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California Bankruptcy Questions & Answers
5 Answers | Asked in Bankruptcy and Tax Law for California on
Q: Are income taxes from about 10 years ago dischargeable through chapter 7 bankruptcy?

My partner never filed the tax return for those years. I believe IRS filed substitute returns and the income taxes owed for each year were assessed a while ago. Do I need to file returns for those years before filing bankruptcy?

David S. Greenberg
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David S. Greenberg
answered on Mar 22, 2020

Assessments resulting from substitute for returns are not dischargeable in a Chapter 7 bankruptcy.

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2 Answers | Asked in Bankruptcy, Contracts and Education Law for California on
Q: I am in a financial debt that I am not suppose to be paying. How can I stop paying this loan?

I went to study abroad only because the program was going to help me pay my tution. When I arrived to the other country they said "sorry we can't help you. Get a student loan." I was in serious frustration and started to worry a lot because I did not know this was going to happen to... View More

Harlene Miller
Harlene Miller
answered on Mar 16, 2020

I suggest you seek advice from an attorney in your area - perhaps a general litigation attorney or bankruptcy attorney. There are insufficient details in your submission for me to respond with any specifics. For instance, is the loan you have a student loan obtained from the Dept. of Education... View More

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2 Answers | Asked in Bankruptcy and Contracts for California on
Q: I want to know if I can sue somebody for breech if contract. I co signed but ended up in front and he returned the car

I co signed but ended up in front and we agreed on refinancing the car to get it out of my name and without my knowledge he voluntarily surrendered the car. Now he does not want to pay the collection bill , it was 8000 I called the finance company and lowered it to $4,500 and monthly payments of... View More

Harlene Miller
Harlene Miller
answered on Mar 14, 2020

This is not really a bankruptcy issue - other than the fact that if he filed bankruptcy, he can list you as a creditor and seek to discharge his potential liability to you. If that occurs, then I can assist you in discussing what might be done. Otherwise, you can look into filing a small claims... View More

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2 Answers | Asked in Bankruptcy for California on
Q: My Chapter 7 meeting is on 3.3.20 at 1000. ? on removal of involuntary lien on mobilehome outside of attorney now

Because it took so long to get questions answered on further papers needed for filing, BofA filed a lien on mobile-home. Present attorney will charge another several thousand for removal. Is it possible to get it done for less with another attorney?

Harlene Miller
Harlene Miller
answered on Mar 2, 2020

I recommend you contact other bankruptcy attorney's in your area. This isn't the forum for discussing fees. I also urge you to get information from your current attorney to find out more about the process of avoiding the lien to better understand your options and the basis of his... View More

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4 Answers | Asked in Bankruptcy for California on
Q: If someone already filed for bankruptcy, waiting for hearing in morning, can another lawyer deal with removing I-lien.

I understand all of what is needed for information on bankruptcy and the need for it with filing for involuntary lien removal. All I need is to find out what the average cost is to have it removed during the process of waiting for dismissal.

Peter Maurice Lively
Peter Maurice Lively
answered on Mar 2, 2020

A debtor can substitute counsel of record and the new counsel for the debtor can prosecute lien avoidance motions. I have helped many debtors to reopen their chapter 7 cases for the purpose of prosecuting motions to avoid judgment liens as well as substituted into open cases for the same purpose.

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4 Answers | Asked in Bankruptcy for California on
Q: im negotiating a injury claim and injury stopped me from working and put me in financial ruin

Not sure when if getting settlement but I need to take of my creditors currently. If haven't settled yet Is that going to effect my bankruptcy. Is there a time period

Theodore Allan Greene
Theodore Allan Greene
answered on Mar 2, 2020

you have to disclose the settlement or potential settlement to your attorney and the court. If you haven't filed a bankruptcy yet you should immediately talk to a bankruptcy attorney to go over your options.

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5 Answers | Asked in Banking and Bankruptcy for California on
Q: Bankruptcy and keep home?

Can we file bankruptcy and keep home?

Timothy Denison
Timothy Denison
answered on Feb 27, 2020

Depends on home value, mortgages and equity in property. Those numbers are all needed for a ballpark guesstimate to answer your question.

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3 Answers | Asked in Bankruptcy, Collections and Landlord - Tenant for California on
Q: Hi, I do have eviction on my record. it's from last year. my previous land lord's lawyer keeps calling me to collect mo

LIVE IN CA, I do have eviction on my record. it's from last year. my previous land lord's lawyer keeps calling me to collect money. i can't make a peyment now. would they send it to a collection agency or suing me in court. if any of those happen could i still settle a payment with... View More

Harlene Miller
Harlene Miller
answered on Feb 17, 2020

Whether or not you can negotiate payments with a creditor really depends upon the creditor's willingness to do so. Calling and telling them you have no money isn't going to resolve anything. I understand they evicted you but did they also sue you for the balance due to the landlord?... View More

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3 Answers | Asked in Bankruptcy for California on
Q: Is dmv registration for a car i am turning in dischargeable under chapter 7 bankruptcy?

