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California Bankruptcy Questions & Answers
4 Answers | Asked in Bankruptcy for California on
Q: Bankruptcy

I have a estimate of $5,000 debt, back rent of $8000 and a car loan I'm still wanting to continue to keep. I can't catch up on my rent or debt. I'm a single mom with my only income. Should I file for bankruptcy?

Aaron Michael Lloyd
Aaron Michael Lloyd
answered on Jun 28, 2022

Bankruptcy maybe able to provide you immediate relief if you have been trying to catch up on payments and debt for awhile now. Bankruptcy can get rid of back rent, credit card debt, medical bills, etc...You can likely keep your car in bankruptcy as bankruptcy law allows for a bit of protection for... Read more »

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4 Answers | Asked in Bankruptcy for California on
Q: Regarding Bankruptcy. I live in California.

I never have filed for bankruptcy and I'm thinking I need to. I need to know if this is the right thing to do. I also owe back rent and would like to know if that would be included?

Aaron Michael Lloyd
Aaron Michael Lloyd
answered on Jun 27, 2022

Bank rent can be included in bankruptcy. About how much back rent do you owe and how much other debt do you owe? Do you have income? What assets do you have? These are some questions that have to be answered to determine if bankruptcy is a good option for you.

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1 Answer | Asked in Bankruptcy for California on
Q: Lawyer wont return my Deposit after I decided not to procced and I have no contract signed

I put in a deposit to start my bankruptcy, I ended up settling with the card companies and canceling the the bankruptcy. I then asked for my deposit back since we didn't do a contract and the lawyer refuses to return it, says its a consultation fee when the receipt he gave me says deposit and... Read more »

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Jun 26, 2022

As you've never filed your bankruptcy case, the bankruptcy court has no jurisdiction over your claim.

It may be that the US Trustee's office, or the California Bar Association, would be the more appropriate agency to entertain your grievance.

4 Answers | Asked in Banking, Bankruptcy, Business Law and Contracts for California on
Q: Do I need a bankruptcy lawyer

Do I need a lawyer to help with a foreclosure

Tristan Brown
PREMIUM
Tristan Brown
answered on Jun 24, 2022

Whether you’re a landlord or tenant in the foreclosure process, it is advisable to consult a lawyer. The foreclosure process can be complex and you may need adequate legal representation to guide you along the way.

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4 Answers | Asked in Banking, Bankruptcy, Business Law and Contracts for California on
Q: Do I need a bankruptcy lawyer

Do I need a lawyer to help with a foreclosure

Timothy Denison
Timothy Denison
answered on Jun 24, 2022

Absolutely!

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2 Answers | Asked in Bankruptcy, Tax Law and Business Law for California on
Q: Need help to dissolve S Corp due to pandemic- Can someone help?

Fitness company- Officers are myself and husband. Devastated by pandemic and not able to recover. There’s unfiled back taxes and a recent $110k judgement from a defaulted business loan with me only as the personal guarantor. I hired a firm several months ago to help negotiate a settlement but... Read more »

Harlene Miller
Harlene Miller
answered on Jun 16, 2022

There are many issues you mention that far exceed what can be discussed on this site. I urge you to consult with an experienced bankruptcy attorney with broad experience: including creditor representation in order to explain the impact of a potential bankruptcy on the creditors and how they might... Read more »

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3 Answers | Asked in Bankruptcy for California on
Q: Hello,My family member is on disability and not working for 2 years. Has thousands dollars of debt on credit cards.

which was established during the education, and paying hundreds of dollars each month for the principal and interest since 2013. Trying to have help from the programs, e.g., related to COVID, but representatives did not help, just tried to involve into the new obligations.

I found you on... Read more »

Tristan Brown
PREMIUM
Tristan Brown
answered on Jun 13, 2022

Many have been affected financially by the COVID-19 pandemic. Bankruptcy may be an option for your family member. Your family member may also qualify for a fee waiver if he/she is on disability.

Be sure to consult to a bankruptcy attorney in your area.

