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California Bankruptcy Questions & Answers
2 Answers | Asked in Bankruptcy for California on
Q: Is it possible to still have my corporation as self employed if I file a chapter 7 on the personal side?

I'm a owner operator truck driver and debt has piled up. I'm roughly at $25,000 on credit cards and other obligations has caused me to go under water quite a bit.

I'm 2 years in with my corporation self employed, and both years of tax returns are showing $30k or less after write offs.... Read more »

Harlene Miller
Harlene Miller answered on Nov 25, 2019

I am unclear as to what you are considering and why. Personal chapter 7 or corporate? Both represent issues that can only be addressed with more information from you. I urge you to contact a bankruptcy attorney to discuss these options and issues. Several of us offer a no charge consultation... Read more »

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2 Answers | Asked in Bankruptcy, Business Law, Civil Rights and Constitutional Law for California on
Q: Shay from Pro_Hydro Ihave a civil matter current with bribes over my head and want to run leins on commercial props.

Its State & Federal and its quadzillions well more but yah and from start of filing tell now with being served it's still going on so I thought leins to start asap Motel , Parking garage and cars and 2 check cashing stores

Timothy Denison
Timothy Denison answered on Nov 23, 2019

What is your question?

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3 Answers | Asked in Bankruptcy for California on
Q: What documents do I need to supply the trustee for a chapter 7 in San Diego?
Aaron Michael Lloyd
Aaron Michael Lloyd answered on Nov 22, 2019

It depends on your case but usually most recently filed tax returns, 60 days paystubs, retirement account statement, life insurance policy, vehicle payoff statement if financing, vehicle lease if leasing, and at least 1 month bank statements. However, this is not an inclusive list and each case is... Read more »

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3 Answers | Asked in Bankruptcy for California on
Q: Kept a car through bankruptcy. its not on my credit but still paying for it. what happens if I let it go?

Bad credit before bankruptcy. Needed a car. High % rate. Car not worth anything now and still owe $8000. Still paying for it and its not on my credit. will it hurt me if I let it go?

Harlene Miller
Harlene Miller answered on Nov 21, 2019

Did you list the creditor in your case? Did you sign a reaffirmation agreement? Has you bankruptcy case concluded with a discharge?

These are critical issues related to your question. Please resubmit with more information, or contact me.

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3 Answers | Asked in Bankruptcy for California on
Q: Hello, 4 years into chapter 13 plan have relocated to new state unable to make remaining payments income loss health

We now live in Iowa how do I convert to a chapter 7 Some of the remaining $8000 owed in my plan is to my attorney which is a bit awkward what are my options. Would I have to fly to California to attend the meeting of creditors or can it be done remotely given the expense to travel

Harlene Miller
Harlene Miller answered on Nov 16, 2019

A chapter 13 case can be converted to chapter 7 at any time. It is a fairly simple form. I recommend you talk with your attorney or if he will not assist you because you owe him money, you will likely need to find another attorney to advise you about the conversion and have your attorney... Read more »

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6 Answers | Asked in Bankruptcy for California on
Q: Can you advise me with a senior bankruptcy issue?

I have outstanding, very high credit card debts it is unlikely I can ever satisfy. Is bankruptcy the answer?

Theodore Allan Greene
Theodore Allan Greene answered on Nov 15, 2019

Bankruptcy may well be the answer. There are limitations on who can file, etc... so you need to sit down with an experience Bankruptcy attorney and go over all your options.

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3 Answers | Asked in Bankruptcy for California on
Q: For an adversary proceeding regarding the discharge of student loan debt, what resources should I consult for guidel
Timothy Denison
Timothy Denison answered on Nov 4, 2019

Look at all the case law under student loan litigation, specifically in CA. They will give you an idea of what the Courts analysis will be so you can prepare for it.

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3 Answers | Asked in Bankruptcy, Criminal Law and Federal Crimes for California on
Q: What non bankruptcy codes can be used for exemptions in ch 13? For example, if the debt arose from a federal crime.

are there any other codes other than 703 and 704 and the federal codes listed?

Timothy Denison
Timothy Denison answered on Nov 4, 2019

The state exemptions where the bankruptcy is filed if they are permitted in that jurisdiction.

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4 Answers | Asked in Bankruptcy and Civil Litigation for California on
Q: I have been sued for $1,885.91 from credit card. Its a limited civil case. My last payment was 12/01/2015

It's past 3 years and do i have to go court or do try to call the credit card company?

Peter Maurice Lively
Peter Maurice Lively answered on Oct 21, 2019

The statute of limitations for breach of contract in California is four years. You might be able to resolve the lawsuit by contacting counsel for the credit card company and offering a settlement. You have a limited amount of time to file a written response to the complaint and you need to pay... Read more »

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1 Answer | Asked in Family Law, Bankruptcy and Divorce for California on
Q: I am a Grandmother I want to have visitation with my Grandchildren.Thier Mother doesn't let me or my Son see them

She is may be on drugs she is married to my son she has a boyfriend canmy son get help can I see my Granddaughters

Timothy Denison
Timothy Denison answered on Oct 16, 2019

Your rights are derived from your sons rights. You should have your son take her back to court for a parenting schedule and to enforce parenting time. Then you can see them during his parenting time.

