Ask a Question

Get free answers to your Bankruptcy legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
California Bankruptcy Questions & Answers
3 Answers | Asked in Bankruptcy and Legal Malpractice for California on
Q: If a private person without a corporation is coerced into filing Chapter 11 bankruptcy, when it's not even necessary,

My friend was sued, paid $10,000.,got an attorney who then passed the case over to another attorney friend, who told my friend she needed to file Chapter 11 bankruptcy and ask for $35,000. retainer. My friend didn't want bankruptcy, has no corporation, but has assets in real estate. June... View More

Michael Jay Berger
PREMIUM
Michael Jay Berger
answered on Jan 10, 2020

Have your friend call me 310-271-6223.

View More Answers

1 Answer | Asked in Bankruptcy and Divorce for California on
Q: can my wife and I do the division of assets after getting divorced? We are under Chapter 13 but I will continue to pay.

We are in Chapter 13 , and her an I are in good terms and planned out spousal support and we both would keep a car. The court mediator said we had to get a lift of the chapter 13 Stay before doing the separation of assets but that would defeat the purpose of the Chapter 13. The payments to the... View More

Timothy Denison
Timothy Denison
answered on Jan 7, 2020

You cannot do a division of assets until the bankruptcy is final unless you get approval from the court bc said assets are the property of the bankruptcy estate.

3 Answers | Asked in Bankruptcy for California on
Q: Lost income from job. I have about 70, oo00.00 debt this includes 50, 000 owing to IRS. 1 car, 25,000.00 I'd like to

3500.00 credit cards

Aaron Michael Lloyd
Aaron Michael Lloyd
answered on Jan 4, 2020

Hello,

Some of your IRS debt may be dischargeable in bankruptcy. Other debts such as credit cards, personal loans, and medical bills are typically dischargeable. You can also keep your car in bankruptcy. If you lost income and are having trouble making payments then bankruptcy may be a...
View More

View More Answers

4 Answers | Asked in Bankruptcy for California on
Q: In what state (NH or CA) should I file for BK for Student Loan discharge

I am in an odd situation in which I live in both NH and CA and could claim residency at both. I would like to file BK for student loan discharge ( 93K) due to economic hardship. ( I support both CA and NH household).

I am worried that if I file in NH , I may not pass the brunner test due... View More

Timothy Denison
Timothy Denison
answered on Jan 3, 2020

Highly unlikely that they get discharged completely in either state. They almost never do. I suspect CA would be the best place, but again, not likely for much relief in either state.

View More Answers

3 Answers | Asked in Bankruptcy for California on
Q: I was not given sufficient notification on a Motion for Relief from Stay in my CH 13 bk. Hearing is days away.Options?

This was clearly a strategic move by the creditor to serve me via mail just prior to the holidays so I would have little to no recourse. I need help filing a motion for extension of time to object, to extend the automatic stay , to find legal assistance and to have someone appear on my behalf at... View More

Ronald Holland
Ronald Holland
answered on Jan 2, 2020

You and your attorney must b be served by mail at least 14 days before the hearing. That means that the Notice and other documents go INto the mail 14 calendar days before the hearing. If on 14 days notice, the first hearing is considred a "preliminary hearing". At that time the court... View More

View More Answers

3 Answers | Asked in Bankruptcy for California on
Q: I have less than 20 days to get my car from repo, I read I can go bankrupt and get my car back

I have no transportation

Peter Maurice Lively
Peter Maurice Lively
answered on Dec 21, 2019

I have helped clients with this issue through chapter 13 where their overall financial circumstances, not only the repossessed vehicle recovery, justified the administrative costs and supported a feasible plan of reorganization.

Sometimes it is more cost efficient to recover the vehicle...
View More

View More Answers

2 Answers | Asked in Bankruptcy for California on
Q: Is it possible to still have my corporation as self employed if I file a chapter 7 on the personal side?

I'm a owner operator truck driver and debt has piled up. I'm roughly at $25,000 on credit cards and other obligations has caused me to go under water quite a bit.

I'm 2 years in with my corporation self employed, and both years of tax returns are showing $30k or less after... View More

Harlene Miller
Harlene Miller
answered on Nov 25, 2019

I am unclear as to what you are considering and why. Personal chapter 7 or corporate? Both represent issues that can only be addressed with more information from you. I urge you to contact a bankruptcy attorney to discuss these options and issues. Several of us offer a no charge consultation... View More

View More Answers

2 Answers | Asked in Bankruptcy, Business Law, Civil Rights and Constitutional Law for California on
Q: Shay from Pro_Hydro Ihave a civil matter current with bribes over my head and want to run leins on commercial props.

Its State & Federal and its quadzillions well more but yah and from start of filing tell now with being served it's still going on so I thought leins to start asap Motel , Parking garage and cars and 2 check cashing stores

Timothy Denison
Timothy Denison
answered on Nov 23, 2019

What is your question?

View More Answers

3 Answers | Asked in Bankruptcy for California on
Q: What documents do I need to supply the trustee for a chapter 7 in San Diego?
Aaron Michael Lloyd
Aaron Michael Lloyd
answered on Nov 22, 2019

It depends on your case but usually most recently filed tax returns, 60 days paystubs, retirement account statement, life insurance policy, vehicle payoff statement if financing, vehicle lease if leasing, and at least 1 month bank statements. However, this is not an inclusive list and each case is... View More

View More Answers

3 Answers | Asked in Bankruptcy for California on
Q: Kept a car through bankruptcy. its not on my credit but still paying for it. what happens if I let it go?

