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California Bankruptcy Questions & Answers
5 Answers | Asked in Bankruptcy for California on
Q: My estranged husband and I are going through a divorce, in September 2020 he filed for bankruptcy listing me as a credit

It was discharged December 2020 however I pulled his petition and he lied regarding his income. He failed to list his live-in girlfriend and her income towards household bills and he also claims our son lives with him when he signed over his rights for visitation a year ago. Has seen our son 8... Read more »

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Jan 2, 2021

A bankruptcy discharge can be revoked for fraud, but it must be initiated within 6 months of the entry of the discharge order.

The Bankruptcy Schedules are signed under penalty of perjury. If a bankruptcy debtor attests to a deliberate lie in the Schedules, the penalty for perjury is 5...
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4 Answers | Asked in Bankruptcy and Landlord - Tenant for California on
Q: Applicants filed for bankruptcy chap-7, two of their BK is discharged and one is FILED status. Should I rent my property

Applications including two co-applicants who have applied for my rental property have filed for BK chap-7. Two of the applicant's BK is in Discharge status (2018) but the third one's BK (Oct 2020) is in filed status. Should I rent my property for them? What are the pros and cons? Would my... Read more »

David Luther Woodward
David Luther Woodward answered on Dec 31, 2020

It appears that you are dealing with them in what we call "post petition". The fact that a Chapter 7 is pending may present an issue if the bankrupt proceeds without the consultation with his counsel, and probably the trustee, but I cannot see how your property would be included in any... Read more »

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2 Answers | Asked in Bankruptcy and Consumer Law for California on
Q: The judge in a chapter7 case, terminated motion of stay, gave creditor motion rule 9014-1(f)(3) and 4001-1

How much time does Movant have to reposed the vehicle?

Harlene Miller
Harlene Miller answered on Dec 19, 2020

The vehicle can be repossessed anytime after entry of the order granting the motion. I suggest you contact attorney that filed the motion and arrange a time for repossession. Be sure to remove your personal items from the vehicle. After repossession and sale, you may receive a letter regarding... Read more »

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4 Answers | Asked in Bankruptcy for California on
Q: What happens when the chapter7 judge grants/terminates, motion of stay to the creditor?

Creditor is for secured for vehicle I do not want.

Stuart Nachbar
Stuart Nachbar answered on Dec 19, 2020

Creditor has to serve the executed order on you and then they can take the vehicle

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3 Answers | Asked in Bankruptcy for California on
Q: I filed chapter 7, Pro-Se. After 341 meeting creditor filed motion to relief of stay. Was granted in his favor.

This is for a vehicle that had interest rat of 20.8% owed more then car was worth.

Stuart Nachbar
Stuart Nachbar answered on Dec 19, 2020

The motion is heard 21-30 days after filing depending on when the hearing date is set. You can call the court and and ask and thr creditor has to serve a copy of the order on you.

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7 Answers | Asked in Bankruptcy for California on
Q: Would it be hard for me to file my own bankruptcy without a an attorneys help? I would be filing a chapter 13
Timothy Denison
Timothy Denison answered on Dec 10, 2020

Yes. Very technical and confusing.

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1 Answer | Asked in Bankruptcy, Consumer Law, Foreclosure and Collections for California on
Q: If the court-ordered sale of a residence and a subsequent BK is filed but dismissed 30 days later, is a new OSC required

After an OSC, the court ordered the sale of a residence in October. The homestead granted was $75K. If a BK is filed in December and later dismissed in January/February, does the Judgment Creditor need to file a new OSC in order to get another court order - or is the original OSC restated? The... Read more »

Yelena Gurevich
Yelena Gurevich answered on Dec 9, 2020

the an order is already entered, no further order is necessary. the bankruptcy will only delay but not prevent the sale. You have to take the appropriate action in state court to reverse such an order.

5 Answers | Asked in Bankruptcy for California on
Q: Can I voluntarily surrender cars and timeshares after chapter 7 if I have not completed a reaffirmation agreement
Yelena Gurevich
Yelena Gurevich answered on Dec 3, 2020

generally yes. you my want to speak to your chapter 7 lawyer as well.

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3 Answers | Asked in Bankruptcy for California on
Q: Superior court matter stayed due to bankruptcy auto-stay… does that remove jurisdiction from state court?

We brought an administrative mandamus action in State Calif Superior court against local city agency for land use decision on a property whose prior owner was in Chapter 11 bankruptcy. Superior court judge ordered that due to auto stay provisions(11 USC 362), no further proceedings until AFTER... Read more »

Bahram Madaen
Bahram Madaen answered on Dec 2, 2020

You can file a motion for relief from stay in the bankruptcy case and then you are allowed to continue with your case in state court.

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2 Answers | Asked in Bankruptcy for California on
Q: If found guilty of a civil suit can you file bankruptcy to eliminate that debt?

My son is the defendant of a multi million dollar civil suit. He is a broke college student. If found guilty can he file bankruptcy to wipe out the debt?

