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California Bankruptcy Questions & Answers
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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2 Answers | 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 »

Theodore Allan Greene
Theodore Allan Greene answered on Oct 21, 2020

I have helped hundreds of people in similar situations. There are multiple options but more information is needed. You can call me or another attorney with such experience.

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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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1 Answer | Asked in Bankruptcy, Estate Planning, Foreclosure and Real Estate Law for California on
Q: Can a joint tenant/owner have a lien put on house (primary residence) if other owner passes away with credit card debt?

*California* atty. preferred:

My mother and grandmother live in Seal Beach Leisure World.

If they are both co-owners and residents (joint tenancy) of this property and one passes away (God forbid) with some credit card debt, can the creditor(s) put a lien on the property postmortem... Read more »

Aaron Michael Lloyd
Aaron Michael Lloyd answered on Oct 14, 2020

For a creditor to put a lien on real property there usually must first be a judgment. Once there is a judgment against a certain individual then that judgment creditor can enforce their judgment by either placing a lien on real property, garnishing wages, or placing a levy on a bank account. The... Read more »

1 Answer | Asked in Bankruptcy, Estate Planning, Foreclosure and Real Estate Law for California on
Q: Can a joint tenant/owner have a lien put on house (primary residence) if other owner passes away with credit card debt?

California atty. preferred:

My mother and grandmother live in Seal Beach Leisure World.

If they are both co-owners and residents (joint tenancy) of this property and one passes away (God forbid) with some credit card debt, can the creditor(s) put a lien on the property postmortem... Read more »

Timothy Denison
Timothy Denison answered on Sep 28, 2020

It can be place on there While the parties are alive. If the debtor passes first, the creditor must remove the lien or risk blemishing title. If the non debtor dies first, besting title in the living debtor, creditors are free to collect on the debt and the lien is secured.

2 Answers | Asked in Civil Litigation, Real Estate Law, Bankruptcy and Foreclosure for California on
Q: Can a joint tenant/owner have a lien put on house (primary residence) if other owner passes away with credit card debt?

My mother and my grandmother live in Seal Beach Leisure World.

If they are both co-owners and residents (joint tenancy) of this property and one of them passes away (God forbid) with some credit card debt, can the creditor(s) put a lien on the property even though the person passed away... Read more »

David Luther Woodward
David Luther Woodward answered on Sep 27, 2020

You really need a California lawyer to respond to this question, but under traditional common law principals (which may not be so common in California) a lien for debt does not arise until it has been reduced to judgment. Thereafter there is a process, pretty much unique to each state, on the... Read more »

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3 Answers | Asked in Bankruptcy, Family Law, Banking and Child Custody for California on
Q: My sister forged my signiture on power of attorney papers
Timothy Denison
Timothy Denison answered on Sep 7, 2020

What is your question.

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3 Answers | Asked in Bankruptcy for California on
Q: I have question about filing Chapter 11 claims form 410

I have a gas and oil lease with company and company has file bankruptcy U S Court Houston, TX. And I am trying to file form 410 but having a problem understanding a question. Need Help

David Luther Woodward
David Luther Woodward answered on Aug 19, 2020

The simple answer is to hire a lawyer.

The Bankruptcy Code is every bit as arcane and complicated as the Internal Revenue Code and it is not a field for amateurs.

Good Luck

d

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4 Answers | Asked in Bankruptcy for California on
Q: Will Chapter 7 Trustee tries to sell my property if I have equity little more than the homestead exemption amount?

Depends on which home listing sites we look at, I can have $100,000 equity or $130,000. My understanding of California Homestead Exemption who is living with a family member is $100,000.

Will Trustee use the higher estimated value and proceed to sell my property? Is there such a range where... Read more »

Aaron Michael Lloyd
Aaron Michael Lloyd answered on Aug 15, 2020

If you qualify to use the California exemptions (i.e. residing in California for a certain amount of time) then depending on your circumstances you may have the option to use the $100,000 homestead exemption (there are certain requirements needed to be qualified to take the $100,000 homestead... Read more »

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5 Answers | Asked in Bankruptcy for California on
Q: Should I file for bankruptcy to get out of a timeshare
Bahram Madaen
Bahram Madaen answered on Aug 10, 2020

I don't think so. Most of the time, a timeshare owner needs to negotiate, give notice before going to bankruptcy. they ave first to foreclose on the timeshare before filing any claim against you. Bankruptcy should be your last resort.

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5 Answers | Asked in Bankruptcy and Tax Law for California on
Q: Can I do a Bankruptcy for Property Taxes if paying it will cause Financial Burden to family and get a fresh start?

