California Bankruptcy Questions & Answers

Q: How can I find out all the bankruptcy filings that happen. I may be interested in purchasing the company or assets.

1 Answer | Asked in Bankruptcy and Business Formation for California on
Answered on Feb 2, 2019
Timothy Denison's answer
Go to pacer.gov, set yourself up an account and you can see all the bankruptcies file by region.

Q: How do I transfer a bankruptcy case to family court? I am creditor, going through divorce.

2 Answers | Asked in Bankruptcy and Family Law for California on
Answered on Jan 28, 2019
Ronald Holland's answer
If assets were not yet divided by the family law court in a dissolution case, you may have a claim for some fo the value of the assets in the bankruptcy court, but that doesn't move the case to family law court.

The Automatic Stay will stop most of the action in the family law court and the assets/liabilities will be dealt with by the bankruptcy court. issues related to children and/or support are not stayed and can continue in the family law court.

Hopefully you already have a...

Q: im ready to dig up my money

2 Answers | Asked in Bankruptcy, Banking and Probate for California on
Answered on Jan 10, 2019
Aaron Michael Lloyd's answer
If you are interested in scheduling a bankruptcy consultation please contact one of us and we can get you in for a free consultation.

Q: What is the waiting period to file Chapter 7 that was converted from a Chapter 13?

4 Answers | Asked in Bankruptcy for California on
Answered on Dec 26, 2018
Timothy Denison's answer
Eight years from filing date.

Q: Any help for chapter 13

1 Answer | Asked in Bankruptcy and Foreclosure for California on
Answered on Dec 10, 2018
Aaron Michael Lloyd's answer
Contact a local bankruptcy attorney that is licensed to practice law in your state.

Q: How low an income do you have to have to file for Chapter 7?

7 Answers | Asked in Bankruptcy for California on
Answered on Dec 7, 2018
Ronald Holland's answer
This is a question best answered by an attorney in a personal consultation. Most bankruptcy attorneys will give you a free initial consultation.

I'm assuming that you are talking about "qualifying" under the "Means Test". The amount will be dependent on the county where you live and the number of people in your household and takes into account your entire household income. With the number of factors involved, this can't just be answered with a single number that covers everyone....

Q: Can I put my 30% ownership interest in a condo into an LLC in case I go bankrupt in a couple years so it can’t be taken?

4 Answers | Asked in Bankruptcy for California on
Answered on Nov 24, 2018
Ronald Holland's answer
This is the same answer as before. If you are the owner of the LLC, whatever it owns, in net assets, is an asset of yours. Seek legal advice from an experienced bankruptcy attorney. Trying to file bankruptcy by learning a few things online is going to get you into trouble. Hire someone to represent you that knows bankruptcy law thoroughly.

Q: Should I lower my ownership interest in a condo from 30 to 1 percent if I might go bankrupt? Will creditors catch that?

3 Answers | Asked in Bankruptcy and Real Estate Law for California on
Answered on Nov 24, 2018
Ronald Holland's answer
i see that you have asked this question before in a different way.

All assets that you own or have a right to must be listed in a bankruptcy filing.

Transfer of an interest in property is subject to a trustee recovering (reversing the transaction) for up to (or maybe beyond) 2 years prior to the filing date.

So if you own 1% or 30%, you must list that and you must be able to exempt your interest or the trustee can take it.

Additionally, if you transfer, for...

Q: My commercial tenant filed Chapter 11 bankruptcy. Do they have to serve us notice?

2 Answers | Asked in Bankruptcy and Landlord - Tenant for California on
Answered on Nov 19, 2018
Harlene Miller's answer
Notice of a bankruptcy filing is usually not sent by email. What was the source of the notice and what did you receive? I suggest you find a bankruptcy attorney local to you to check the status of the case. Chapter 11 is a very different type of bankruptcy, so it will be important for you to find an experienced attorney in Chapter 11 to properly advise you. Some of us offer an initial half hour consultation at no charge. You do have rights in the case as a creditor. You need to monitor...

