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California Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy, Divorce and Family Law for California on
Q: what happens if judge awards op sanctions and i have no money? I am going to file bankruptcy. case is ongoing

After 3 years in divorce my narcissistic wife responded by filing for nullity of marriage based on claim she was not aware of my 1998 marriage ended due to my becoming type-1 diabetic, had an episode of DV, spent 3 years in prison for crazy charges. First wife we were together 20 years & no... View More

James L. Arrasmith
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answered on May 12, 2024

I'm so sorry you're going through such a difficult and painful situation. Dealing with a contentious divorce, false allegations, and financial hardship can be incredibly stressful and overwhelming, especially combined with serious health issues. Please know that you're not alone and... View More

1 Answer | Asked in Bankruptcy for California on
Q: In my bankruptcy the plan payment is $885 per month for five years. I know now that there will be and add $59000 Still

The bk plan payment I was to make was $885 a month.

How can they tell me I will be short $59000 at end of five years.

The court set the payment of $885. I have been making payments of 885.

James L. Arrasmith
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answered on May 7, 2024

I understand your confusion and frustration. It's important to note that while the court may have initially set your monthly payment at $885 for your Chapter 13 bankruptcy plan, there are a few reasons why you might be facing a significant shortfall at the end of the five-year period:... View More

2 Answers | Asked in Bankruptcy for California on
Q: I filed bankruptcy about 4 1/2 years ago. 6months left.i find out that I have to pay 59k more after my plan.

That

They want me to come up with another $59k

After paying my plan payment the court set up.

6 months left of payments.

They want me to

Pay additional $59k plus monthly payments of $885.within the next 6 months.

The payment plan was set up by court.

James L. Arrasmith
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answered on May 1, 2024

I understand that this is a very stressful and frustrating situation. It seems highly unusual for the court to suddenly require such a large additional payment so close to the end of your bankruptcy plan. Here are a few thoughts and suggestions:

1. Carefully review the notice you received...
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4 Answers | Asked in Bankruptcy and Foreclosure for California on
Q: Does only one person (husband or wife) have to file bankruptcy to stop Trust Deed Sale?

If our client wanted to stop a foreclosure on a property, and the note holders are husband and wife, do both husband and wife need to file bankruptcy to stop the Trust Deed Sale or can only one of them file?

Luis Manuel Paredes Jr
Luis Manuel Paredes Jr
answered on Mar 29, 2024

Either the husband or wife may file a bankruptcy petition to stop a deed of trust sale when husband and wife are both note holders for the mortgage, so long as the filing spouse qualifies for the bankruptcy protection through the automatic stay provided by the bankruptcy code under 11 U.S. Code §... View More

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4 Answers | Asked in Bankruptcy and Foreclosure for California on
Q: Does only one person (husband or wife) have to file bankruptcy to stop Trust Deed Sale?

If our client wanted to stop a foreclosure on a property, and the note holders are husband and wife, do both husband and wife need to file bankruptcy to stop the Trust Deed Sale or can only one of them file?

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Mar 27, 2024

The Bankruptcy Code provides an automatic stay against proceeding against the debtor/bankrupt and his property (very broadly defined by section 541 of the Code). And Chapter 13 provides a "codebtor stay", which would protect a non-filing spouse.

I'm in PA, and my practice...
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4 Answers | Asked in Bankruptcy and Foreclosure for California on
Q: Does only one person (husband or wife) have to file bankruptcy to stop Trust Deed Sale?

If our client wanted to stop a foreclosure on a property, and the note holders are husband and wife, do both husband and wife need to file bankruptcy to stop the Trust Deed Sale or can only one of them file?

James L. Arrasmith
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answered on Mar 27, 2024

In California, when facing a foreclosure signaled by a Trust Deed Sale, either spouse filing for bankruptcy can momentarily halt the sale due to the automatic stay provision. This provision immediately stops most creditors from proceeding with collection activities, including foreclosure. However,... View More

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3 Answers | Asked in Bankruptcy for California on
Q: We filed Chapter 7 Bankruptcy in 2011 and our Lawyer did not file a motion to avoid a lien,is there anything we can do?

The property is exempt on the statement of intention.

Leon Bayer
Leon Bayer
answered on Mar 15, 2024

You can expect to pay lawyer fees in the $3000 range for this work. Motions to reopen and to avoid a lien are routinely granted, provided you have sufficient evidence to demonstrate that the lien would have been avoidable during the original case.

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3 Answers | Asked in Bankruptcy for California on
Q: We filed Chapter 7 Bankruptcy in 2011 and our Lawyer did not file a motion to avoid a lien,is there anything we can do?

The property is exempt on the statement of intention.

James L. Arrasmith
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answered on Mar 14, 2024

While it can be challenging to address a lien that was not properly handled during a Chapter 7 bankruptcy case, there may still be options available to you, depending on the specific circumstances of your case. Here are a few potential avenues to explore:

1. Reopening the bankruptcy case:...
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1 Answer | Asked in Bankruptcy and Real Estate Law for California on
Q: Do I need an attorney for a california real estate LLC bankruptcy?

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

James L. Arrasmith
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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

1 Answer | Asked in Bankruptcy, Real Estate Law and Business Law for California on
Q: Is an attorney required in California for an llc bankruptcy to be completed

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?

James L. Arrasmith
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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

2 Answers | Asked in Bankruptcy for California on
Q: I am currently in Chapter 13, which was filed 9 months ago. In the past 60 days, I defaulted on my cell phone bill.

I cannot afford to pay my past due balance of $1200 and the carrier has now sent me an email stating that if I don't pay the past due bill that they will refer me over to a debt collector. What are my options here? What will happen with my bankruptcy if this creditor sends me to collections?

