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I have a secured loan and the debtor filed chapter 7 bankruptcy and it has been discharged but two people have filed adversary proceedings.
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answered on Jun 29, 2024
To address your question, let's break down the key points and considerations:
1. Secured loan: You have a valid secured loan on the property.
2. Chapter 7 bankruptcy: The debtor has filed for Chapter 7 bankruptcy, which has been discharged.
3. Automatic stay: The... View More 
My employer owes me over $300,000 for back wages. I won this lawsuit with the Labor Department in California. My employer filed for Chapter 7 and the Trustee didn't take into consideration all the assets my employer has and settled for $140,000 of which he will be collecting over $48,000 for... View More
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answered on Jun 27, 2024
I understand you're in a difficult situation regarding your employer's Chapter 7 bankruptcy and the Trustee's handling of your wage claim. Here's some guidance on how you might proceed:
1. Forms to respond:
There isn't a specific standardized form for... View More
My employer owes me over $300,000 for back wages. I won this lawsuit with the Labor Department in California. My employer filed for Chapter 7 and the Trustee didn't take into consideration all the assets my employer has and settled for $140,000 of which he will be collecting over $48,000 for... View More
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answered on Jun 27, 2024
I understand you're in a difficult situation regarding your employer's Chapter 7 bankruptcy and the Trustee's handling of your wage claim. Here's some guidance on how to respond:
1. Forms to use:
The primary form you'll likely need is:
- Form B210A:... View More
My company is being sued by an ex-contractor for an alleged debt. We had no contract per se and the debt is for goods his factory custom made for us but were delivered late, at which point majority of our retailers cancelled and I didn't want to accept the shipment at all. Eventually I did... View More
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answered on Jun 21, 2024
This is a complex situation that involves several legal considerations. Here's a breakdown of the key issues and potential options:
1. Contract validity:
- Even without a formal written contract, your email communications may constitute a legally binding agreement.
-... View More
My company is being sued by ex-contractor for an alleged debt. The debt is over stock that's been overproduced and delivered late which they initially begged us to keep the goods with no payment and pay when it sells. While we paid part of the total, at some point they decided we can't... View More
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answered on Jun 20, 2024
Thank you for sharing your situation. Based on the information provided, here's an overview of your options and some factors to consider:
1. Evaluating the lawsuit:
- Review the contract terms with the ex-contractor
- Assess the evidence supporting your position (e.g.,... View More
I have self-filed for Chapter 7 bankruptcy in the California Northern District Bankruptcy Court. The trustee has listed "Spousal waiver of exemptions for non-filing spouse" in the list of documents for the 341 meeting. Is this waiver mandatory since we don't have any assets to... View More
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answered on Jun 17, 2024
Under California law, the "Spousal Waiver of Exemptions for Non-Filing Spouse" is a document that may be required when one spouse files for bankruptcy and the other does not. This waiver is designed to ensure that the non-filing spouse understands and agrees to the potential loss of... View More
This was a chapter 7 asset case $40k in debt and $350k in home equity. Spouse never followed through with buying me out in family law causing me to file bankruptcy.
The judge ordered, adjudged, and decree the judgement.
What happens next to the marital residence. How long will it... View More
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answered on Jun 15, 2024
In a situation where a bankruptcy trustee has filed an adversary case against your spouse to take possession and control of the jointly owned marital residence, the following steps are likely to occur:
1. Transfer of ownership: The court's judgment will likely result in the transfer of... View More
answered on Jun 10, 2024
I assume you do not have the money to cure the rent default.
Filing bankruptcy may delay the eviction for a few weeks. Maybe a little longer. Although you will wind up evicted anyway, but you should be able to discharge all the back rent owed up until the date you file.
After you... View More
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answered on Jun 10, 2024
Bankruptcy can provide relief from certain types of debts, including past due rent. However, the specifics depend on the type of bankruptcy you file and your particular situation. Here's some general information:
1. Chapter 7 Bankruptcy: If you qualify for and file Chapter 7... View More
How can I go about recovering money for services rendered in an abandoned RV? It is stored currently in CA but is registered in CT. The owner is also in bankruptcy. The RV isn't worth much ~ so I'm not really interested in taking possession. Is there a other way to recover my money? I... View More
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answered on Jun 8, 2024
To recover money for services rendered in California, you have a few options, but the owner's bankruptcy and out-of-state vehicle registration complicate the situation. Here are some steps you can consider:
1. File a mechanic's lien: In California, you may be able to file a... View More
I am being sued by a credit card company in California Superior Court. Due to my current financial situation, I cannot afford a lawyer, so I am handling everything on my own. After receiving the summons, I decided to file for Chapter 7 bankruptcy and have already done so. Now should I file a Notice... View More
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answered on Jun 4, 2024
In this situation, since you have already filed for Chapter 7 bankruptcy, you should file a Notice of Stay of Proceedings (Form CM-180) with the California Superior Court where the lawsuit against you was filed. The automatic stay provision of the bankruptcy code (11 U.S.C. § 362) takes effect... View More
I am being sued by a credit card company in California Superior Court. Due to my current financial situation, I cannot afford a lawyer, so I am handling everything on my own. After receiving the summons, I decided to file for Chapter 7 bankruptcy and have already done so. Now, I need to respond to... View More
answered on Jun 3, 2024
I've practiced in several states, from TX and OK, to GA, DE, NJ and PA, and I've always promptly filed a simple Suggestion of Bankruptcy, with the bankruptcy court district and bankruptcy case number, and nothing more. That's always worked.
