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California Bankruptcy Questions & Answers
3 Answers | Asked in Bankruptcy for California on
Q: Can a towing company charge me over $4,000 for the time it's been there when they sold the car to someone else?

My brother parked a car that was under my name on a parking spot he wasn't supposed to. So the towing truck towed it away and are charging me a bill of almost $4,000. We never took the car out. The towing company said they sold the car, but since it was under my name while it was in there,... Read more »

Harlene Miller
Harlene Miller answered on May 15, 2020

The towing company is allowed to sell a vehicle that is towed and not picked up by the owner. They sell them to cover the storage fees - which they are allowed to do. If they sue you for the fees, you need to resolve it or they can get a judgment against you. You can choose to do nothing right... Read more »

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4 Answers | Asked in Bankruptcy and Estate Planning for California on
Q: What happens to assets & property in a revocable trust upon the trustor's death if in the process of bankruptcy?

My mother just passed away. She has a revocable trust, of which I am trustee/executor, state of AZ. She was in the process of filing bankruptcy but did not officially file with the court yet. What are my responsibilities as trustee? Do the beneficiaries have a right to the proceeds from the sale of... Read more »

Peter Maurice Lively
Peter Maurice Lively answered on May 14, 2020

Yes, you should immediately contact your mother's bankruptcy attorney and advise this person of her death. You are best advised to seek a consultation with an Arizona wills and trusts that attorney regarding your responsibilities and duties as trustee of her trust which is no longer revocable... Read more »

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1 Answer | Asked in Bankruptcy and Small Claims for California on
Q: Bankruptcy and the trustee, where is the justice?

towed, left her stranded and no way to get her kids to school, took her friend to court and won the judgment after several attempts to collect with even the judge ordering her to make payments she forfeited and so the judge granted us the full payment and she still refused to make any kind of... Read more »

Timothy Denison
Timothy Denison answered on May 6, 2020

If the discharge is granted to the friend, your girlfriend will be enjoined from trying to collect that debt in the future. Probably should hire a lawyer to see if they can obtain the money for you. It can be a very frustrating process.

2 Answers | Asked in Bankruptcy and Small Claims for California on
Q: Bankruptcy and the trustee, where is the justice?

towed, left her stranded and no way to get her kids to school, took her friend to court and won the judgment after several attempts to collect with even the judge ordering her to make payments she forfeited and so the judge granted us the full payment and she still refused to make any kind of... Read more »

Harlene Miller
Harlene Miller answered on Apr 30, 2020

The reality of chapter 7 bankruptcy is that the person filing must disclose all assets and debts. If assets are not disclosed then it might give rise to objecting to the debtor getting a discharge of debt. However, it requires the creditor objecting to consult with and retain a bankruptcy... Read more »

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3 Answers | Asked in Bankruptcy for California on
Q: What are reasonable attorney fees for a BK 13 case that was not confirmed. How can I see what the court would consider

What would the court consider excessive? The case was not confirmed they recommended dismissal now they want to take the whole 15 grand the trustee is holding

Ronald Holland
Ronald Holland answered on Apr 24, 2020

The attorney has to file a motion with the court and the judge has to determine what is reasonable. That is based on the time spend, what was done, whether the work was necessary and other factors.

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1 Answer | Asked in Bankruptcy for California on
Q: question how does one contact their bankruptcy trustee during covid-19 shelter in place? in northern ca.

I need to payoff a loan,I have had the funds since 3/15,the foreclosure attorney is being difficult and said the lender is in bankruptcy and the trustee needs to provide the payoff amount.He said that he will go ahead and file notice sale of trustee on my home even if he is the one delaying the... Read more »

Harlene Miller
Harlene Miller answered on Apr 17, 2020

I urge you to get an experienced bankruptcy attorney in the area where the case is - immediately.

3 Answers | Asked in Bankruptcy for California on
Q: I have a discharged bk chp 13 I wanted off my crdit report I dispued it with the agnecies what to do next?
Peter Maurice Lively
Peter Maurice Lively answered on Apr 16, 2020

The bankruptcy reference will automatically expire on your credit reports after 10 years. I'm not aware of any means of having it taken off your credit report prior to10 years from the petition date.

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3 Answers | Asked in Bankruptcy for California on
Q: I had my meeting with trustees 30 days ago. I put some money from my savings which was protected and bought stocks

Will this affect my bankruptcy. It was 800 dollars worth

Timothy Denison
Timothy Denison answered on Apr 10, 2020

No. Should not affect your bankruptcy.

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3 Answers | Asked in Bankruptcy for California on
Q: Does it do me any good to get a promotion or a better-paying job while in Ch. 13?

My Ch. 13 was filed and approved in the summer of 2017, so I am halfway through it. If I get a raise or a better-paying job now, does whatever additional income I get just go to paying a higher amount each month to the plan? Will I have to file a new budget and get a new approval from the court?... Read more »

Aaron Michael Lloyd
Aaron Michael Lloyd answered on Apr 7, 2020

Hello,

Generally, a debtor does have to report and update their bankruptcy papers if they start receiving more income. This increased income may or may not increase your plan payments. It may depend on the type of chapter 13 case you are in and if your expenses changed.

