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California Bankruptcy Questions & Answers
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,...
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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...
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2 Answers | Asked in Bankruptcy, Criminal Law, Landlord - Tenant and Small Claims for California on
Q: It's been about 9 months since a UD case was dismissed. I was intentionally defamed, discriminated, falsely snt to Co

His scheme to play victim and try to retaliate again. He has cases such as this since 2000. Lost truck, collections asking for $38.675 calling it eviction aftermath and Mayhem. Despites and fixed. I have tons of evidence that I didn't get to show because my SC case heard 11/20. UD was... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Apr 11, 2022

this sounds like a UD Real Estate/ Civil Case, and I handle PI and DUI Matters.

However, if he is a flake, you may be throwing good money after bad.

a lawyer will not likely take on a case like this on a contingency.

instead, you will pay on an hourly basis.

if you...
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6 Answers | Asked in Bankruptcy, Collections and Landlord - Tenant for California on
Q: In California, does a Judgement continue to accrue interest after the 10 years time limitation?

In this case, 10 years have passed, there is no renewal, no attempt to collect or attempt to pay by any party. Does the interest continue beyond the 10-year time a judgement is valid? Is it possible to negotiate a settlement agreement to pay the original amount owed without the interest added and... Read more »

Tristan Brown
PREMIUM
Tristan Brown
answered on Apr 5, 2022

There is a possibility that a judgment creditor will negotiate a settlement for less than the debt amount owed; however, this is never guaranteed. A settlement agreement largely depends upon your circumstances (i.e., negotiation, the creditor, the debt amount, collection history, etc.).... Read more »

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1 Answer | Asked in Bankruptcy and Collections for California on
Q: California debt collection question...

I am being sued by an original creditor in California. The cause of action is both "account stated" and "open book".

1.) Do these two causes contradict one another?

2.) Why would the creditor select both?

3.) If I ask for a Bill of Particulars for the... Read more »

Gregory Mark Fitzgerald
Gregory Mark Fitzgerald
answered on Mar 20, 2022

Multiple causes of action is routine and are generally plead in the alternative. They can also prevail on all causes of action. They may also prevail on one cause of action and lose on the other. That is why they do that. Nor does the BOP have any impact on the alternative causes of action. The BOP... Read more »

3 Answers | Asked in Bankruptcy for California on
Q: Should I file for bankruptcy or settle law suit?

I make $20 an hour , I got behind on payments because I lost my job and I am in debt for $7000, all cards are in collection to debt agency charged off. One of them is suing me , I could settle that but I won't be able to settle all if any others come after me but may be able to pay monthly .... Read more »

Peter Maurice Lively
Peter Maurice Lively
answered on Mar 11, 2022

Provided that you take the necessary steps to seek reaffirmation of a vehicle loan, you don't lose the vehicle based upon the judge's decision.

Granting or denying a creditor's motion to approve the debtor's reaffirmation of a vehicle loan only impacts whether or not the...
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5 Answers | Asked in Bankruptcy, Banking, Federal Crimes and Social Security for California on
Q: I ran a credit report and found out someone used my credit to get a car loan. What should I do? Any one that can help me

I have the name of the loan company that issued the loan to this stranger that stole my identity. Can I file a lawsuit?

I live in Rosemead any lawyer near me

Yelena Gurevich
Yelena Gurevich
answered on Feb 23, 2022

first, you need to file an identity theft report with the FTC (and maybe your local police station).

Then you send a dispute to each credit bureau with a copy of the police report and ask them to remove the entry on your credit report. See annualcreditreport.com for instruction. Make...
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1 Answer | Asked in Bankruptcy, Contracts and Insurance Bad Faith for California on
Q: Can a general liability insurance policy under a corporation be claimed as an asset in a personal bankruptcy?

We are looking for lawyers who specialize in bankruptcy law and insurance coverage law to help us figure out our situation. In short, we had a contractor building a new custom home for us, abandon our job, file for bankruptcy and move out of state taking money with them that was intended for... Read more »

William John Light
William John Light
answered on Feb 14, 2022

Yes, it's an asset. You need to request relief from bankruptcy to proceed against the limits of the insurance policy. Also, the contractor's insurance policy does not provide coverage for shoddy work. It does provide coverage if your property is damaged by shoddy work, e.g., you have... Read more »

3 Answers | Asked in Bankruptcy for California on
Q: Hi. My lawyer has shown inadequate support through the whole Camp Fire and PGE bankruptcy lawsuit.