Q: How can I find a gd Bankruptcy attorney that is experienced working for landlords whose commercial tenant filed CH 11?

2 Answers | Asked in Bankruptcy and Landlord - Tenant for California on
Answered on Nov 19, 2018
Harlene Miller's answer
Check with your state bar association for a list of bankruptcy attorneys that have Chapter 11 experience. Also, you can check online for bankruptcy attorneys in your area - look for attorneys who focus on bankruptcy in their practice - rather than a general practitioner that handles many areas of the law. You can also check with the state bar for a list of "certified specialist in bankruptcy" if such a certification is offered in Washington. I suggest also focusing on a bankruptcy attorney...

Q: Want to file to bankruptcy how can I do this being low income? Is there financial help with filing or a waiver?

1 Answer | Asked in Bankruptcy for California on
Answered on Nov 14, 2018
Timothy Denison's answer
You may be able to get a reduced rate attorney by contacting your local bar association or legal aid society.

Q: I want to file for bankruptcy? Can I get help with the fees since I’m low income? How to get a pro bono service help

5 Answers | Asked in Bankruptcy and Civil Litigation for California on
Answered on Nov 13, 2018
Peter Maurice Lively's answer
Public Counsel Law Center Los Angeles (213) 385-2977 might be able to help you. Several bankruptcy courts in the Central District of California have self-help desks. Fee waivers and fee payment plans are sometimes available by application to the court at the time you file your petition.

Q: I would like to know what to do about a NOTICE OF OBJECTION TO CLAIM? San Bernardino City Bankruptcy

3 Answers | Asked in Bankruptcy for California on
Answered on Nov 11, 2018
Cristina M. Lipan's answer
They included your claim in the bankruptcy filing as a potential claim - they include every possible claim. They want to completely get rid of this liability and have listed it under expunged claims. If you do nothing, nothing happens, but you also will no longer have any rights to proceed on this claim. If you would like to fight for the claim, you must reply and object now.

Q: What exactly is the "silent exemption" in Chapter 7 bankruptcy in California and how does it work?

4 Answers | Asked in Bankruptcy for California on
Answered on Nov 4, 2018
David S. Greenberg's answer
You are referring to the wildcard exemption of up to $28,225.00. You can use this exemption for any purpose, includin your $2,000.00 vehicle equity.

You can then use the remaining wildcard exemption of $26,225.00 as needed.

Please note that this is available if you are not using a homestead exemption on a personal residence.

Q: If we're already in foreclosure can we file for bankruptcy?

4 Answers | Asked in Bankruptcy for California on
Answered on Oct 31, 2018
Ronald Holland's answer
Yes! Chapter 13 is used by many people to not only stop the foreclosure, but the repay the past due mortgage while keeping the ongoing mortgage current. If that's your situation, you should talk to an experienced bankruptcy attorney in your area to find out if that would be a good option for you. You may be able to save your home, get caught up and take care of all of your other debt at the same time.

Q: How do people pay for bankruptcy attorneys if they're already in so much debt?

4 Answers | Asked in Bankruptcy for California on
Answered on Oct 18, 2018
Theodore Allan Greene's answer
Some people make payment plans. Like $100 per month until the balance is paid. Others have a family member make the payments. Others stop paying their debts (credit cards) and that frees up some money. Others still use a legal document preparer which is the WORST option as far as I'm concerned. They can't give legal advice and do NOT go to court with you. I have seen some poor folks in court about to lose the equity in their house because they used a document preparer who was no where to be...

Q: why didn't my California bankruptcy attorney list all of my creditors that I gave him

4 Answers | Asked in Bankruptcy for California on
Answered on Sep 29, 2018
Timothy Denison's answer
Maybe he overlooked them. You can always reopen (if closed) and add them after the fact.

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