4 Answers | Asked in Bankruptcy for California on
Q: Other than the $306 bankruptcy fee how much does an attorney charge in the Sacramento area to file a bankruptcy case?

The potential client is a 71 year old woman whose husband passed away on 9/6/19 and lives on a fixed income while taking care of her handicapped 42 year old son. She is now being inundated with creditor calls.

Ronald Holland
Ronald Holland answered on Oct 15, 2019

As I do, I think most attorneys will charge based on their experience, the complexity of the case and the circumstances of the potential client, including their income.

My standard fee for a chapter 7 filing is $1,650 plus the court filing fee of $335. This fee can be much higher for a...
Read more »

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2 Answers | Asked in Bankruptcy for California on
Q: I want to refi my house, am in ch 13. I know i need to get permission from the court but wish to file the forms myself.

I have the form for the refi, but do i need to also modify my plan? I dont pay my lender through the plan. Do i also need to file something to file these without an attorney?

Harlene Miller
Harlene Miller answered on Oct 1, 2019

If you don't have an attorney representing you in your Chapter 13 - I urge you to seek such assistance. The proposed refinance may impact your budget and therefore impact your plan which would require an amended plan. You may be able to meet with an attorney for advice about how to proceed -... Read more »

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3 Answers | Asked in Bankruptcy for California on
Q: My wife and I are legal residents of France and are fully health insured there. On a vacation trip to the USA my wife

suffered a stroke. Now the medical bills have been forwarded to collection agencies. I have sent all of them the contact information of our French medical insurances but they keep harassing us. What should I do?

Theodore Allan Greene
Theodore Allan Greene answered on Sep 24, 2019

You should send the bill to your French medical insurance company and ask if they cover such expenses.

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3 Answers | Asked in Bankruptcy for California on
Q: How can a senior citizen, in San Jose, CA....get free bankruptcy counsceiing?
Peter Maurice Lively
Peter Maurice Lively answered on Aug 28, 2019

If you don't receive any better options, then you could try contacting a local attorney member of the National Association of Consumer Bankruptcy Attorneys, using the find attorney feature at NACBA.org, and ask whether or not that attorney provides pro bono services directly or through association... Read more »

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6 Answers | Asked in Bankruptcy for California on
Q: I have some bad financial problems, I think. I am considering bankruptcy.

I have managed to get about 6 credit accounts back to a good, current status, but have about 7 getting worse everyday. Including two loans. They probably total about $25000 at the moment, and I am making about $700 a week and am not sure I can save everything. My credit has gone down to 500 and... Read more »

Bahram Madaen
Bahram Madaen answered on Aug 27, 2019

Sometimes, I advise my client to file bankruptcy since there is no other option. if you believe that there is no change in your situation, then bankruptcy is the right way to go. A chapter 7 bankruptcy will cost less than $1500 and will wipe all of your unsecured debts. Let me know if you need... Read more »

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4 Answers | Asked in Bankruptcy, Consumer Law, Foreclosure and Business Law for California on
Q: Sold gas station due to bankruptcy but lawyer may be taking advantage of a senior citizen. What to do?

My dad sold his gas station about a year ago (as it was in bankruptcy). He had to go through the court system to negotiate a deal with the buyer and was asked to pay a portion of the funds to lenders to pay off debt owed. He would still be left over with a good amount of money (close to $70k+). To... Read more »

Bahram Madaen
Bahram Madaen answered on Aug 26, 2019

Please contact the State Bar and file a complaint.

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2 Answers | Asked in Bankruptcy for California on
Q: I am currently in school, with a student loan that I have deferred payment on until after I graduate in 2020.

In the meantime, I am now going through a divorce, which has pushed me deep into debt and I am now considering bankcruptcy. I would however like to keep my student loans so that I can finish school. Will the student loan company drop me if I was already approved and I'm in the middle of school? Or... Read more »

Aaron Michael Lloyd
Aaron Michael Lloyd answered on Aug 23, 2019

I have not had a school drop someone because they filed bankruptcy, at least with my prior clients. Bankruptcy would wipe out your unsecured debts, however, as you may know most tax debt and student loans are not and you would still pay those back. You may be able to do a chapter 7 bankruptcy and... Read more »

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3 Answers | Asked in Bankruptcy for California on
Q: Can I be forced to sell my home?

I live in my homesteaded home and I co-signed on a home for my daughter which I have nothing to do with she lives in it with her children and has made all payments since the purchase. I am planning on filing a chapter 7 bankruptcy as I am 74 years old and make a little over 1000.00 a month on my... Read more »

Harlene Miller
Harlene Miller answered on Aug 16, 2019

I urge you to contact a bankruptcy attorney in your area. There are a lot of factors here that need to be considered. Whether or not your home is homesteaded, that does not necessarily mean that it is completely protected if you file bankruptcy. The Chapter 7 Trustee assigned to your case will... Read more »

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1 Answer | Asked in Bankruptcy and Construction Law for California on
Q: How do I find out if a construction company I hired has filed for bankruptcy?
Timothy Denison
Timothy Denison answered on Aug 15, 2019

Open an account at pacer.gov and you call search all federal databases.

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