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California Bankruptcy Questions & Answers
3 Answers | Asked in Bankruptcy, Collections and Landlord - Tenant for California on
Q: Hi, I do have eviction on my record. it's from last year. my previous land lord's lawyer keeps calling me to collect mo

LIVE IN CA, I do have eviction on my record. it's from last year. my previous land lord's lawyer keeps calling me to collect money. i can't make a peyment now. would they send it to a collection agency or suing me in court. if any of those happen could i still settle a payment with the previous... Read more »

Harlene Miller
Harlene Miller answered on Feb 17, 2020

Whether or not you can negotiate payments with a creditor really depends upon the creditor's willingness to do so. Calling and telling them you have no money isn't going to resolve anything. I understand they evicted you but did they also sue you for the balance due to the landlord? Are you... Read more »

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3 Answers | Asked in Bankruptcy for California on
Q: Is dmv registration for a car i am turning in dischargeable under chapter 7 bankruptcy?

Should I pay the planned nonoperation fee of $22 or should I not pay anything and list dmv as a debtor?

Timothy Denison
Timothy Denison answered on Feb 12, 2020

Yes.

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3 Answers | Asked in Bankruptcy for California on
Q: Garnishment of 25% student loan We have fallen behind on our debt by a couple thousand. How do we get help?
Harlene Miller
Harlene Miller answered on Feb 6, 2020

I suggest you use this site to locate a bankruptcy attorney in your area to consult regarding your options. Many of us offer a half hour no charge consultation. You may not need a bankruptcy, but that is where I suggest you start - since an attorney with that experience may be able to evaluate... Read more »

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2 Answers | Asked in Bankruptcy for California on
Q: My Co. Is involved in a lawsuit with client. Trial is in April can I file chap 11 if I lose and avoid paying judgement

I am hoping the truth is on my side and I will win but it's never guaranteed. The amt sued would wipe out my co. And I wouldn't be able to pay without selling. Can I file chap 11 if I lose and judgement against me. Or do I file before trial to end the lawsuit. Please guide me since trial is set for... Read more »

Harlene Miller
Harlene Miller answered on Feb 3, 2020

I urge you to talk with a bankruptcy attorney experienced with chapter 11 cases. Chapter 11 is a reorganization for the debtor filing, in this situation, your company. An must be done to determine whether the company can reorganize and repay creditors some amount of the debt that is owed. Filing... Read more »

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2 Answers | Asked in Bankruptcy and Real Estate Law for California on
Q: Is it allowed for a judge to distribute an estate that is still in the midst of a chapter 13 Bankruptcy?

Our million dollar estate was distributed while it is still in the bankruptcy trustees control and I do not believe a relief of stay was granted to distribute the estate. In any case I was awarded one of the homes while my X got everything else . My home is encumbered 100% and is to be sold since... Read more »

Harlene Miller
Harlene Miller answered on Jan 30, 2020

Your question presents a very complicated case and issues; I believe, much more than can be responded to in this forum. I urge you to contact an experienced bankruptcy attorney in your area to arrange a consultation to go over in detail what has occurred and what your options might be.

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1 Answer | Asked in Bankruptcy for California on
Q: lawyer.added her cost 6800.00 to debt plan . gave 2300.00 already .Extra fees I may pay no $$$will they proceed ?
Harlene Miller
Harlene Miller answered on Jan 22, 2020

Attorneys fees can be included in the plan so that the attorney is paid as part of the distribution from your plan payments. If you had paid $2300 in advance to the attorney, that should have been deducted from the full amount of the fee, thereby reducing the amount in the plan. Did your attorney... Read more »

2 Answers | Asked in Bankruptcy for California on
Q: if im able following payback schedule for chapter 13 I was told no gambling . if I do during the 5 years how serious ?
Harlene Miller
Harlene Miller answered on Jan 22, 2020

If this was a condition of plan confirmation and is in the order confirming your plan, then if you don't comply with a term of the plan, the case could be dismissed or converted to chapter 7. You should really communicate with your attorney. If you did not have an attorney representing you, I... Read more »

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2 Answers | Asked in Bankruptcy for California on
Q: giving check to lawyer. schedule plan signing today. 1 week late filing 13. extra fee maybe, no money wiil they process?
Timothy Denison
Timothy Denison answered on Jan 22, 2020

Probably the extra is the late weeks plan payment

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2 Answers | Asked in Bankruptcy and Real Estate Law for California on
Q: is it common for my lawyer to ask me for 1st payment chapter 13 ? she's filing late Meeting with trustee in 7dy.
Timothy Denison
Timothy Denison answered on Jan 22, 2020

Yes. Not only common but required in some jurisdictions.

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3 Answers | Asked in Bankruptcy for California on
Q: If my mom is on my auto loan as a co-buyer (not co-signer), and I file for chapter 7 bankruptcy, is she protected?
Harlene Miller
Harlene Miller answered on Jan 13, 2020

If you are asking whether she is protected by the automatic stay that goes into effect when a bankruptcy is filed, from the creditor seeking payment from her - it depends. You indicate she isn't a signer - do you mean she is not on the loan? If she didn't sign the loan as a co-borrower, and... Read more »

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2 Answers | Asked in Bankruptcy for California on
Q: I am 2 years into a chapter 13 bankruptcy in California . I have run up some more personal loan debt. Can i do a loan

consolidation or do i need to call him and tell him?