How do I find a lawyer that will represent me appropriately.

Tristan Brown
PREMIUM
Tristan Brown
answered on Feb 12, 2022

I’m sorry that you are not satisfied with your current attorney. Be sure to research legal databases (ie, Justia) for good bankruptcy attorneys.

It helps to check a lawyer’s reviews and experience to increase your chances of finding suitable representation.

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1 Answer | Asked in Bankruptcy for California on
Q: Can my bank account be frozen or garnished?

I'm over 70, income limited to two union pensions (both ERISA) and Social Security. I have credit card debt that's in the process of the creditor seeking a judgement. I have a credit union in Massachusetts but live in California, does Mass. law prevail or my actual residency (Mass. is... Read more »

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Feb 10, 2022

in my opinion, you're hitting the right legal bases.

Assuming that the pursuing creditor takes a judgment against you, that's only half the creditor's battle; collecting on the judgment is the other half.

You don't say where or whether your creditor has...
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3 Answers | Asked in Bankruptcy and Education Law for California on
Q: Can I go and run on my near by school field after school is over? 7 pm to 10 pm is that allowed?
David Luther Woodward
David Luther Woodward
answered on Jan 25, 2022

Unfortunately, although this is a legal question, I don't have an answer.

But you can find an answer by contact the owner of the school--be it public or private--and request permission. That will be dispositive of the matter

Good Luck

d

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2 Answers | Asked in Bankruptcy, Consumer Law, Criminal Law and Employment Law for California on
Q: Is incestuous a crime

Is incestuous a crime or just frowned upon

Timothy Denison
Timothy Denison
answered on Dec 26, 2021

Incest is a crime.

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1 Answer | Asked in Bankruptcy and Employment Law for California on
Q: Does discharging a lawsuit in bankruptcy discharge the original debt?

Filed personal chapter 7 bankruptcy. Listed a wage claim against me and the employee separately on the filing. Labor court took me off the case and listed in judgement I was not liable, only the business. Case was listed correctly so I’m good there. The employee’s address was incorrect on the... Read more »

Timothy Denison
Timothy Denison
answered on Nov 30, 2021

You should be in the clear.

2 Answers | Asked in Bankruptcy, Contracts, Personal Injury and Gov & Administrative Law for California on
Q: Default entered in Turner's favor

Enter default on pacer

Timothy Denison
Timothy Denison
answered on Nov 28, 2021

What is your question?

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6 Answers | Asked in Bankruptcy, Identity Theft and Small Claims for California on
Q: Can a bank collect a debt on a credit card 13 years after the last payment was made?

I was contacted by a law firm representing US Bank. For a credit card that was open in 2005 and payments made on it until 2008. A balance of 5000 was never paid. I have no recollection of this. It has never been on my credit report. It could have been opened by my ex wife. We were going through a... Read more »

Yelena Gurevich
Yelena Gurevich
answered on Nov 5, 2021

it is likely past the statute of limitations but an attorney would need to review what you are receiving and get more facts to further advise you.

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2 Answers | Asked in Bankruptcy for California on
Q: included in bankruptcy

I am part of the CWA Frontier CA. We do have a contract but I have a civil case against Frontier CA that all the actions within that Civil case are in the contract. Frontier has placed my case in the bankruptcy. I have been searching to have the dismissal of my inclusion. Any help is appreciated.

Timothy Denison
Timothy Denison
answered on Oct 22, 2021

Unless something is missing, your case will not be omitted from the bankruptcy as the debtor is required to include all creditors, which includes you.

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3 Answers | Asked in Bankruptcy, Personal Injury and Civil Litigation for California on
Q: WE'RE PLAINTIFFS IN CIVIL SUPERIOR CASE X 3 YRS AND WANT TO STOP CASE, HOW DO WE MAKE SURE WE WON'T PAY ANYDEFENSE FEES?

We need help with how we should word the motion filed to withdraw vs dismiss or what to call it? What is the best way to go about doing this to be 100% sure we are not responsible for the defendant's attorney fees and can the defense come back and try to sue us after we either withdraw or... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Sep 18, 2021

you really want to have an attorney contact them to try to get some money and then when they say no, to ask if I can get them to drop/dismiss the case, we would want a release agreeing that each side shall bear their own costs.

if they know you are going to give in, then they may not agree...
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