Get free answers to your Bankruptcy legal questions from lawyers in your area.
My credit debt payments are cutting into the food budget and rent just went up again. I have not missed a single credit card payment. My total debt is $23,232.54 and my monthly income is between $2500 to $2900. I currently hold 2 part time, minimum wage jobs and am enrolled as a full time student... View More 
answered on Oct 3, 2024
I've had scores of bankruptcy clients who have voiced deep regrets about debt consolidation groups.
Only a federal bankruptcy court, not any state court and certainly no debt consolidation group can provide a legal discharge of debt.
And with certain limited exceptions, no... View More
We got a second mortgage from Specialized Loan Servicing (SLS) in 11/2006. Now our house is in pre-foreclosure by a company called Real Time Resolutions (RTR).
In 2011, my wife and I filed bankruptcy (Ch 7). After our bankruptcy, we thought that debt was discharged. We never received any... View More
answered on Sep 30, 2024
With certain exceptions under the Bankruptcy Code, which must be initiated by the debtor, perfected liens against your residence are not discharged.
You either should have known that much or asked your bankruptcy attorney in 2011 while your case was open.
Assignments of Mortgage... View More
We got a second mortgage from Specialized Loan Servicing (SLS) in 11/2006. Now our house is in pre-foreclosure by a company called Real Time Resolutions (RTR).
In 2011, my wife and I filed bankruptcy (Ch 7). After our bankruptcy, we thought that debt was discharged. We never received any... View More
answered on Sep 30, 2024
You are not alone. Real Time Resolutions is currently holding many very old loans that are severely delinquent and is putting many unsuspecting homeowners into foreclosure.
Whenever there is a pending foreclosure, you have many options. You can request a loan modification, refinance the... View More
My wife and I were 25% each and my sister 50% owner's and officer's. Couldn't afford business BK, filed personal CH 7. CDTFA is liening my home for the debt.
answered on Sep 19, 2024
A person may be held personally liable for a business’ unpaid sales tax if the elements of California Revenue & Taxation Code (RTC) § 6829 and Regulation § 1702 are met. Section 6829 requires that the person subject to dual responsibility for the taxes is both a “responsible person” and... View More
My wife and I were 25% each and my sister 50% owner's and officer's. Couldn't afford business BK, filed personal CH 7. CDTFA is liening my home for the debt.
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answered on Sep 19, 2024
You can be held liable for the tax debt, and it appears that the CDTFA may have already made a dual determination if they placed a lien on your house.
A dual determination holds a person liable for a tax obligation shared with another, here, the corporation.
Under Revenue and... View More
I am a victim of the 2018 Camp Fire. Multiple times the court abused my civil rights. The judge refused to let speak on my behalf, lawyers voted for me with out being a client, bullied by the Tort lawyers, during litigation, and I was forced to represent my self because the lawyers refused to... View More
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answered on Jul 28, 2024
I'm really sorry to hear about your experiences with the PG&E Camp Fire litigation. Under California law, you have the right to file a complaint if you believe your civil rights were violated during the legal process. To start, you'll need to document all instances of perceived abuse... View More
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
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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
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
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
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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
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
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
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