California Bankruptcy Questions & Answers
Q: if a judgement s issued in a civil case then a stay is entered because a chapter 13 bankruptcy is filed
6 Answers
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Bankruptcy and Appeals / Appellate Law
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California
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Answered on Apr 6, 2019
Answered on Apr 6, 2019
Q: Is it possible to join the class action case #18-20254. It's been a year since they filed.
Harlene Miller's answer
If you received notice of the class action because you are a potential claimant based upon Navient school loans that you obtained, read the notice carefully and follow-up. Also, there is a site online - Navient student loan class action that has a lot of information and contact information. Some of this information may have been included in the notice that you may have received. I have no other information for you on this matter.
If you received notice of the class action because you are a potential claimant based upon Navient school loans that you obtained, read the notice carefully and follow-up. Also, there is a site online - Navient student loan class action that has a lot of information and contact information. Some of this information may have been included in the notice that you may have received. I have no other information for you on this matter.
Q: My husband is missing. How can I get permission to sell our home without his signature?
Theodore Allan Greene's answer
Do you have equity? Do you have any chance of finding your husband? You have some time until they start foreclosure so I would not panic yet. Once you stop making your mortgage payment they usually don't start the foreclosure process for at least 4 months. Then, assuming they start in 4 months, you have another 90 days before they can schedule a foreclosure sale at least 21 days later. So you should have around 7 months and 3 weeks. Do you have a lot of other debt like credit cards? Because if...
Do you have equity? Do you have any chance of finding your husband? You have some time until they start foreclosure so I would not panic yet. Once you stop making your mortgage payment they usually don't start the foreclosure process for at least 4 months. Then, assuming they start in 4 months, you have another 90 days before they can schedule a foreclosure sale at least 21 days later. So you should have around 7 months and 3 weeks. Do you have a lot of other debt like credit cards? Because if...
Q: Hello, I need help. My bankruptcy lawyer was paid to file a chapter 13 case and never did. Lost my home. Case?
Harlene Miller's answer
You may want to seek assistance from a legal malpractice attorney to evaluate a claim against the attorney. I suggest you do that as soon as possible. If you still require bankruptcy assistance due to other debt, seek assistance from the State Bar of California for referrals.
You may want to seek assistance from a legal malpractice attorney to evaluate a claim against the attorney. I suggest you do that as soon as possible. If you still require bankruptcy assistance due to other debt, seek assistance from the State Bar of California for referrals.
Q: Chapter 7 bankruptcy was discharged. Reaffirmation agreement was never signed, due to misplacement of paperwork?
Harlene Miller's answer
This is really not a bankruptcy question so I am unable to tell you how any of the options will affect your credit. However, you need to determine what is financially best for you. From my experience with other clients, if you use the car as a trade in, and money is still owed on the original loan, the new lender will likely include the balance in the loan for the new car. Redeeming the car is paying the current fair market value for the vehicle - so depending upon that value and whether you...
This is really not a bankruptcy question so I am unable to tell you how any of the options will affect your credit. However, you need to determine what is financially best for you. From my experience with other clients, if you use the car as a trade in, and money is still owed on the original loan, the new lender will likely include the balance in the loan for the new car. Redeeming the car is paying the current fair market value for the vehicle - so depending upon that value and whether you...
Q: Would there be a difference between equity in federal court and equity in state court.
Timothy Denison's answer
There should not be any difference, no, although there could be a great disparity between your possible federal exemption amount and your possible state exemption amount.
There should not be any difference, no, although there could be a great disparity between your possible federal exemption amount and your possible state exemption amount.
Q: How can I find out all the bankruptcy filings that happen. I may be interested in purchasing the company or assets.
Timothy Denison's answer
Go to pacer.gov, set yourself up an account and you can see all the bankruptcies file by region.
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.
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...
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
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.
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: Any help for chapter 13
Aaron Michael Lloyd's answer
Contact a local bankruptcy attorney that is licensed to practice law in your state.
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?
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....
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?
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.
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?
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...
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?
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...
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?
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...
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?
Timothy Denison's answer
You may be able to get a reduced rate attorney by contacting your local bar association or legal aid society.
You may be able to get a reduced rate attorney by contacting your local bar association or legal aid society.
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