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California Bankruptcy Questions & Answers
2 Answers | Asked in Bankruptcy, Contracts and Banking for California on
Q: Can my sugar daddy get me jailed knowing that I don't have control of his money.

I'm kinda stuck and confused on something. I'm trying to leave my sugar daddy but he is trying to get me jailed because he thinking I'm trying to steal from but what happens was he put money in my account about $4000 but the money he put in was fraudulent. I told he that the bank... Read more »

Timothy Denison
Timothy Denison answered on Apr 18, 2021

Go to the bank. Sign a fraud affidavit and tell them what you know and you should be fine. You haven’t committed any crime.

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3 Answers | Asked in Bankruptcy and Collections for California on
Q: Bank of America is suing me for not paying business card debt of $7000. I feel this is unfair practice in a Pandemic

Bank of America is suing me for not paying business card debt of $7000. I offered them half, they didnt agree. I cant pay more since Covid has affected business and I need to pay my employees. $7000 is the pay of one employee in my office for 2 months. Bank of America is restricting my ability to... Read more »

Tristan Brown
Tristan Brown answered on Apr 17, 2021

I’m very sorry to hear about your current situation. The pandemic has placed countless individuals and businesses in detrimental positions due to little fault of their own. However, if the debt is legitimate, Bank of America has a right to file a lawsuit to recover the debt.

From my...
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3 Answers | Asked in Bankruptcy, Estate Planning and Collections for California on
Q: Can bank account be garnished due to delinquent student loan?

my 64 year old sister took out several student loans about 15 years ago. At that time, she was diagnosed with advanced stage ovarian cancer. She survived the cancer, but the treatments wiped her out financially and can no longer work. She has no income, no savings, and can't get a job due to... Read more »

Theodore Allan Greene
Theodore Allan Greene answered on Apr 11, 2021

Your question cannot be answered with only the information you have provided. Your will need to get a more in depth analysis with both an estate planning attorney and an accountant. And perhaps a bankruptcy attorney. Any money spent now will reap huge rewards down the road. Hopefully you are using... Read more »

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8 Answers | Asked in Bankruptcy for California on
Q: We are thinking of filing bankruptcy, one lawyer wanted to charge $4k, how can I find a more affordable option to file?

Our combined debt is about $40K and we cannot afford to pay such a high price for a lawyer right now. We want to be able to buy a home in the near future, and are considering settling each debt individually or filing BK if that would be more affordable.

Peter Maurice Lively
Peter Maurice Lively answered on Apr 8, 2021

Shop around. There are many competitive prices available from qualified attorneys who offer free consultations.

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4 Answers | Asked in Bankruptcy for California on
Q: Can I access bankruptcy records from 1998 for information as to assets claimed on them
Mr. Chad Van Horn
Mr. Chad Van Horn answered on Apr 6, 2021

Yes. You should start at pacer.gov. If they don't have the records there then go to the Bankruptcy Courthouse where the case was filed.

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3 Answers | Asked in Bankruptcy, Consumer Law and Contracts for California on
Q: How much can a pawnbroker charge in interest for money loaned in California ?

Gave jewelry as collateral- got a loan for $13000 = trying to buy back items from pawn broker who want $27942.26

Can they charge that much interest?

The paperwork states 45% charge annual is that loan sharking?

David Luther Woodward
David Luther Woodward answered on Mar 4, 2021

Yes it is, and probably they can. Pawnbrokers have the ability to charge massive interest rates under many state laws. I am not familiar with your state, but here in Florida it is confiscatory.

You only mention bankruptcy. Go see a good local bankruptcy lawyer (not one of those mills...
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4 Answers | Asked in Bankruptcy, Contracts, Copyright and Criminal Law for California on
Q: Can I use word "Minnie" in my brand title, brand logo. I only use "Minnie", not "Minnie Mouse", is it ok?

For example, my brand is: Pinky Minnie Couture or Destiny Minnie Arts ...