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4 Answers | Asked in Bankruptcy and Collections for California on
Q: I'm 64 years old w/around $70k CC debt (mostly due to losing my job in March 2020. I need legal advice on how to get

a "judgment proof" (write off the debt) as I'm no longer in the country and have no means to return. I still use a friend's address in Walnut Creek for my social security and IRS. My wife was sick with an autoimmune disease so we had to live off CCs for the last two years). My... Read more »

Michael Jay Berger
PREMIUM
Michael Jay Berger
answered on Jun 7, 2022

If you no longer live in America, filing bankruptcy in California is not an option for you.

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4 Answers | Asked in Bankruptcy and Collections for California on
Q: I'm 64 years old w/around $70k CC debt (mostly due to losing my job in March 2020. I need legal advice on how to get

a "judgment proof" (write off the debt) as I'm no longer in the country and have no means to return. I still use a friend's address in Walnut Creek for my social security and IRS. My wife was sick with an autoimmune disease so we had to live off CCs for the last two years). My... Read more »

David Luther Woodward
David Luther Woodward
answered on Jun 7, 2022

It's a mathematical decision: you should complete the questionnaire that most firm want, and then decide from the result what you should do. Debt counseling, in my over 50 years of practice, don't want to send you through bankruptcy because that is not the way they make their money.... Read more »

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1 Answer | Asked in Bankruptcy for California on
Q: What statutes apply for damages from fraud on the court by attorneys as officers of the court in a BK adv. case?

I didn't see anything in FRBP. Because it's an adv case, does FRCP apply instead?

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on May 27, 2022

The Federal Rules of Bankruptcy Procedure are just that, procedural rules.

"Fraud on the court" is a serious accusation, and several statutes, as well as court and bar rules, may apply. Remember, proof of fraud is generally required to be proved by clear and convincing evidence,...
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2 Answers | Asked in Bankruptcy for California on
Q: Hello, I currently am in Chapter 13 bankruptcy and have been for a year. I would like to stop making payments so the

the case is dismissed and I can refile adding some additional debt. Is this possible.

Thank You.

Harlene Miller
Harlene Miller
answered on May 24, 2022

Were the debts you are talking about adding, incurred prior to the filing of your chapter 13 case or were they incurred since the filing? Also, a chapter 13 case can be dismissed voluntarily, by filing a request with the Court. I suggest you talk with a bankruptcy attorney directly to discuss... Read more »

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2 Answers | Asked in Bankruptcy, Contracts, Civil Litigation and Collections for California on
Q: In California, when a judgment goes beyond 10 years, does it still accrue interest?

Is a CA. judgment debt from an eviction still owed, even if it is past the statue of limitations? Does a judgment of type stand forever until paid?

Theodore Allan Greene
Theodore Allan Greene
answered on Apr 25, 2022

If you have a judgement it's usually for 10 years. You can then re-new for 10 more years but have to pro actively deal with it. It's not automatic. You used the term statute of limitations which is something completely different. You should sit down with an attorney and get some help so... Read more »

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1 Answer | Asked in Small Claims and Bankruptcy for California on
Q: I have to clear two expired; unsatisfied judgments. To negotiate a settlement, what type of lawyer do I need for this

I am pursuing a California professional state license that requires a credit check and might need to clear up some old judgments from 10 and 14 years ago. I can pay the amounts originally owed, but adding on the interest pushes beyond what I can afford. Is it possible to make this type of deal with... Read more »

Leon Bayer
Leon Bayer
answered on Apr 18, 2022

A bankruptcy lawyer should be able to provide you with legal advice and representation for this matter. In fact, both of those judgments may have expired and become unenforceable due to the passage of time, unless they were timely renewed.

2 Answers | Asked in Bankruptcy, Banking and Federal Crimes for California on
Q: okay so i recieved a check of 9,000 i thought i won it because of lottery i was playing i told the bank if it was real

he told me yes then i took money out next day , then they told me i deposit a check fraud can i go to jail

Tristan Brown
PREMIUM
Tristan Brown
answered on Apr 12, 2022

There are a number of prevalent scams involving fraudulent checks. I'm sorry to learn you that you may have been a victim.

