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California Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy for California on
Q: Exemptions is California??

I want to make sure that I’m filling this out correctly. I live in California don’t own home and want to hand over my vehicle to the lender. However I want to keep all of my personal belongings. How do I make sure it’s filled out that way, please advise. Thank you.

Harlene Miller
Harlene Miller
answered on Sep 14, 2022

I urge you to consult with a bankruptcy attorney in your area. The key to a successful bankruptcy is properly and fully completing the documents required by the Court. Or, contact the clerk's office at your local bankruptcy court to find out if they have bankruptcy clinics or legal clinics... Read more »

1 Answer | Asked in Bankruptcy for California on
Q: No time to hire an attorney.

I am filing bankruptcy pro se. after filing, I received a mechanics lien on vehicle that I planned on handing over to the bank. What forms must be filed for this? Please help ASAP. I have no time to hire an attorney. Unless you know one that can get paperwork complete in 24 hours.

Timothy Denison
Timothy Denison
answered on Sep 12, 2022

You’ll need to file a motion to avoid lien on the mechanics lien, the form of which is online in the federal forms databank.

2 Answers | Asked in Bankruptcy for California on
Q: Filing chapter 7. Mechanics lien on car that is financed.

The car is in the shop and I owe $3800 on it. They have just put a mechanics lien on it. I want to hand over the car to the loan company during my bankruptcy, how do I do this and what forms do I need. I’m filing pro se

Timothy Denison
Timothy Denison
answered on Sep 12, 2022

This is a fairly complicated issue. You should hire a bankruptcy attorney to help you through this.

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2 Answers | Asked in Bankruptcy for California on
Q: Do we have to pay unpaid bills of a company after buying it in a chapter 7 auction. can we collect receivables revenue?
Timothy Denison
Timothy Denison
answered on Sep 8, 2022

Depends on the terms of your purchase contract of the new company.

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2 Answers | Asked in Bankruptcy, Consumer Law, Contracts and Copyright for California on
Q: hey I have this assignment for a criminal law philosophy class I'm taking, I need help brainstorming

I can think of a few laws that fall under this idea, but none that are intriguing enough to write a paper about. Any ideas of a law that we regularly abide by even though it doesn't directly align with personal values?

"We have respect for the law, as an institution, even though... Read more »

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Sep 2, 2022

Not sure this meets your "regularly abide by" criterion, but, I practiced in Oklahoma City for 15 years, and there was a criminal law on the books sanctioning the "Abominable Crime Against Nature" (originally passed, it is surmised, to outlaw anything that gay people might do... Read more »

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3 Answers | Asked in Bankruptcy, Contracts and Collections for California on
Q: My brother defaulted in response to my lawsuit and now is trying to settle or claim bankruptcy can he do this to me

I am suing my brother for defaulting on a loan repayment for which I had a contract with him for purposes of payment by him he has a monthly check to which I am entitled to half and he has been spending it instead of using it to repay me so I sued him and he never responded which put him in default... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Aug 18, 2022

Yes he can do this.

If he files bankruptcy you might lose all the money.

But, people often claim they will file bankruptcy to negotiate a debt, but actually will not file bankruptcy or do not even qualify for bankruptcy.

Contact an experienced debt collection attorney who...
Read more »

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3 Answers | Asked in Bankruptcy and Divorce for California on
Q: In a divorce how is credit card debt split up and what happens if one side cant pay it?

IM in a middle of a divorce. I have been paying the debt solely for a year. Im now in a situation of BK. My question is will I be repaid for the time i have been paying the debt solely and if so how do i collect that money if the spouse can't pay their share?

Tobie Brina Waxman
Tobie Brina Waxman
answered on Aug 15, 2022

Debt incurred during the marriage is considered community debt. Liability for that debt is therefore shared equally. However, family courts are considered courts of equity. If one party has a better ability to pay off that debt, the court may divide it in a way that reflects the parties'... Read more »

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2 Answers | Asked in Bankruptcy for California on
Q: I filed for chapter 13 bankruptcy and dismissed my case
Timothy Denison
Timothy Denison
answered on Aug 13, 2022

What is your question?

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4 Answers | Asked in Bankruptcy for California on
Q: Bankruptcy

I have a estimate of $5,000 debt, back rent of $8000 and a car loan I'm still wanting to continue to keep. I can't catch up on my rent or debt. I'm a single mom with my only income. Should I file for bankruptcy?

Aaron Michael Lloyd
Aaron Michael Lloyd
answered on Jun 28, 2022

Bankruptcy maybe able to provide you immediate relief if you have been trying to catch up on payments and debt for awhile now. Bankruptcy can get rid of back rent, credit card debt, medical bills, etc...You can likely keep your car in bankruptcy as bankruptcy law allows for a bit of protection for... Read more »

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4 Answers | Asked in Bankruptcy for California on
Q: Regarding Bankruptcy. I live in California.

I never have filed for bankruptcy and I'm thinking I need to. I need to know if this is the right thing to do. I also owe back rent and would like to know if that would be included?

Aaron Michael Lloyd
Aaron Michael Lloyd
answered on Jun 27, 2022

Bank rent can be included in bankruptcy. About how much back rent do you owe and how much other debt do you owe? Do you have income? What assets do you have? These are some questions that have to be answered to determine if bankruptcy is a good option for you.

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1 Answer | Asked in Bankruptcy for California on
Q: Lawyer wont return my Deposit after I decided not to procced and I have no contract signed

I put in a deposit to start my bankruptcy, I ended up settling with the card companies and canceling the the bankruptcy. I then asked for my deposit back since we didn't do a contract and the lawyer refuses to return it, says its a consultation fee when the receipt he gave me says deposit and... Read more »

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Jun 26, 2022

As you've never filed your bankruptcy case, the bankruptcy court has no jurisdiction over your claim.

