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California atty. preferred:
My mother and grandmother live in Seal Beach Leisure World.
If they are both co-owners and residents (joint tenancy) of this property and one passes away (God forbid) with some credit card debt, can the creditor(s) put a lien on the property postmortem... View More 
answered on Sep 28, 2020
It can be place on there While the parties are alive. If the debtor passes first, the creditor must remove the lien or risk blemishing title. If the non debtor dies first, besting title in the living debtor, creditors are free to collect on the debt and the lien is secured.
My mother and my grandmother live in Seal Beach Leisure World.
If they are both co-owners and residents (joint tenancy) of this property and one of them passes away (God forbid) with some credit card debt, can the creditor(s) put a lien on the property even though the person passed away... View More
answered on Sep 27, 2020
You really need a California lawyer to respond to this question, but under traditional common law principals (which may not be so common in California) a lien for debt does not arise until it has been reduced to judgment. Thereafter there is a process, pretty much unique to each state, on the... View More
I have a gas and oil lease with company and company has file bankruptcy U S Court Houston, TX. And I am trying to file form 410 but having a problem understanding a question. Need Help
answered on Aug 19, 2020
The simple answer is to hire a lawyer.
The Bankruptcy Code is every bit as arcane and complicated as the Internal Revenue Code and it is not a field for amateurs.
Good Luck
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Depends on which home listing sites we look at, I can have $100,000 equity or $130,000. My understanding of California Homestead Exemption who is living with a family member is $100,000.
Will Trustee use the higher estimated value and proceed to sell my property? Is there such a range where... View More
answered on Aug 15, 2020
If you qualify to use the California exemptions (i.e. residing in California for a certain amount of time) then depending on your circumstances you may have the option to use the $100,000 homestead exemption (there are certain requirements needed to be qualified to take the $100,000 homestead... View More
answered on Aug 10, 2020
I don't think so. Most of the time, a timeshare owner needs to negotiate, give notice before going to bankruptcy. they ave first to foreclose on the timeshare before filing any claim against you. Bankruptcy should be your last resort.
Five years behind waited because I didnt know what to do and pay for it but I understand to pay now but its like cant get a loan due to bad credit not working due to Covid.
answered on Aug 10, 2020
You can repay real property taxes through a 5 year chapter 13 plan.
You can allow the tax collector to auction the real property to pay the property taxes, so that you don't owe the property taxes individually.
You can NOT keep title to the real property and discharge the... View More
I filed for chap 7 bankruptcy in 2016 and it was discharged.
I’m checking my report and it shows that 3 of the accounts I filled for are reporting as current accounts that will be dropped by 2023.
The others are reporting as included in bankruptcy and will be dropped by 2023.... View More
answered on Jul 20, 2020
The creditors should not be reporting on your credit report other than to indicate that the debt was included in a bankruptcy. You can file a dispute with the credit reporting agency. Although, if the accounts are being reported as current and not delinquent, I don't know that they are... View More
Benefits including Social Security, stimulus check and Unemployment Insurance due to Covid-19 in California.
answered on Jun 15, 2020
Question not specific. Are you currently in a chapter 7 bankruptcy case? If so, creditors are stayed from collecting from you - no matter what the source of the funds. Upon filing a bankruptcy, any garnishment in place is stopped. Talk with your bankruptcy attorney - hopefully you have one... View More
No creditor showed up for my 341 meeting. Can they still take money from my checking account? Thanks!
answered on Jun 15, 2020
So long as you listed all of your creditors, they are controlled by your bankruptcy and the automatic stay that stops them from trying to collect from you or take money from your checking account. Be sure that if a creditor had a judgment against you, which would have allowed them to levy your... View More
My brother parked a car that was under my name on a parking spot he wasn't supposed to. So the towing truck towed it away and are charging me a bill of almost $4,000. We never took the car out. The towing company said they sold the car, but since it was under my name while it was in there,... View More
answered on May 15, 2020
The towing company is allowed to sell a vehicle that is towed and not picked up by the owner. They sell them to cover the storage fees - which they are allowed to do. If they sue you for the fees, you need to resolve it or they can get a judgment against you. You can choose to do nothing right... View More
My mother just passed away. She has a revocable trust, of which I am trustee/executor, state of AZ. She was in the process of filing bankruptcy but did not officially file with the court yet. What are my responsibilities as trustee? Do the beneficiaries have a right to the proceeds from the sale of... View More
answered on May 14, 2020
Yes, you should immediately contact your mother's bankruptcy attorney and advise this person of her death. You are best advised to seek a consultation with an Arizona wills and trusts that attorney regarding your responsibilities and duties as trustee of her trust which is no longer revocable... View More
towed, left her stranded and no way to get her kids to school, took her friend to court and won the judgment after several attempts to collect with even the judge ordering her to make payments she forfeited and so the judge granted us the full payment and she still refused to make any kind of... View More
answered on Apr 30, 2020
The reality of chapter 7 bankruptcy is that the person filing must disclose all assets and debts. If assets are not disclosed then it might give rise to objecting to the debtor getting a discharge of debt. However, it requires the creditor objecting to consult with and retain a bankruptcy... View More
What would the court consider excessive? The case was not confirmed they recommended dismissal now they want to take the whole 15 grand the trustee is holding
answered on Apr 24, 2020
The attorney has to file a motion with the court and the judge has to determine what is reasonable. That is based on the time spend, what was done, whether the work was necessary and other factors.
I need to payoff a loan,I have had the funds since 3/15,the foreclosure attorney is being difficult and said the lender is in bankruptcy and the trustee needs to provide the payoff amount.He said that he will go ahead and file notice sale of trustee on my home even if he is the one delaying the... View More
answered on Apr 17, 2020
I urge you to get an experienced bankruptcy attorney in the area where the case is - immediately.
answered on Apr 16, 2020
The bankruptcy reference will automatically expire on your credit reports after 10 years. I'm not aware of any means of having it taken off your credit report prior to10 years from the petition date.
Will this affect my bankruptcy. It was 800 dollars worth
My Ch. 13 was filed and approved in the summer of 2017, so I am halfway through it. If I get a raise or a better-paying job now, does whatever additional income I get just go to paying a higher amount each month to the plan? Will I have to file a new budget and get a new approval from the court?... View More
answered on Apr 7, 2020
Hello,
Generally, a debtor does have to report and update their bankruptcy papers if they start receiving more income. This increased income may or may not increase your plan payments. It may depend on the type of chapter 13 case you are in and if your expenses changed.
Depending... View More
I am on very low income and unable to pay an attorney. I had health issues. Counseling completed. Most filing forms completed. Getting a Credit report soon.
answered on Mar 26, 2020
Public Counsel provides pro bono assistance to some consumers. Alternatively, most consumer bankruptcy attorneys have a reasonable sliding scale for bankruptcy attorneys' fees based upon each client's ability to pay.
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