David Michael Lehr
David Michael Lehr answered on Feb 25, 2021

Not a criminal law question.

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3 Answers | Asked in Bankruptcy and Real Estate Law for California on
Q: I own a house with my parents. If dad goes bankrupt can they take the house?

Mom and dad are both late in their late 70's and I know dad has $25 - $35 thousand in credit card debt and his business has at least that much. I can make the house payment but if one dies I can't pay his bills. How would bankruptcy work in California.

At the risk of asking two... Read more »

David Luther Woodward
David Luther Woodward answered on Feb 24, 2021

You have posed a multi-part complex question that only be definitively answered by a talented real property/bankruptcy lawyer in California. For instance, you cannot just waltz down to the court house and "take your name off" a mortgage. You are also resident in a community property... Read more »

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3 Answers | Asked in Bankruptcy, Contracts, Admiralty / Maritime and Business Law for California on
Q: What option do we have to avoid bankruptcy as freight forwarder hit by per-diem charges for container storage?

We are a freight forwarder and at the brink of filing for bankruptcy. Our client, the shipper, ran out of warehouse space to accept shipments and instead had the trucking company hold the containers for over three months. The shipping company charges detention or per-diem fees for the containers... Read more »

Leon Bayer
Leon Bayer answered on Feb 23, 2021

You should immediately consult an attorney to review all the contracts and any other paperwork. Without seeing the contracts, there is no way to answer your question.

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2 Answers | Asked in Bankruptcy for California on
Q: Does the judge ever cut cost lawyer is charging if I'm going into chapter 7 lawyer dismissing 13 fees I owe 7000.00

Paid partial 2000.00 for filing 13 now not working and lawyer saids can pay later but I owe 7000.00 and must pay upfront to file 2400 for chapter 7 too . Do the courts look at I'm still going to be indebt and cut cost of amount I have to pay ? and car will have to pay lawyer to help me not... Read more »

Timothy Denison
Timothy Denison answered on Feb 15, 2021

Rarely unless the lawyer has not earned the fees.

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3 Answers | Asked in Bankruptcy for California on
Q: Is lawyer fees not totaled for extras in 13 is it Considered secured debt if Saids client to get house loan at end ?

Dismissing soon to file 7 lawyer is doing asked lawyer for itemized fees , never told me adding on 3000 plus already owe 5000 in trustee portal . I know that, If retainer said in chapter 13 I owe is this considered secured debt since they put I'd take loan on home to pay remainder if I... Read more »

Theodore Allan Greene
Theodore Allan Greene answered on Feb 15, 2021

It's hard to understand exactly what you are asking here. You should get clear answers from your current attorney. Ask for a sit down meeting and bring a list of your questions and make sure you understand the answers before leaving.

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4 Answers | Asked in Bankruptcy, Consumer Law and Collections for California on
Q: I sued by credit card company
Octavio Velarde
Octavio Velarde answered on Feb 11, 2021

You should file an Answer. Otherwise, they'll get a default against you. That should buy you time to figure out next steps, including filing for bankruptcy. Once you file for bankruptcy, you'll get an automatic stay on collection efforts. You can then get the case dismissed because... Read more »

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6 Answers | Asked in Bankruptcy for California on
Q: Came to an agreement with collections company. They didn't hold up their end. They're also harassing. What can I do?
Yelena Gurevich
Yelena Gurevich answered on Feb 8, 2021

You can file bankruptcy and eliminate the debt if you qualify. Call and attorney that practices bankruptcy and consumer protection law for a consultation.

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3 Answers | Asked in Banking, Bankruptcy and Identity Theft for California on
Q: Do I need a bankruptcy lawyer

Identity theft not caught until my credit card account was long depleted for my business

Ernest Charles Payne Jr
Ernest Charles Payne Jr answered on Feb 6, 2021

File a police report for the identity theft (PC 530.5, et. al.) and a fraud claim with the bank and/or credit card company. You should not need to file bankruptcy.

