a student loan that I have deferred payment on until after I graduate in 2020.

In the meantime, I am now going through a divorce, which has pushed me deep into debt and I am now considering bankcruptcy. I would however like to keep my student loans so that I can finish school. Will the student loan company drop me if I was already approved and I'm in the middle of school? Or... Read more »

Aaron Michael Lloyd
Aaron Michael Lloyd answered on Aug 23, 2019

I have not had a school drop someone because they filed bankruptcy, at least with my prior clients. Bankruptcy would wipe out your unsecured debts, however, as you may know most tax debt and student loans are not and you would still pay those back. You may be able to do a chapter 7 bankruptcy and... Read more »

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3 Answers | Asked in Bankruptcy for California on
Q: Can I be forced to sell my home?

I live in my homesteaded home and I co-signed on a home for my daughter which I have nothing to do with she lives in it with her children and has made all payments since the purchase. I am planning on filing a chapter 7 bankruptcy as I am 74 years old and make a little over 1000.00 a month on my... Read more »

Harlene Miller
Harlene Miller answered on Aug 16, 2019

I urge you to contact a bankruptcy attorney in your area. There are a lot of factors here that need to be considered. Whether or not your home is homesteaded, that does not necessarily mean that it is completely protected if you file bankruptcy. The Chapter 7 Trustee assigned to your case will... Read more »

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1 Answer | Asked in Bankruptcy and Construction Law for California on
Q: How do I find out if a construction company I hired has filed for bankruptcy?
Timothy Denison
Timothy Denison answered on Aug 15, 2019

Open an account at pacer.gov and you call search all federal databases.

2 Answers | Asked in Bankruptcy and Real Estate Law for California on
Q: Need Help ASAP

Hi Lawyer,

I really need help, so please help.

I sold my condo and bought the house with my girlfriend we both had name on the mortgage loan and Deed. After we live together, she brought her family over (like her mom, sister, brother and niece) then she start used me, she forced me... Read more »

Theodore Allan Greene
Theodore Allan Greene answered on Aug 9, 2019

Hi David... I have helped people like you with a process we call a Partition Action. It's always better to agree on it before you go to Court but sometimes you have to take Court action. You should talk to an attorney who handles these type of actions. We also are experienced in Bankruptcy which... Read more »

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4 Answers | Asked in Bankruptcy for California on
Q: Can my filing Chapter 7 by myself have creditors come after my husband after its done?

I live in California. I rent a room somewhere else while my husband stays in the house we rented. Do to his behavior I decided to leave. We are not legally separated, but don’t currently live in the same county together. My income by myself would get me chapter 7 to remove crushing credit card... Read more »

Peter Maurice Lively
Peter Maurice Lively answered on Aug 9, 2019

Before getting to your two questions, you should be aware that despite not being a cosigner, a cardholder on your account can be liable for that cardholder's purchases and CA community property law defines certain types of debt as belonging to both spouses when they are incurred during marriage.... Read more »

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4 Answers | Asked in Bankruptcy, Gov & Administrative Law, Sexual Harassment and Identity Theft for California on
Q: I have a card debt with $35,000 used with me and my boyfriend. he didn't have a social so I let him use and pay me back

But apparently, he did not. He just keep talking he will pay me back, he will work hard, but nothing paid back. I let him use my credit card for daily life, but he used for sports betting without my consent. He kept promised me he won't do it again but it is still happening and he even do cocaine.... Read more »

Peter Maurice Lively
Peter Maurice Lively answered on Aug 7, 2019

I'm sorry for your circumstances which sound stressful and frustrating, you are certainly not alone.

You could spend a lot of time energy and money obtaining a judgment and trying to collect the judgment from someone without succeeding.