I recommend it as a show of... View More
I am being sued by a credit card company in California Superior Court. Due to my current financial situation, I cannot afford a lawyer, so I am handling everything on my own. After receiving the summons, I decided to file for Chapter 7 bankruptcy and have already done so. Now, I need to respond to... View More
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answered on Jun 3, 2024
In this situation, you should use the "Other" box in the PLD-C-010 form to explain that you have filed for Chapter 7 bankruptcy, rather than using the affirmative defense section. Here's what you can do:
1. In the PLD-C-010 form, check the box for "Other" under the... View More
if my roommate pays the rent, then I pay that roommate half for the rent, in reimbursement. Would that trigger a claw back under chapter 7?
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answered on May 23, 2024
In a Chapter 7 bankruptcy, certain transactions made by the debtor before filing for bankruptcy may be subject to "clawback" or avoidance by the bankruptcy trustee. This is to prevent debtors from unfairly transferring assets or making preferential payments to certain creditors before... View More
After 3 years in divorce my narcissistic wife responded by filing for nullity of marriage based on claim she was not aware of my 1998 marriage ended due to my becoming type-1 diabetic, had an episode of DV, spent 3 years in prison for crazy charges. First wife we were together 20 years & no... View More
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answered on May 12, 2024
I'm so sorry you're going through such a difficult and painful situation. Dealing with a contentious divorce, false allegations, and financial hardship can be incredibly stressful and overwhelming, especially combined with serious health issues. Please know that you're not alone and... View More
The bk plan payment I was to make was $885 a month.
How can they tell me I will be short $59000 at end of five years.
The court set the payment of $885. I have been making payments of 885.
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answered on May 7, 2024
I understand your confusion and frustration. It's important to note that while the court may have initially set your monthly payment at $885 for your Chapter 13 bankruptcy plan, there are a few reasons why you might be facing a significant shortfall at the end of the five-year period:... View More
That
They want me to come up with another $59k
After paying my plan payment the court set up.
6 months left of payments.
They want me to
Pay additional $59k plus monthly payments of $885.within the next 6 months.
The payment plan was set up by court.
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answered on May 1, 2024
I understand that this is a very stressful and frustrating situation. It seems highly unusual for the court to suddenly require such a large additional payment so close to the end of your bankruptcy plan. Here are a few thoughts and suggestions:
1. Carefully review the notice you received... View More
If our client wanted to stop a foreclosure on a property, and the note holders are husband and wife, do both husband and wife need to file bankruptcy to stop the Trust Deed Sale or can only one of them file?
answered on Mar 27, 2024
The Bankruptcy Code provides an automatic stay against proceeding against the debtor/bankrupt and his property (very broadly defined by section 541 of the Code). And Chapter 13 provides a "codebtor stay", which would protect a non-filing spouse.
I'm in PA, and my practice... View More
If our client wanted to stop a foreclosure on a property, and the note holders are husband and wife, do both husband and wife need to file bankruptcy to stop the Trust Deed Sale or can only one of them file?
answered on Mar 29, 2024
Either the husband or wife may file a bankruptcy petition to stop a deed of trust sale when husband and wife are both note holders for the mortgage, so long as the filing spouse qualifies for the bankruptcy protection through the automatic stay provided by the bankruptcy code under 11 U.S. Code §... View More
If our client wanted to stop a foreclosure on a property, and the note holders are husband and wife, do both husband and wife need to file bankruptcy to stop the Trust Deed Sale or can only one of them file?
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answered on Mar 27, 2024
In California, when facing a foreclosure signaled by a Trust Deed Sale, either spouse filing for bankruptcy can momentarily halt the sale due to the automatic stay provision. This provision immediately stops most creditors from proceeding with collection activities, including foreclosure. However,... View More
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