Depending...
Read more »

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2 Answers | Asked in Bankruptcy for California on
Q: I need help filing Chapter 7. I have counseling completed and most of the filing paperwork filled out. I can't afford

I am on very low income and unable to pay an attorney. I had health issues. Counseling completed. Most filing forms completed. Getting a Credit report soon.

Peter Maurice Lively
Peter Maurice Lively answered on Mar 26, 2020

Public Counsel provides pro bono assistance to some consumers. Alternatively, most consumer bankruptcy attorneys have a reasonable sliding scale for bankruptcy attorneys' fees based upon each client's ability to pay.

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5 Answers | Asked in Bankruptcy and Tax Law for California on
Q: Are income taxes from about 10 years ago dischargeable through chapter 7 bankruptcy?

My partner never filed the tax return for those years. I believe IRS filed substitute returns and the income taxes owed for each year were assessed a while ago. Do I need to file returns for those years before filing bankruptcy?

David S. Greenberg
David S. Greenberg answered on Mar 22, 2020

Assessments resulting from substitute for returns are not dischargeable in a Chapter 7 bankruptcy.

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2 Answers | Asked in Bankruptcy, Contracts and Education Law for California on
Q: I am in a financial debt that I am not suppose to be paying. How can I stop paying this loan?

I went to study abroad only because the program was going to help me pay my tution. When I arrived to the other country they said "sorry we can't help you. Get a student loan." I was in serious frustration and started to worry a lot because I did not know this was going to happen to... Read more »

Harlene Miller
Harlene Miller answered on Mar 16, 2020

I suggest you seek advice from an attorney in your area - perhaps a general litigation attorney or bankruptcy attorney. There are insufficient details in your submission for me to respond with any specifics. For instance, is the loan you have a student loan obtained from the Dept. of Education... Read more »

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2 Answers | Asked in Bankruptcy and Contracts for California on
Q: I want to know if I can sue somebody for breech if contract. I co signed but ended up in front and he returned the car

I co signed but ended up in front and we agreed on refinancing the car to get it out of my name and without my knowledge he voluntarily surrendered the car. Now he does not want to pay the collection bill , it was 8000 I called the finance company and lowered it to $4,500 and monthly payments of... Read more »

Harlene Miller
Harlene Miller answered on Mar 14, 2020

This is not really a bankruptcy issue - other than the fact that if he filed bankruptcy, he can list you as a creditor and seek to discharge his potential liability to you. If that occurs, then I can assist you in discussing what might be done. Otherwise, you can look into filing a small claims... Read more »

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2 Answers | Asked in Bankruptcy for California on
Q: My Chapter 7 meeting is on 3.3.20 at 1000. ? on removal of involuntary lien on mobilehome outside of attorney now

Because it took so long to get questions answered on further papers needed for filing, BofA filed a lien on mobile-home. Present attorney will charge another several thousand for removal. Is it possible to get it done for less with another attorney?

Harlene Miller
Harlene Miller answered on Mar 2, 2020

I recommend you contact other bankruptcy attorney's in your area. This isn't the forum for discussing fees. I also urge you to get information from your current attorney to find out more about the process of avoiding the lien to better understand your options and the basis of his... Read more »

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4 Answers | Asked in Bankruptcy for California on
Q: If someone already filed for bankruptcy, waiting for hearing in morning, can another lawyer deal with removing I-lien.

I understand all of what is needed for information on bankruptcy and the need for it with filing for involuntary lien removal. All I need is to find out what the average cost is to have it removed during the process of waiting for dismissal.

Peter Maurice Lively
Peter Maurice Lively answered on Mar 2, 2020

A debtor can substitute counsel of record and the new counsel for the debtor can prosecute lien avoidance motions. I have helped many debtors to reopen their chapter 7 cases for the purpose of prosecuting motions to avoid judgment liens as well as substituted into open cases for the same purpose.

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4 Answers | Asked in Bankruptcy for California on
Q: im negotiating a injury claim and injury stopped me from working and put me in financial ruin

Not sure when if getting settlement but I need to take of my creditors currently. If haven't settled yet Is that going to effect my bankruptcy. Is there a time period

Theodore Allan Greene
Theodore Allan Greene answered on Mar 2, 2020

you have to disclose the settlement or potential settlement to your attorney and the court. If you haven't filed a bankruptcy yet you should immediately talk to a bankruptcy attorney to go over your options.

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5 Answers | Asked in Banking and Bankruptcy for California on
Q: Bankruptcy and keep home?

Can we file bankruptcy and keep home?

Timothy Denison
Timothy Denison answered on Feb 27, 2020

Depends on home value, mortgages and equity in property. Those numbers are all needed for a ballpark guesstimate to answer your question.

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3 Answers | Asked in Bankruptcy, Collections and Landlord - Tenant for California on
Q: Hi, I do have eviction on my record. it's from last year. my previous land lord's lawyer keeps calling me to collect mo

LIVE IN CA, I do have eviction on my record. it's from last year. my previous land lord's lawyer keeps calling me to collect money. i can't make a peyment now. would they send it to a collection agency or suing me in court. if any of those happen could i still settle a payment with... Read more »

Harlene Miller
Harlene Miller answered on Feb 17, 2020

Whether or not you can negotiate payments with a creditor really depends upon the creditor's willingness to do so. Calling and telling them you have no money isn't going to resolve anything. I understand they evicted you but did they also sue you for the balance due to the landlord?... Read more »

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