Bad credit before bankruptcy. Needed a car. High % rate. Car not worth anything now and still owe $8000. Still paying for it and its not on my credit. will it hurt me if I let it go?

Harlene Miller
Harlene Miller
answered on Nov 21, 2019

Did you list the creditor in your case? Did you sign a reaffirmation agreement? Has you bankruptcy case concluded with a discharge?

These are critical issues related to your question. Please resubmit with more information, or contact me.

View More Answers

3 Answers | Asked in Bankruptcy for California on
Q: Hello, 4 years into chapter 13 plan have relocated to new state unable to make remaining payments income loss health

We now live in Iowa how do I convert to a chapter 7 Some of the remaining $8000 owed in my plan is to my attorney which is a bit awkward what are my options. Would I have to fly to California to attend the meeting of creditors or can it be done remotely given the expense to travel

Harlene Miller
Harlene Miller
answered on Nov 16, 2019

A chapter 13 case can be converted to chapter 7 at any time. It is a fairly simple form. I recommend you talk with your attorney or if he will not assist you because you owe him money, you will likely need to find another attorney to advise you about the conversion and have your attorney... View More

View More Answers

6 Answers | Asked in Bankruptcy for California on
Q: Can you advise me with a senior bankruptcy issue?

I have outstanding, very high credit card debts it is unlikely I can ever satisfy. Is bankruptcy the answer?

Theodore Allan Greene
Theodore Allan Greene
answered on Nov 15, 2019

Bankruptcy may well be the answer. There are limitations on who can file, etc... so you need to sit down with an experience Bankruptcy attorney and go over all your options.

View More Answers

3 Answers | Asked in Bankruptcy for California on
Q: For an adversary proceeding regarding the discharge of student loan debt, what resources should I consult for guidel
Timothy Denison
Timothy Denison
answered on Nov 4, 2019

Look at all the case law under student loan litigation, specifically in CA. They will give you an idea of what the Courts analysis will be so you can prepare for it.

View More Answers

3 Answers | Asked in Bankruptcy, Criminal Law and Federal Crimes for California on
Q: What non bankruptcy codes can be used for exemptions in ch 13? For example, if the debt arose from a federal crime.

are there any other codes other than 703 and 704 and the federal codes listed?

Timothy Denison
Timothy Denison
answered on Nov 4, 2019

The state exemptions where the bankruptcy is filed if they are permitted in that jurisdiction.

View More Answers

4 Answers | Asked in Bankruptcy and Civil Litigation for California on
Q: I have been sued for $1,885.91 from credit card. Its a limited civil case. My last payment was 12/01/2015

It's past 3 years and do i have to go court or do try to call the credit card company?

Peter Maurice Lively
Peter Maurice Lively
answered on Oct 21, 2019

The statute of limitations for breach of contract in California is four years. You might be able to resolve the lawsuit by contacting counsel for the credit card company and offering a settlement. You have a limited amount of time to file a written response to the complaint and you need to pay... View More

View More Answers

1 Answer | Asked in Family Law, Bankruptcy and Divorce for California on
Q: I am a Grandmother I want to have visitation with my Grandchildren.Thier Mother doesn't let me or my Son see them

She is may be on drugs she is married to my son she has a boyfriend canmy son get help can I see my Granddaughters

Timothy Denison
Timothy Denison
answered on Oct 16, 2019

Your rights are derived from your sons rights. You should have your son take her back to court for a parenting schedule and to enforce parenting time. Then you can see them during his parenting time.

4 Answers | Asked in Bankruptcy for California on
Q: Other than the $306 bankruptcy fee how much does an attorney charge in the Sacramento area to file a bankruptcy case?

The potential client is a 71 year old woman whose husband passed away on 9/6/19 and lives on a fixed income while taking care of her handicapped 42 year old son. She is now being inundated with creditor calls.

Ronald Holland
Ronald Holland
answered on Oct 15, 2019

As I do, I think most attorneys will charge based on their experience, the complexity of the case and the circumstances of the potential client, including their income.

My standard fee for a chapter 7 filing is $1,650 plus the court filing fee of $335. This fee can be much higher for a...
View More

View More Answers

2 Answers | Asked in Bankruptcy for California on
Q: I want to refi my house, am in ch 13. I know i need to get permission from the court but wish to file the forms myself.

I have the form for the refi, but do i need to also modify my plan? I dont pay my lender through the plan. Do i also need to file something to file these without an attorney?

Harlene Miller
Harlene Miller
answered on Oct 1, 2019

If you don't have an attorney representing you in your Chapter 13 - I urge you to seek such assistance. The proposed refinance may impact your budget and therefore impact your plan which would require an amended plan. You may be able to meet with an attorney for advice about how to proceed -... View More

View More Answers

3 Answers | Asked in Bankruptcy for California on
Q: My wife and I are legal residents of France and are fully health insured there. On a vacation trip to the USA my wife

suffered a stroke. Now the medical bills have been forwarded to collection agencies. I have sent all of them the contact information of our French medical insurances but they keep harassing us. What should I do?

Theodore Allan Greene
Theodore Allan Greene
answered on Sep 24, 2019

You should send the bill to your French medical insurance company and ask if they cover such expenses.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.