Five years behind waited because I didnt know what to do and pay for it but I understand to pay now but its like cant get a loan due to bad credit not working due to Covid.

Peter Maurice Lively
Peter Maurice Lively answered on Aug 10, 2020

You can repay real property taxes through a 5 year chapter 13 plan.

You can allow the tax collector to auction the real property to pay the property taxes, so that you don't owe the property taxes individually.

You can NOT keep title to the real property and discharge the...
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4 Answers | Asked in Bankruptcy for California on
Q: Wat happen with my case
Aaron Michael Lloyd
Aaron Michael Lloyd answered on Jul 23, 2020

Hello,

Did you file a bankruptcy case?

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4 Answers | Asked in Bankruptcy for California on
Q: Can a credit card company included in a chap 7 bankruptcy from 2016 still report as current account on your report?.

I filed for chap 7 bankruptcy in 2016 and it was discharged.

I’m checking my report and it shows that 3 of the accounts I filled for are reporting as current accounts that will be dropped by 2023.

The others are reporting as included in bankruptcy and will be dropped by 2023.... Read more »

Harlene Miller
Harlene Miller answered on Jul 20, 2020

The creditors should not be reporting on your credit report other than to indicate that the debt was included in a bankruptcy. You can file a dispute with the credit reporting agency. Although, if the accounts are being reported as current and not delinquent, I don't know that they are... Read more »

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4 Answers | Asked in Banking and Bankruptcy for California on
Q: Objectively, can creditors in Chapter 7 garnish checking account money from State and Government benefits?

Benefits including Social Security, stimulus check and Unemployment Insurance due to Covid-19 in California.

Harlene Miller
Harlene Miller answered on Jun 15, 2020

Question not specific. Are you currently in a chapter 7 bankruptcy case? If so, creditors are stayed from collecting from you - no matter what the source of the funds. Upon filing a bankruptcy, any garnishment in place is stopped. Talk with your bankruptcy attorney - hopefully you have one... Read more »

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4 Answers | Asked in Banking and Bankruptcy for California on
Q: Hello, I am receiving unemployment insurance in my checking account after the 341 meeting of creditors chapter 7 in Ca

No creditor showed up for my 341 meeting. Can they still take money from my checking account? Thanks!

Harlene Miller
Harlene Miller answered on Jun 15, 2020

So long as you listed all of your creditors, they are controlled by your bankruptcy and the automatic stay that stops them from trying to collect from you or take money from your checking account. Be sure that if a creditor had a judgment against you, which would have allowed them to levy your... Read more »

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3 Answers | Asked in Bankruptcy for California on
Q: Can a towing company charge me over $4,000 for the time it's been there when they sold the car to someone else?

My brother parked a car that was under my name on a parking spot he wasn't supposed to. So the towing truck towed it away and are charging me a bill of almost $4,000. We never took the car out. The towing company said they sold the car, but since it was under my name while it was in there,... Read more »

Harlene Miller
Harlene Miller answered on May 15, 2020

The towing company is allowed to sell a vehicle that is towed and not picked up by the owner. They sell them to cover the storage fees - which they are allowed to do. If they sue you for the fees, you need to resolve it or they can get a judgment against you. You can choose to do nothing right... Read more »

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4 Answers | Asked in Bankruptcy and Estate Planning for California on
Q: What happens to assets & property in a revocable trust upon the trustor's death if in the process of bankruptcy?

My mother just passed away. She has a revocable trust, of which I am trustee/executor, state of AZ. She was in the process of filing bankruptcy but did not officially file with the court yet. What are my responsibilities as trustee? Do the beneficiaries have a right to the proceeds from the sale of... Read more »

Peter Maurice Lively
Peter Maurice Lively answered on May 14, 2020

Yes, you should immediately contact your mother's bankruptcy attorney and advise this person of her death. You are best advised to seek a consultation with an Arizona wills and trusts that attorney regarding your responsibilities and duties as trustee of her trust which is no longer revocable... Read more »

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1 Answer | Asked in Bankruptcy and Small Claims for California on
Q: Bankruptcy and the trustee, where is the justice?

towed, left her stranded and no way to get her kids to school, took her friend to court and won the judgment after several attempts to collect with even the judge ordering her to make payments she forfeited and so the judge granted us the full payment and she still refused to make any kind of... Read more »

Timothy Denison
Timothy Denison answered on May 6, 2020

If the discharge is granted to the friend, your girlfriend will be enjoined from trying to collect that debt in the future. Probably should hire a lawyer to see if they can obtain the money for you. It can be a very frustrating process.

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