Harlene Miller
Harlene Miller answered on Jan 13, 2020

You cannot borrow money while in a chapter 13 without court approval. I suggest you meet with your attorney to discuss the possibility of modification to your plan since you apparently are not handling your finances based upon the monthly budget you created two years ago when the case was filed.... Read more »

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3 Answers | Asked in Bankruptcy and Legal Malpractice for California on
Q: If a private person without a corporation is coerced into filing Chapter 11 bankruptcy, when it's not even necessary,

My friend was sued, paid $10,000.,got an attorney who then passed the case over to another attorney friend, who told my friend she needed to file Chapter 11 bankruptcy and ask for $35,000. retainer. My friend didn't want bankruptcy, has no corporation, but has assets in real estate. June 11,2019... Read more »

Michael Jay Berger
Michael Jay Berger answered on Jan 10, 2020

Have your friend call me 310-271-6223.

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1 Answer | Asked in Bankruptcy and Divorce for California on
Q: can my wife and I do the division of assets after getting divorced? We are under Chapter 13 but I will continue to pay.

We are in Chapter 13 , and her an I are in good terms and planned out spousal support and we both would keep a car. The court mediator said we had to get a lift of the chapter 13 Stay before doing the separation of assets but that would defeat the purpose of the Chapter 13. The payments to the... Read more »

Timothy Denison
Timothy Denison answered on Jan 7, 2020

You cannot do a division of assets until the bankruptcy is final unless you get approval from the court bc said assets are the property of the bankruptcy estate.

3 Answers | Asked in Bankruptcy for California on
Q: Lost income from job. I have about 70, oo00.00 debt this includes 50, 000 owing to IRS. 1 car, 25,000.00 I'd like to

3500.00 credit cards

Aaron Michael Lloyd
Aaron Michael Lloyd answered on Jan 4, 2020

Hello,

Some of your IRS debt may be dischargeable in bankruptcy. Other debts such as credit cards, personal loans, and medical bills are typically dischargeable. You can also keep your car in bankruptcy. If you lost income and are having trouble making payments then bankruptcy may be a...
Read more »

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4 Answers | Asked in Bankruptcy for California on
Q: In what state (NH or CA) should I file for BK for Student Loan discharge

I am in an odd situation in which I live in both NH and CA and could claim residency at both. I would like to file BK for student loan discharge ( 93K) due to economic hardship. ( I support both CA and NH household).

I am worried that if I file in NH , I may not pass the brunner test due... Read more »

Timothy Denison
Timothy Denison answered on Jan 3, 2020

Highly unlikely that they get discharged completely in either state. They almost never do. I suspect CA would be the best place, but again, not likely for much relief in either state.

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3 Answers | Asked in Bankruptcy for California on
Q: I was not given sufficient notification on a Motion for Relief from Stay in my CH 13 bk. Hearing is days away.Options?

This was clearly a strategic move by the creditor to serve me via mail just prior to the holidays so I would have little to no recourse. I need help filing a motion for extension of time to object, to extend the automatic stay , to find legal assistance and to have someone appear on my behalf at... Read more »

Ronald Holland
Ronald Holland answered on Jan 2, 2020

You and your attorney must b be served by mail at least 14 days before the hearing. That means that the Notice and other documents go INto the mail 14 calendar days before the hearing. If on 14 days notice, the first hearing is considred a "preliminary hearing". At that time the court can... Read more »

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3 Answers | Asked in Bankruptcy for California on
Q: I have less than 20 days to get my car from repo, I read I can go bankrupt and get my car back

I have no transportation

Peter Maurice Lively
Peter Maurice Lively answered on Dec 21, 2019

I have helped clients with this issue through chapter 13 where their overall financial circumstances, not only the repossessed vehicle recovery, justified the administrative costs and supported a feasible plan of reorganization.

Sometimes it is more cost efficient to recover the vehicle...
Read more »

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2 Answers | Asked in Bankruptcy for California on
Q: Is it possible to still have my corporation as self employed if I file a chapter 7 on the personal side?

I'm a owner operator truck driver and debt has piled up. I'm roughly at $25,000 on credit cards and other obligations has caused me to go under water quite a bit.

I'm 2 years in with my corporation self employed, and both years of tax returns are showing $30k or less after write offs.... Read more »

Harlene Miller
Harlene Miller answered on Nov 25, 2019

I am unclear as to what you are considering and why. Personal chapter 7 or corporate? Both represent issues that can only be addressed with more information from you. I urge you to contact a bankruptcy attorney to discuss these options and issues. Several of us offer a no charge consultation... Read more »

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2 Answers | Asked in Bankruptcy, Business Law, Civil Rights and Constitutional Law for California on
Q: Shay from Pro_Hydro Ihave a civil matter current with bribes over my head and want to run leins on commercial props.

Its State & Federal and its quadzillions well more but yah and from start of filing tell now with being served it's still going on so I thought leins to start asap Motel , Parking garage and cars and 2 check cashing stores

Timothy Denison
Timothy Denison answered on Nov 23, 2019

What is your question?

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