It may be that the US Trustee's office, or the California Bar Association, would be the more appropriate agency to entertain your grievance.

4 Answers | Asked in Banking, Bankruptcy, Business Law and Contracts for California on
Q: Do I need a bankruptcy lawyer

Do I need a lawyer to help with a foreclosure

Tristan Brown
PREMIUM
Tristan Brown
answered on Jun 24, 2022

Whether you’re a landlord or tenant in the foreclosure process, it is advisable to consult a lawyer. The foreclosure process can be complex and you may need adequate legal representation to guide you along the way.

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2 Answers | Asked in Bankruptcy, Tax Law and Business Law for California on
Q: Need help to dissolve S Corp due to pandemic- Can someone help?

Fitness company- Officers are myself and husband. Devastated by pandemic and not able to recover. There’s unfiled back taxes and a recent $110k judgement from a defaulted business loan with me only as the personal guarantor. I hired a firm several months ago to help negotiate a settlement but... Read more »

Harlene Miller
Harlene Miller
answered on Jun 16, 2022

There are many issues you mention that far exceed what can be discussed on this site. I urge you to consult with an experienced bankruptcy attorney with broad experience: including creditor representation in order to explain the impact of a potential bankruptcy on the creditors and how they might... Read more »

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3 Answers | Asked in Bankruptcy for California on
Q: Hello,My family member is on disability and not working for 2 years. Has thousands dollars of debt on credit cards.

which was established during the education, and paying hundreds of dollars each month for the principal and interest since 2013. Trying to have help from the programs, e.g., related to COVID, but representatives did not help, just tried to involve into the new obligations.

I found you on... Read more »

Tristan Brown
PREMIUM
Tristan Brown
answered on Jun 13, 2022

Many have been affected financially by the COVID-19 pandemic. Bankruptcy may be an option for your family member. Your family member may also qualify for a fee waiver if he/she is on disability.

Be sure to consult to a bankruptcy attorney in your area.

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4 Answers | Asked in Bankruptcy and Collections for California on
Q: I'm 64 years old w/around $70k CC debt (mostly due to losing my job in March 2020. I need legal advice on how to get

a "judgment proof" (write off the debt) as I'm no longer in the country and have no means to return. I still use a friend's address in Walnut Creek for my social security and IRS. My wife was sick with an autoimmune disease so we had to live off CCs for the last two years). My... Read more »

David Luther Woodward
David Luther Woodward
answered on Jun 7, 2022

It's a mathematical decision: you should complete the questionnaire that most firm want, and then decide from the result what you should do. Debt counseling, in my over 50 years of practice, don't want to send you through bankruptcy because that is not the way they make their money.... Read more »

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1 Answer | Asked in Bankruptcy for California on
Q: What statutes apply for damages from fraud on the court by attorneys as officers of the court in a BK adv. case?

I didn't see anything in FRBP. Because it's an adv case, does FRCP apply instead?

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on May 27, 2022

The Federal Rules of Bankruptcy Procedure are just that, procedural rules.

"Fraud on the court" is a serious accusation, and several statutes, as well as court and bar rules, may apply. Remember, proof of fraud is generally required to be proved by clear and convincing evidence,...
Read more »

2 Answers | Asked in Bankruptcy for California on
Q: Hello, I currently am in Chapter 13 bankruptcy and have been for a year. I would like to stop making payments so the

the case is dismissed and I can refile adding some additional debt. Is this possible.

Thank You.

Harlene Miller
Harlene Miller
answered on May 24, 2022

Were the debts you are talking about adding, incurred prior to the filing of your chapter 13 case or were they incurred since the filing? Also, a chapter 13 case can be dismissed voluntarily, by filing a request with the Court. I suggest you talk with a bankruptcy attorney directly to discuss... Read more »

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2 Answers | Asked in Bankruptcy, Contracts, Civil Litigation and Collections for California on
Q: In California, when a judgment goes beyond 10 years, does it still accrue interest?

Is a CA. judgment debt from an eviction still owed, even if it is past the statue of limitations? Does a judgment of type stand forever until paid?

Theodore Allan Greene
Theodore Allan Greene
answered on Apr 25, 2022

If you have a judgement it's usually for 10 years. You can then re-new for 10 more years but have to pro actively deal with it. It's not automatic. You used the term statute of limitations which is something completely different. You should sit down with an attorney and get some help so... Read more »

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1 Answer | Asked in Small Claims and Bankruptcy for California on
Q: I have to clear two expired; unsatisfied judgments. To negotiate a settlement, what type of lawyer do I need for this

I am pursuing a California professional state license that requires a credit check and might need to clear up some old judgments from 10 and 14 years ago. I can pay the amounts originally owed, but adding on the interest pushes beyond what I can afford. Is it possible to make this type of deal with... Read more »

Leon Bayer
Leon Bayer
answered on Apr 18, 2022

A bankruptcy lawyer should be able to provide you with legal advice and representation for this matter. In fact, both of those judgments may have expired and become unenforceable due to the passage of time, unless they were timely renewed.

2 Answers | Asked in Bankruptcy, Banking and Federal Crimes for California on
Q: okay so i recieved a check of 9,000 i thought i won it because of lottery i was playing i told the bank if it was real

he told me yes then i took money out next day , then they told me i deposit a check fraud can i go to jail

Tristan Brown
PREMIUM
Tristan Brown
answered on Apr 12, 2022

There are a number of prevalent scams involving fraudulent checks. I'm sorry to learn you that you may have been a victim.

Unfortunately, it is difficult to determine the possibility of criminal charges without knowing more details surrounding your situation. You did not mention how...
Read more »

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