Theodore Allan Greene
Theodore Allan Greene answered on Dec 2, 2020

There are some things that can be objected to and then cannot be discharged in Bankruptcy. You might contact a BK attorney with more specificity to get a more detailed analysis. I think it might be worth try and then hope no one objects but without more facts it's hard to know for sure without... Read more »

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4 Answers | Asked in Bankruptcy and Collections for California on
Q: hi, over 20 years ago i filed for chapter 7. i also had a credit card debt for around 1000 usd with a german bank

but didn't include it on my chapter 7 (this debt was about a year before filing). 13 years later i get a letter from a german collection agency adding 1000's in fees and they continue to do this. being a us citizen living in california can i disregard this?

what if anything... Read more »

Yelena Gurevich
Yelena Gurevich answered on Nov 25, 2020

inform them of the bankruptcy and provide them with your bankruptcy information. they are passed the california statute of limitations to collect against you as well.

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4 Answers | Asked in Bankruptcy for California on
Q: I am about to file bankruptcy Chapter 7 in California. My debt exceeded 180.000$ and I have no assets and income

I am about to file bankruptcy Chapter 7 in California. My debt exceeded 180.000$ and I have no assets and income coming in. But I still have 60.000$ in Crypto currency. My lawyer will be able to protect 35000$ for me. I have a few personal loans that I would like to pay off, its 2 people and total... Read more »

David Luther Woodward
David Luther Woodward answered on Nov 24, 2020

There is no best way!

Personal loans to people you know (and obviously care about) can be reached by the trustee and clawed back into the Chapter 7 estate. Should you lie about in on your schedules is is bankruptcy fraud.

I have never dealt with crypto currency in any 7 or 11 I...
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5 Answers | Asked in Bankruptcy and Tax Law for California on
Q: I need to file for bankruptcy and my husband is in a Nursing Home (I have his power of attorney) and I’m retired.

Yes I’m retired, can’t receive my unemployment and the IRS, Franchise Tax Board is coming after me.

I need to file for bankruptcy.

Timothy Denison
Timothy Denison answered on Nov 16, 2020

Contact your local bar association or legal aid society for a referral.

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1 Answer | Asked in Bankruptcy, Consumer Law, Contracts and Copyright for California on
Q: Im with my best friend jesus
Maurice Mandel II
Maurice Mandel II answered on Nov 14, 2020

Hallelujah! And Amen.

Justia disclaimers below, incorporated herein.

4 Answers | Asked in Bankruptcy for California on
Q: Hi! How to claim as a creditor (me) for a Chapter 7 (a facility)? Where to file? Any due date to file? Thanks!
Timothy Denison
Timothy Denison answered on Nov 3, 2020

Electronically. The deadline will be listed on the bankruptcy notice you received in the mail.

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4 Answers | Asked in Bankruptcy for California on
Q: Does automatic stay in Ch. 13 apply to non-noticed creditor?

Debtor did not list me as a creditor, so I got no notice. He let me proceed with lawsuit confirming my arbitration award against him until I won. I served him with notices and documents and still neither he nor his attorney told me about bankruptcy. 5 days after I obtained judgment and noticed... Read more »

David Luther Woodward
David Luther Woodward answered on Oct 23, 2020

If the case is dismissed, then everything is back at square one.

Whether your judgment is valid is a decision that must be reached upon examination of all the facts--both procedural and substantive--by your own lawyer there in California. Your facts are too specific to ask a lawyer to...
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1 Answer | Asked in Bankruptcy, Divorce, Family Law and Foreclosure for California on
Q: My soon to be ex left the state with the kids. She left me in a house we cannot afford in California. I also want to go.

Soon to be ex left with kids to AZ. She left me with a house in California we cannot afford. I need it gone before foreclosure. How can I get her to make the payments for a few months? She lives with her parents and teaches. She REFUSES to sign realtor contract just to be mean. I feel helpless.... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Oct 21, 2020

As long as there is no legal action pending (i.e. a divorce) and as long as you are not represented by counsel, you are helpless. The first step towards getting control over the situation is getting court orders. Start by filing a petition for dissolution.

4 Answers | Asked in Bankruptcy for California on
Q: I also received a summary of trustee’s final report and application for compensation. The last page looks like this:

Timely claims of general (unsecured) créditos totaling $35,118 have been allowed and will be paid pro rats only after all allowed administrative and priority claims have been paid in full. Does this mean I have to pay that or they telling me they will pay it or they paid it??

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Oct 20, 2020

The Trustee's report is about what the trustee will pay, or has paid, to creditors. Secured and priority claims are always paid before any distribution to general unsecured claims, which in either a Ch. 13 or Ch. 7 are usually discharged at the end of the case.

A quicker way to get...
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3 Answers | Asked in Bankruptcy, Family Law and Foreclosure for California on
Q: Divorce/Foreclosure

My soon to be ex left me with the house in California. I cannot afford it and she won’t sell. Cannot afford to get atty involved as there is no gain. Should I just go through foreclosure?

Harlene Miller
Harlene Miller answered on Oct 19, 2020

Is a divorce pending? Will you be entering into some type of property division agreement? If so, and she releases her interest in the property, you may want to consider selling the property. If there is no equity in the property (is that what you mean by "there is no gain"?) - a short... Read more »

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