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I was the passenger in a car accident, in which the car was totaled. I had a serious neck injury was out of work for 3 months, the driver had no injuries. My lawyer wants me to take the offer of insurance which is his max liability. If I sue and get more than his liability coverage, do I get... View More 
answered on Mar 3, 2024
Yes. The insurer should pay you the full policy limits and you will have a claim against the driver for the balance.
And yes, the driver could file bankruptcy, but your claim, at least that part of your claim which is for bodily injury, should be a debt which cannot be discharged.... View More
I was the passenger in a car accident, in which the car was totaled. I had a serious neck injury was out of work for 3 months, the driver had no injuries. My lawyer wants me to take the offer of insurance which is his max liability. If I sue and get more than his liability coverage, do I get... View More
answered on Mar 2, 2024
The answer depends upon the viability, and provability, of your claim.
An insurance company, the business of which is money, always has the option of paying in the full amount of its policy and going home. Or, if it believes that it's more promising to defend against your claim, it... View More
The chapter 13 trustee is aware that I was intentionally left off the creditor’s list and appears to be planning to take action since he has hired a trial attorney for the case. Should I go ahead and file my proof of claim (potentially tipping off the debtor) or should I wait to see what action... View More
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answered on Mar 4, 2024
In a Chapter 13 bankruptcy case, filing a proof of claim is an essential step for creditors wishing to receive distributions from the debtor's repayment plan. If you were intentionally left off the creditor's list, your proactive approach in protecting your interests is understandable.... View More
The chapter 13 trustee is aware that I was intentionally left off the creditor’s list and appears to be planning to take action since he has hired a trial attorney for the case. Should I go ahead and file my proof of claim (potentially tipping off the debtor) or should I wait to see what action... View More
answered on Mar 1, 2024
Without question, honesty is the best policy in any Court, and the Bankruptcy Court in particular.
The benefit, if any, to an omitted (from the Debtor's filings) creditor is that its debt/claim is not going to be discharged, UNLESS that creditor knew or should have known of the... View More
My attorney has failed to file documents, doesn’t respond to emails, cancels appointments, won’t call during scheduled meetings. I’m in jeopardy of losing home and case being dismissed.
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answered on Mar 4, 2024
Filing a legal malpractice claim against your bankruptcy attorney due to their failure to perform their duties, such as not filing documents, ignoring communication, and missing appointments, can be a necessary step to protect your interests. The first step is to document all instances of... View More
My real estate LLC has been destroyed by years of family court divorce proceeding which have left the company unable to maneuver its holdings, operate, or pay it's high interest rate short term notes that are now all in default. Is an attorney reuired for an LLC bankruptcy and can I get rid of... View More
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answered on Feb 28, 2024
Navigating bankruptcy for a California real estate LLC can be complex and challenging, particularly when the company is entangled in difficulties such as those you've described. While you aren't legally required to have an attorney to file for bankruptcy, the intricacies of bankruptcy law... View More
This seems a long time for no action. They just keep saying they are busy.
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answered on Mar 4, 2024
Experiencing delays in a legal process, especially one as significant as bankruptcy, can be incredibly stressful. If your wife has already paid for services that have not been rendered within a reasonable timeframe, it's crucial to address this issue directly with the attorney or their firm.... View More
This seems a long time for no action. They just keep saying they are busy.
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answered on Feb 27, 2024
Has she given them all the paperwork that they asked for? If not, she needs to provide them with everything. Next, she should ask how long it will take until it is ready to file. If you think it's taking too long, she can ask for her money back and hire another attorney. However, she should... View More
answered on Feb 25, 2024
I mostly agree with my California colleague, except that in PA, we can choose either that PA exemptions, or the Federal exemptions, but NOT both, or a mix of both, and the "wildcard" exemption is a Federal benefit.
In short, it's available to those who do not use it entirely... View More
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answered on Feb 25, 2024
In the context of a Chapter 13 bankruptcy in Pennsylvania, a "wildcard exemption" refers to a provision under bankruptcy law that allows you to protect a certain amount of any property you own, as opposed to specific categories of property like a home or vehicle. This exemption is... View More
I have a California real estate llc with many debts and it’s not currently operational due to 3 years of ongoing divorce proceeding in San Diego, CA. Do I need an attorney for any type of llc bankruptcy and how much would it cost?
