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California Bankruptcy Questions & Answers
1 Answer | Asked in Foreclosure, Real Estate Law and Bankruptcy for California on
Q: My brother passed away in 2020; we were joint tenants on his house, I now own; Has his mortgage loan extinguished?

My brother purchased his home in 2002. He filed ch 7 bankruptcy; all debts discharged 7/8/11. On 12/14/09 he executed a Quitclaim Deed and made me a Joint Tenant with him on his house. I did NOT sign a reaffirmation agreement on his mortgage loan.

Joshua D. Brysk
Joshua D. Brysk PRO label
answered on Jan 19, 2023

I assume the loan only had his name and was made prior to the bankruptcy. We would need to know how it was treated in the bankruptcy--even with a discharge, he may have re-affirmed the debt making his estate liable. Regardless, your title is subject to the lien--liens are not automatically... Read more »

3 Answers | Asked in Bankruptcy for California on
Q: I need to file no asset bankruptcy. Can you help? Thank you.
Timothy Denison
Timothy Denison
answered on Jan 10, 2023

Try your local bar association or legal aid society. They maintain a list of free or reduced fee attorneys.

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3 Answers | Asked in Bankruptcy and Estate Planning for California on
Q: Is there a trust that can protect my asset (house) from bankruptcy?

I have our house in a revocable trust and need to transfer (or amend) to protect the assets from litigation/bankruptcy.

Cristina M. Lipan
Cristina M. Lipan
answered on Jan 4, 2023

An irrevocable trust would better protect the asset (generally), but there are ways to still get to the asset if it's shown to be a fraudulent transfer. You can't just hide your assets from creditors, and transferring the asset to an irrevocable trust on the eve of bankruptcy (or pending... Read more »

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2 Answers | Asked in Bankruptcy and Construction Law for California on
Q: Can an insurance still be liable to pay for damages after their client has filed for bankruptcy & license revoked?

A licensed contractor was hired to paint my house. They demolished parts, caused many expensive damages, then abandoned job. State Licensing Board investigated, agreed of damage & license was revoked. Contractor hid to not pay. I filed a claim with their insurance with 3 estimates of each... Read more »

Cristina M. Lipan
Cristina M. Lipan
answered on Dec 20, 2022

Whether the insurer is obligated to pay out on your claims depends on the terms of the insurance policy, but the bankruptcy itself should not affect that.

You need to retain an attorney if you don't have one (an attorney to proceed against the insurer can probably also deal with the...
Read more »

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2 Answers | Asked in Bankruptcy and Landlord - Tenant for California on
Q: I got a judgement against me, but was not served .

Record show that they served me by mail, yet at the time my mailbox for my apartment have been vandalized and was down for a while until the post office came in put in a new mailbox. I had no mail coming in. I never received the summons even when the mail was all delivered once the box was in... Read more »

Harlene Miller
Harlene Miller
answered on Dec 18, 2022

Several issues arise in this matter which you have not mentioned in your question. When did the creditor's claim arise: before or after you filed bankruptcy. (Not the judgment but when you knew this was a potential debt.) Was the creditor listed in your bankruptcy? Has your plan been... Read more »

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2 Answers | Asked in Bankruptcy and Construction Law for California on
Q: If payment for a contractor entered into my chapter 7 bankruptcy, and approved. What of civil suit and mechanics lien?

They charged for work never done, and caused damage. Was preliminary notice needed? Can they force sell my home?

Cristina M. Lipan
Cristina M. Lipan
answered on Nov 17, 2022

The mechanic's lien is a secured claim, secured against the property on which work was done. That doesnt go away just by virtue of the bankruptcy filing. You can file an adversary in the bankruptcy case though to get rid of it, if you believe it is based on fraudulent charges. Also, you want... Read more »

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3 Answers | Asked in Bankruptcy for California on
Q: Can I use the money i have to pay contractor suing me in civil for attorney? I am going thru bankruptcy at the moment?

I have tried to settle out of court and have offered paying more. They want payment for work never done to home.

Harlene Miller
Harlene Miller
answered on Nov 15, 2022

Your inquiry requires more information. Are you in a pending bankruptcy? If so, is it Chapter 7 or Chapter 13? Did you include the contractor as a creditor in your bankruptcy? Please provide more information in order to receive an appropriate response.

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3 Answers | Asked in Consumer Law and Bankruptcy for California on
Q: Hello my name is Salvador I recently got a paper at my job’s HR office that some company is trying to garnish my wages,

But I’ve never received a letter or any paperwork,and they said I didn’t showed up at court, so I’m asking for professional advise , they said that they served me a letter but I haven’t received anything, nor anyone at my house have seen anything like that,

Leon Bayer
Leon Bayer
answered on Nov 7, 2022

Dear Salvador, These things often take a person by surprise. You should see a bankruptcy lawyer immediately for advice. Most BK lawyers do not charge for advice and will give you a free consultation. Do you need to file for bankruptcy? Nobody knows. That's why you are being advised to see a... Read more »

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1 Answer | Asked in Bankruptcy and Collections for California on
Q: Can I sue for the loss of my belongings ? Car was repossessed and all my belongings were taken and lost after recovery
James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Oct 14, 2022

Likely, yes. Repossession of vehicles is regulated under California law. They cannot just take your property or destroy it.

3 Answers | Asked in Banking and Bankruptcy for California on
Q: I'm high I live in California I want to know what's the steps for filing bankruptcy

I got married last and I want to be able to since the

owe debts between $20,000 to $35, 000 and I have no income only my husband said he cannot afford to pay that

Harlene Miller
Harlene Miller
answered on Oct 10, 2022

Suggest you consult with a bankruptcy attorney in your area to analyze ability to file a chapter 7 in order to discharge the debt. You may find one on this site. Another option is checking with local bankruptcy court for possible Legal Clinic in your area for assistance.

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1 Answer | Asked in Bankruptcy for California on
Q: I have a bankruptcy 410 chapter 11 what do I do with it?

There was a racket probe of 478 million dollars.

Cristina M. Lipan
Cristina M. Lipan
answered on Sep 27, 2022

I believe you're referring to a proof of claim form received with respect to a chapter 11 bankruptcy case. If you have a claim against the Debtor, then you may fill out the claim, and attach supporting documentation. You may be able to fill out the claim online (depending on the court and... Read more »

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.
PREMIUM
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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