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5 Answers | Asked in Bankruptcy for California on
Q: I’m married & live in southern california & was planing to file chapter 13 separate from my husband, but now its a mess!

Last month I collected all the paperwork to file with a lawyer, but now my husband just told me he wants a divorce & for me to leave. We rent this house, but owner sides with him. The lawyer I was going to hire changed his mind today because I now have to move to northern california with... Read more »

Ronald Holland
Ronald Holland answered on Feb 3, 2021

As usual when attorneys don't adequately communicate, a lot of this doesn't make sense. Perhaps you just didn't understand all of what you were told, but more likely things weren't explained well.

If you are under median income with your husband, why would you file a 13...
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5 Answers | Asked in Bankruptcy for California on
Q: I need to know if I can file a Chapter 7 bankruptcy.

My income is below the median, but because my rent is quite low, I have about $500.00 left over each month after I pay my monthly expenses. Will the availability of the $500 each month prevent me from filing a Chapter 7?

Ronald Holland
Ronald Holland answered on Feb 2, 2021

The low rent will not usually affect your ability to file chapter 7 if your income is also low.

Get in touch if you are in the general Sacramento area and I will give you detailed information and advice.

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4 Answers | Asked in Bankruptcy for California on
Q: How do I file for bankruptcy? I lost everything due to Covid & don't qualify for help. My new business failed.

I launched a new business the day shelter in place in California occurred. I'd been building the business for over a year & living on savings that's gone. I was a teacher for 20 years and had to quit due to cancer. I don't qualify for government help though I've tried. I... Read more »

David S. Greenberg
David S. Greenberg answered on Jan 24, 2021

From what you've said, it would appear that Chapter 7 bankruptcy is the likely remedy for you.

It's best that you consult with a qualified bankruptcy attorney who will explain the entire process.

In our office, we provide consultations in that regard without charge.

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5 Answers | Asked in Bankruptcy for California on
Q: My estranged husband and I are going through a divorce, in September 2020 he filed for bankruptcy listing me as a credit

It was discharged December 2020 however I pulled his petition and he lied regarding his income. He failed to list his live-in girlfriend and her income towards household bills and he also claims our son lives with him when he signed over his rights for visitation a year ago. Has seen our son 8... Read more »

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Jan 2, 2021

A bankruptcy discharge can be revoked for fraud, but it must be initiated within 6 months of the entry of the discharge order.

The Bankruptcy Schedules are signed under penalty of perjury. If a bankruptcy debtor attests to a deliberate lie in the Schedules, the penalty for perjury is 5...
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4 Answers | Asked in Bankruptcy and Landlord - Tenant for California on
Q: Applicants filed for bankruptcy chap-7, two of their BK is discharged and one is FILED status. Should I rent my property

Applications including two co-applicants who have applied for my rental property have filed for BK chap-7. Two of the applicant's BK is in Discharge status (2018) but the third one's BK (Oct 2020) is in filed status. Should I rent my property for them? What are the pros and cons? Would my... Read more »

David Luther Woodward
David Luther Woodward answered on Dec 31, 2020

It appears that you are dealing with them in what we call "post petition". The fact that a Chapter 7 is pending may present an issue if the bankrupt proceeds without the consultation with his counsel, and probably the trustee, but I cannot see how your property would be included in any... Read more »

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2 Answers | Asked in Bankruptcy and Consumer Law for California on
Q: The judge in a chapter7 case, terminated motion of stay, gave creditor motion rule 9014-1(f)(3) and 4001-1

How much time does Movant have to reposed the vehicle?

Harlene Miller
Harlene Miller answered on Dec 19, 2020

The vehicle can be repossessed anytime after entry of the order granting the motion. I suggest you contact attorney that filed the motion and arrange a time for repossession. Be sure to remove your personal items from the vehicle. After repossession and sale, you may receive a letter regarding... Read more »

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