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California Bankruptcy Questions & Answers

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 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 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 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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3 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 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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3 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 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 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 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 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 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 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 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 answered on Jun 8, 2019

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

2 Answers | Asked in Bankruptcy, Foreclosure and Landlord - Tenant for California on

Q: I have a question my landlord lost the house he still wants us to pay him the rent . What can I do he's not the owner ?

Theodore Allan Greene answered on Jun 4, 2019

When you say he "lost the house" do you mean the bank foreclosed on him? If so then don't pay him. Wait for the bank to contact you most likely through a real estate agent. Unless someone bought the house through a foreclosure sale - then they should contact you. But if the owner/landlord still... Read more »

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2 Answers | Asked in Bankruptcy for California on

Q: Can a judgement ordered for omitted assets from a divorce from over 9 years ago also now be put into a new bankruptcy?

The judgement was just rendered, the ex-husband is telling the ex-wife even with the judgement all he is going to do is file for a bankruptcy so he never has to pay what he originally hide from her to begin with, the judgment amount is roughly $375,000?

Timothy Denison answered on May 21, 2019

No. That judgment is probably not dischargeable bc (1) it is a domestic support obligation, and (2) if he concealed assets from you or the court, that is fraud, which is alsonon-dischargeable.

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3 Answers | Asked in Bankruptcy for California on

Q: What information do you require on a free consultation on bankruptcy? I need assistance asap.

I just became a cancer survivor still following up at the cancer center. I was on FMLA july 10 2018 thru Jan 2019.. return to work on Feb 2019 and just started a second job this month of May 2019. I'm struggling financially. I have my car and is behind on payments car insurance. Utilities..and... Read more »

Aaron Michael Lloyd answered on May 19, 2019

Hello,

Generally, you would want to gather your most recently filed tax return, 6 months of paystubs if applicable, and complete a credit counseling course that usually takes about 1 hour. If you would like to discuss more and how the process works I suggest scheduling a consultation with a...
Read more »

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3 Answers | Asked in Bankruptcy and Appeals / Appellate Law for California on

Q: Hello, I'm going thru bankruptcy, my paralegal helped me at the beginning, now she won't respond to me for 1 mth. Help

She has all my legal documents and my tax return. I have tried to get in touch with her various ways, she won't respond. What do I do? How do I get my items back and amend my bankruptcy now? I do qualify for Legal Aid. Who do I call for help.

Thank you!!

Ronald Holland answered on May 14, 2019

When you hire a paralegal, you are representing yourself in court. You have no one who is allowed to give you legal advice. While the paralegal may tell you what forms to file, they can'tgive you legal advice and can't represent you in any way within the bankruptcy process.

Amendments to...
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2 Answers | Asked in Bankruptcy for California on

Q: What happens if one of 3 owners on a manufactured home title in CA files Chapter 7 Bankruptcy?

My husband, mother and I are all joint owners on a manufactured home in CA. We bought it together to all live in after my father passed away. There is no mortgage as we paid cash. My mom has since moved out and has not paid for the land lease, property taxes or any other things related to the home.... Read more »

Harlene Miller answered on May 13, 2019

Your question raises several issues. First and most important, you should personally set up a consultation with a bankruptcy attorney (not the one that may be representing mother in her case). You need separate advice regarding your interest in the property as well as any impact mother's... Read more »

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4 Answers | Asked in Bankruptcy for California on

Q: If I’m late on a car title payment in California does the account go through any kind of review process before repossess

Peter Maurice Lively answered on May 1, 2019

Your title loan may provide you with a short grace period after the monthly payment due date.

Other than perhaps a courtesy call from the title lender regarding the status of your payment, you should expect your lender to repossess your vehicle as soon as it legally can pursuant to your...
Read more »

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3 Answers | Asked in Bankruptcy for California on

Q: Is it possible to file an emergency chapter 7 through an attorney to protect my car from repossession.

I am late on a payment with another payment due in mere days and I’m really concerned.

Peter Maurice Lively answered on May 1, 2019

It is possible to file an emergency bankruptcy petition and obtain an automatic stay pursuant to Bankruptcy Code Section 362 which is applicable to vehicle lenders and would be violated if repossession subsequently occurred.

However, a Chapter 7 petition alone isn't necessarily going to...
Read more »

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4 Answers | Asked in Bankruptcy for California on

Q: Can an emergency chapter 7 protect my car from repossession. I’m late on a payment with another looming. How fast can ac

Timothy Denison answered on Apr 30, 2019

Yes. Can usually be fined within 2-3 days.

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