Should I pay the planned nonoperation fee of $22 or should I not pay anything and list dmv as a debtor?

Timothy Denison
Timothy Denison
answered on Feb 12, 2020

Yes.

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3 Answers | Asked in Bankruptcy for California on
Q: Garnishment of 25% student loan We have fallen behind on our debt by a couple thousand. How do we get help?
Harlene Miller
Harlene Miller
answered on Feb 6, 2020

I suggest you use this site to locate a bankruptcy attorney in your area to consult regarding your options. Many of us offer a half hour no charge consultation. You may not need a bankruptcy, but that is where I suggest you start - since an attorney with that experience may be able to evaluate... View More

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2 Answers | Asked in Bankruptcy for California on
Q: My Co. Is involved in a lawsuit with client. Trial is in April can I file chap 11 if I lose and avoid paying judgement

I am hoping the truth is on my side and I will win but it's never guaranteed. The amt sued would wipe out my co. And I wouldn't be able to pay without selling. Can I file chap 11 if I lose and judgement against me. Or do I file before trial to end the lawsuit. Please guide me since trial... View More

Harlene Miller
Harlene Miller
answered on Feb 3, 2020

I urge you to talk with a bankruptcy attorney experienced with chapter 11 cases. Chapter 11 is a reorganization for the debtor filing, in this situation, your company. An must be done to determine whether the company can reorganize and repay creditors some amount of the debt that is owed. Filing... View More

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2 Answers | Asked in Bankruptcy and Real Estate Law for California on
Q: Is it allowed for a judge to distribute an estate that is still in the midst of a chapter 13 Bankruptcy?

Our million dollar estate was distributed while it is still in the bankruptcy trustees control and I do not believe a relief of stay was granted to distribute the estate. In any case I was awarded one of the homes while my X got everything else . My home is encumbered 100% and is to be sold since... View More

Harlene Miller
Harlene Miller
answered on Jan 30, 2020

Your question presents a very complicated case and issues; I believe, much more than can be responded to in this forum. I urge you to contact an experienced bankruptcy attorney in your area to arrange a consultation to go over in detail what has occurred and what your options might be.

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1 Answer | Asked in Bankruptcy for California on
Q: lawyer.added her cost 6800.00 to debt plan . gave 2300.00 already .Extra fees I may pay no $$$will they proceed ?
Harlene Miller
Harlene Miller
answered on Jan 22, 2020

Attorneys fees can be included in the plan so that the attorney is paid as part of the distribution from your plan payments. If you had paid $2300 in advance to the attorney, that should have been deducted from the full amount of the fee, thereby reducing the amount in the plan. Did your attorney... View More

2 Answers | Asked in Bankruptcy for California on
Q: if im able following payback schedule for chapter 13 I was told no gambling . if I do during the 5 years how serious ?
Harlene Miller
Harlene Miller
answered on Jan 22, 2020

If this was a condition of plan confirmation and is in the order confirming your plan, then if you don't comply with a term of the plan, the case could be dismissed or converted to chapter 7. You should really communicate with your attorney. If you did not have an attorney representing you,... View More

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2 Answers | Asked in Bankruptcy for California on
Q: giving check to lawyer. schedule plan signing today. 1 week late filing 13. extra fee maybe, no money wiil they process?
Timothy Denison
Timothy Denison
answered on Jan 22, 2020

Probably the extra is the late weeks plan payment

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2 Answers | Asked in Bankruptcy and Real Estate Law for California on
Q: is it common for my lawyer to ask me for 1st payment chapter 13 ? she's filing late Meeting with trustee in 7dy.
Timothy Denison
Timothy Denison
answered on Jan 22, 2020

Yes. Not only common but required in some jurisdictions.

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3 Answers | Asked in Bankruptcy for California on
Q: If my mom is on my auto loan as a co-buyer (not co-signer), and I file for chapter 7 bankruptcy, is she protected?
Harlene Miller
Harlene Miller
answered on Jan 13, 2020

If you are asking whether she is protected by the automatic stay that goes into effect when a bankruptcy is filed, from the creditor seeking payment from her - it depends. You indicate she isn't a signer - do you mean she is not on the loan? If she didn't sign the loan as a co-borrower,... View More

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2 Answers | Asked in Bankruptcy for California on
Q: I am 2 years into a chapter 13 bankruptcy in California . I have run up some more personal loan debt. Can i do a loan

consolidation or do i need to call him and tell him?

Harlene Miller
Harlene Miller
answered on Jan 13, 2020

You cannot borrow money while in a chapter 13 without court approval. I suggest you meet with your attorney to discuss the possibility of modification to your plan since you apparently are not handling your finances based upon the monthly budget you created two years ago when the case was filed.... View More

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