Unfortunately, it is difficult to determine the possibility of criminal charges without knowing more details surrounding your situation. You did not mention how...
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2 Answers | Asked in Bankruptcy, Criminal Law, Landlord - Tenant and Small Claims for California on
Q: It's been about 9 months since a UD case was dismissed. I was intentionally defamed, discriminated, falsely snt to Co

His scheme to play victim and try to retaliate again. He has cases such as this since 2000. Lost truck, collections asking for $38.675 calling it eviction aftermath and Mayhem. Despites and fixed. I have tons of evidence that I didn't get to show because my SC case heard 11/20. UD was... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Apr 11, 2022

this sounds like a UD Real Estate/ Civil Case, and I handle PI and DUI Matters.

However, if he is a flake, you may be throwing good money after bad.

a lawyer will not likely take on a case like this on a contingency.

instead, you will pay on an hourly basis.

if you...
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6 Answers | Asked in Bankruptcy, Collections and Landlord - Tenant for California on
Q: In California, does a Judgement continue to accrue interest after the 10 years time limitation?

In this case, 10 years have passed, there is no renewal, no attempt to collect or attempt to pay by any party. Does the interest continue beyond the 10-year time a judgement is valid? Is it possible to negotiate a settlement agreement to pay the original amount owed without the interest added and... Read more »

Tristan Brown
PREMIUM
Tristan Brown
answered on Apr 5, 2022

There is a possibility that a judgment creditor will negotiate a settlement for less than the debt amount owed; however, this is never guaranteed. A settlement agreement largely depends upon your circumstances (i.e., negotiation, the creditor, the debt amount, collection history, etc.).... Read more »

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1 Answer | Asked in Bankruptcy and Collections for California on
Q: California debt collection question...

I am being sued by an original creditor in California. The cause of action is both "account stated" and "open book".

1.) Do these two causes contradict one another?

2.) Why would the creditor select both?

3.) If I ask for a Bill of Particulars for the... Read more »

Gregory Mark Fitzgerald
Gregory Mark Fitzgerald
answered on Mar 20, 2022

Multiple causes of action is routine and are generally plead in the alternative. They can also prevail on all causes of action. They may also prevail on one cause of action and lose on the other. That is why they do that. Nor does the BOP have any impact on the alternative causes of action. The BOP... Read more »

3 Answers | Asked in Bankruptcy for California on
Q: Should I file for bankruptcy or settle law suit?

I make $20 an hour , I got behind on payments because I lost my job and I am in debt for $7000, all cards are in collection to debt agency charged off. One of them is suing me , I could settle that but I won't be able to settle all if any others come after me but may be able to pay monthly .... Read more »

Peter Maurice Lively
Peter Maurice Lively
answered on Mar 11, 2022

Provided that you take the necessary steps to seek reaffirmation of a vehicle loan, you don't lose the vehicle based upon the judge's decision.

Granting or denying a creditor's motion to approve the debtor's reaffirmation of a vehicle loan only impacts whether or not the...
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5 Answers | Asked in Bankruptcy, Banking, Federal Crimes and Social Security for California on
Q: I ran a credit report and found out someone used my credit to get a car loan. What should I do? Any one that can help me

I have the name of the loan company that issued the loan to this stranger that stole my identity. Can I file a lawsuit?

I live in Rosemead any lawyer near me

Yelena Gurevich
Yelena Gurevich
answered on Feb 23, 2022

first, you need to file an identity theft report with the FTC (and maybe your local police station).

Then you send a dispute to each credit bureau with a copy of the police report and ask them to remove the entry on your credit report. See annualcreditreport.com for instruction. Make...
Read more »

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1 Answer | Asked in Bankruptcy, Contracts and Insurance Bad Faith for California on
Q: Can a general liability insurance policy under a corporation be claimed as an asset in a personal bankruptcy?

We are looking for lawyers who specialize in bankruptcy law and insurance coverage law to help us figure out our situation. In short, we had a contractor building a new custom home for us, abandon our job, file for bankruptcy and move out of state taking money with them that was intended for... Read more »

William John Light
William John Light
answered on Feb 14, 2022

Yes, it's an asset. You need to request relief from bankruptcy to proceed against the limits of the insurance policy. Also, the contractor's insurance policy does not provide coverage for shoddy work. It does provide coverage if your property is damaged by shoddy work, e.g., you have... Read more »

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