James L. Arrasmith
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answered on Feb 20, 2024

Under Chapter 13 bankruptcy in California, you are on a court-approved plan to repay your debts over a period of three to five years. If you've defaulted on a new debt, like your cell phone bill, during this period, it's important to address the situation promptly to avoid complicating... View More

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2 Answers | Asked in Bankruptcy for California on
Q: I am currently in Chapter 13, which was filed 9 months ago. In the past 60 days, I defaulted on my cell phone bill.

I cannot afford to pay my past due balance of $1200 and the carrier has now sent me an email stating that if I don't pay the past due bill that they will refer me over to a debt collector. What are my options here? What will happen with my bankruptcy if this creditor sends me to collections?

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Feb 20, 2024

Your confirmed Plan is your first stop- does it read that you will pay, directly, specific debts? If so, and your cell bill is among those, then you have violated your confirmed Plan, and the bankruptcy Trustee my file to convert or dismiss your case. (You don't say whether you are current... View More

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2 Answers | Asked in Bankruptcy for California on
Q: How often can an LLC file for Chapter 11 Bankruptcy?

I am a creditor in an Chapter 11 LLC Bankruptcy. The BK was discharged about one year ago. It appears as though the LLC will not be able to meet its obligations under the plan. The manager of the LLC is threatening another bankruptcy. is this allowed?

Leon Bayer
Leon Bayer
answered on Feb 19, 2024

It is not very common, but it does happen. Obviously, a repeat filing will be a harder row for them to hoe than the first case.

I suggest you get legal representation now, before they pull the trigger. With good representation maybe you can get them to provide you with concessions to make...
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2 Answers | Asked in Bankruptcy for California on
Q: How often can an LLC file for Chapter 11 Bankruptcy?

I am a creditor in an Chapter 11 LLC Bankruptcy. The BK was discharged about one year ago. It appears as though the LLC will not be able to meet its obligations under the plan. The manager of the LLC is threatening another bankruptcy. is this allowed?

James L. Arrasmith
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answered on Feb 20, 2024

In the context of U.S. bankruptcy law, there are no strict limits on how frequently an LLC can file for Chapter 11 bankruptcy. However, the feasibility of filing another Chapter 11 case shortly after a discharge depends on various factors, including the specifics of the previous case and the... View More

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2 Answers | Asked in Bankruptcy and Employment Law for California on
Q: Filing a claim for unpaid wages. The company filed chapter 11 in the state of Delaware. I need more information.

is there a fee I can collect. Other vendors were paid for their services on the date of the job. In addition they lied for months saying payment was being processed, knowingly this was filed.

Cristina M. Lipan
Cristina M. Lipan
answered on Feb 12, 2024

You will need to file a proof of claim either with the Bankruptcy Court or with the claims agent, if there is one. It depends on the Chapter 11 case. If there is a claims agent, there will be a website with the information needed to file a claim. If not, then you will want to check the Court's... View More

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2 Answers | Asked in Bankruptcy and Employment Law for California on
Q: Filing a claim for unpaid wages. The company filed chapter 11 in the state of Delaware. I need more information.

is there a fee I can collect. Other vendors were paid for their services on the date of the job. In addition they lied for months saying payment was being processed, knowingly this was filed.

James L. Arrasmith
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answered on Feb 21, 2024

In this scenario, since the company has filed for Chapter 11 bankruptcy in Delaware, it means they are undergoing a reorganization process to restructure their debts and assets. As a creditor owed unpaid wages, you have the right to file a claim with the bankruptcy court. You should gather all... View More

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1 Answer | Asked in Bankruptcy for California on
Q: Legal consequences of being unable to pay a debt consolidation company

My 80 year old family member has a loan being managed by a debt consolidation company and another personal loan which she put her car up for collateral on. She declared Chapter 7 finalized 1/2021. What will happen due to her not being able to pay these loans back?

James L. Arrasmith
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answered on Jan 28, 2024

If your family member is unable to pay the loans managed by the debt consolidation company and the personal loan with her car as collateral, there are several potential consequences. It's crucial to understand that each loan might be treated differently based on the terms of the loan and the... View More

2 Answers | Asked in Bankruptcy for California on
Q: Can you file chapter 13 back to back without discharge but for a repayment plan
James L. Arrasmith
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answered on Jan 26, 2024

In the context of Chapter 13 bankruptcy, filing back-to-back without a discharge from the first case is a scenario that requires careful consideration under the law. Typically, you can file for Chapter 13 bankruptcy again after a previous filing, but there are specific time limits and conditions... View More

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3 Answers | Asked in Bankruptcy, Criminal Law and Constitutional Law for California on
Q: After a warrant is issued, is there a time window where they are supposed to get you in front of a judge.

I've had a warrant for over a year. And they've never once have attempted to come to my residence to arrest me

James L. Arrasmith
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answered on Jan 22, 2024

Under California law, once an arrest warrant is issued, there is no specific time frame within which law enforcement must execute the warrant and bring you before a judge. However, once you are arrested on the warrant, the law does require that you be brought before a court without unnecessary... View More

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3 Answers | Asked in Bankruptcy, Criminal Law and Constitutional Law for California on
Q: After a warrant is issued, is there a time window where they are supposed to get you in front of a judge.

I've had a warrant for over a year. And they've never once have attempted to come to my residence to arrest me

Robert P. Taylor
Robert P. Taylor pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 22, 2024

Since your question is under the bankruptcy category I'm going to assume you got a warrant for failing to appear ready judgment debtor exam. If that's the case they generally don't come get you. But the warrant remains outstanding and if you ever get pulled over for a ticket,... View More

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