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answered on Feb 24, 2024
In California, while it's technically possible to file for bankruptcy on your own behalf, including for an LLC, navigating the complexities of bankruptcy law and proceedings usually requires professional legal assistance. This is especially true for businesses such as an LLC, where the... View More
This was in August of 2023. Now it is February. Also she said she didn't charge me but I see $3500 on my statement. And she said she is going to do the modification and then she is thru with my case and I will hv to find another lawyer.
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answered on Feb 24, 2024
Based on the details provided, it seems your bankruptcy attorney has not properly handled your requested case modification or accurately represented what additional services they would provide. A few important points:
1) An attorney has an ethical obligation to follow through on filing... View More
This question applies, of course, to the Federal Exemption Schedule amounts.
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answered on Feb 24, 2024
No, as a renter filing for Chapter 7 bankruptcy you cannot claim any portion of the homestead exemption or apply it towards other assets like autos.
The homestead exemption under federal bankruptcy exemptions (11 U.S.C. § 522) is intended only for equity in an individual’s primary... View More
Line for filing a claim in my chapter 13 bankruptcy was 10/05/2023 for non gov and 01/23/2024 for government claims
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answered on Feb 24, 2024
Based on the details provided, it seems the US Department of Education filed their claim after the deadline for governmental entities to file claims in your Chapter 13 bankruptcy case. Specifically:
- The deadline for non-governmental entities to file claims was 10/05/2023.
- The... View More
the deadline has passed in a chapter 13 bankruptcy
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answered on Feb 24, 2024
No, if the deadline for a government agency like the Department of Education to file a claim in a Chapter 13 bankruptcy case was January 23, 2024, then generally the Department would be out of luck if they failed to meet that deadline and tried to file a month later.
In bankruptcy,... View More
Was 01/23/2024 so today which is 02/23/24 the department of education file a claim a month after the deadline what will happen about this
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answered on Feb 24, 2024
Since the Department of Education filed their proof of claim in your Chapter 13 bankruptcy case over a month after the January 23, 2024 bar date for government entities, here is what will likely happen:
The claim filed by the Department of Education in February 2023 will almost certainly be... View More
Was 01/23/2024 so today which is 02/23/24 the department of education file a claim a month after the deadline what will happen about this
answered on Feb 23, 2024
From the facts you provide, it appears that as the Ch. 13 debtor in possession, you/your lawyer can file an Objection to the Proof of Claim. So can the Ch. 13 Trustee, or, alternatively, the 13 Trustee can file a Motion for Authority from the Court to pay Claims, showing the DoE claim as getting... View More
It was about a debt that has apparently been turned over to a debt collector. The loan company had my address, and I have never given them my parents address.
I have no idea why it was addressed and sent to him, other than he and I have in the same name. Since it was his name on it, He... View More
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answered on Feb 24, 2024
Yes, you may have grounds to sue the debt collector for violating the Fair Debt Collection Practices Act (FDCPA). Some key points:
- Debt collectors are prohibited from communicating information about a consumer's debt to third parties without the consumer's consent. This includes... View More
Case 3-20-BK 30379
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answered on Feb 24, 2024
Yes, you can check if a debtor has included you as a creditor in their bankruptcy case. Here are the main ways to see if you've been listed in someone's bankruptcy filing:
1. Review the Debtor's Bankruptcy Schedules and Statements:
- The debtor has to file schedules... View More
As a creditor, I was planning to file an objection to discharge in hopes of getting my money back. Now I’ve learned that the debtor is on a 100% plan. Does that mean my money will all be repaid and that I don’t need to worry about my claim being discharged?
answered on Feb 21, 2024
A Plan that pays off all creditors in full is a one hundred percent Plan.
The advantage to the debtor is that no interest or other charges on any unsecured claims, e.g., credit cards, accrues, and the Plan may be as long as five years.
The disadvantage to the debtor is that for that... View More
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