You might be eligible for a bankruptcy...
Read more »

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2 Answers | Asked in Bankruptcy for California on
Q: My chapter 7 discharge is more than 10 yrs old, I'm just receiving a NFR, is this possible and what do I need to do?
Theodore Allan Greene
Theodore Allan Greene answered on Aug 6, 2019

A notice of Trustee's Final Report indicates that the Trustee is filing a required report stating how the money/assets that the Trustee recovered were distributed. The Trustee is required to report to the Court regarding all assets and the manner in which they were distributed. Why the Trustee is... Read more »

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2 Answers | Asked in Bankruptcy for California on
Q: California: forclosure 2009 Bankruptcy 2012 will Debtor be able to collect special assesment HOA for forclosed RE

In California: The HOA special assessment was added to the regular HOA fee and they said that I would have to pay it even if I sold the property. I had to foreclose in 2009 for inability to pay. In addition I had a bancrupcy in 2012 which included The assessment and CC debts. I was single at the... Read more »

Harlene Miller
Harlene Miller answered on Jul 17, 2019

Without reviewing your bankruptcy documents, if the assessment was properly listed as a creditor in the case, it should have been discharged. Have you heard from the HOA since the bankruptcy? You may want to speak with your bankruptcy attorney that handled your 2012 case. If no attorney, contact... Read more »

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2 Answers | Asked in Bankruptcy for California on
Q: Is bankruptcy right for me? How stupid am I?

10 years ago I quit life and ran away from everything but wrong! I was prosperous in retail, married, new business owner and living right with good credit. I moved my family to a new city, opened up my own retail store and refinanced a condo I had $100,000 in equity in and quit my $80,000 a year... Read more »

Timothy Denison
Timothy Denison answered on Jul 13, 2019

Everyone makes mistakes and that is what bankruptcy is for. Sounds like you are a good candidate but first you should hire a competent bankruptcy attorney who can review your situation and make sure bankruptcy is the right way to go. Also, don’t dwell on the past. What’s done is done. But,... Read more »

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3 Answers | Asked in Bankruptcy for California on
Q: Hello, my name is Raz, i dont know i am on right place or but i need some legal advice. My home is about to foreclose

Can i file chapter 13 to avoide forclose and make a payment plan whats the impact of my credit report and how soon i can get stay order because its less then 10 days left.

And can you help me out for filling bankruptcy

I need your reply as soo. As u can.

I previously filed... Read more »

Michael Jay Berger
Michael Jay Berger answered on Jul 3, 2019

Dear Raz:

Yes, filing Ch 13 will stop a foreclosure and allow you to set up a payment plan. I can help you to determine if Ch 13 is right for you. Call me @ 310-271-6223.

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3 Answers | Asked in Bankruptcy for California on
Q: Do I need to file for bankruptcy? I can not afford to pay my monthly payments to SOME of my creditors for NOW.

My total debt is 30K to multiple creditors, 3 personal loans. I can not afford to pay my monthly payments to ALL of them for NOW. I am WILLING to pay but I can not promise when. Do I need to file for bankruptcy? Please advise. Thank you.

Timothy Denison
Timothy Denison answered on Jun 25, 2019

You need to meet with an attorney who can evaluate your comprehensive financial situation and then make a decision about how to handle it.

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4 Answers | Asked in Bankruptcy, Banking and Collections for California on
Q: Chap 7. Wife not filing. Joint Citi checking w $5600 on line of credit. It's current. Can Citi offset if stays current?

Since it is a joint debt, can we exclude it from the BK and continue making payments on it?

We want to keep her strong credit completely clean.

Is there any reason to close the joint account?

Timothy Denison
Timothy Denison answered on Jun 17, 2019

Take her off all accounts if you want to keep her credit strong.

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1 Answer | Asked in Bankruptcy for California on
Q: Can I claim Service Members Civil Relief Act on accounts that were included in a Chap. 7 Bankruptcy ?

Active duty orders in early 2005, bankruptcy late 2005. I know our Auto loan at the time was not included in the chapter 7, so trying to get difference back from that. But are all those accounts included in bankruptcy off limits?

Timothy Denison
Timothy Denison answered on Jun 8, 2019

If you were on active duty at the time of filing, yes.

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