Get free answers to your Bankruptcy legal questions from lawyers in your area.
Does an LLC make my ownership interest exempt from being taken by creditors?
answered on Nov 24, 2018
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... View More 
My parents are scared I might go bankrupt in a couple years. I own 30% of a condo worth 75 grand and have credit card debt of 55 grand. They want me to take my name off the deed in which they own the other 70% and have a side agreement with them. Should I agree to take my name off the deed or lower... View More
answered on Nov 24, 2018
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... View More
I was informed by email that Chapter 11 had been filed by our commercial tenant, but they failed to give us any details as to where it was filed. Are they required to officially serve us? I want to get an attorney but don't know what jurisdiction.
answered on Nov 19, 2018
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... View More
My commercial tenant said they just filed CH 11. They are in default of lease for not paying this months rent and other expenses. I believe I need to file a motion for relief of automatic stay. which means I need help to file this motion soon.
answered on Nov 19, 2018
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... View More
Is there any type of pro bono lawyer I can get to help me file for bankruptcy?
answered on Nov 14, 2018
You may be able to get a reduced rate attorney by contacting your local bar association or legal aid society.
answered on Nov 13, 2018
Public Counsel Law Center Los Angeles (213) 385-2977 might be able to help you. Several bankruptcy courts in the Central District of California have self-help desks. Fee waivers and fee payment plans are sometimes available by application to the court at the time you file your petition.
Received from US Bankruptcy Court . Deadline for Opposition Papers must be filed 14 days prior to the hearing date of Nov 28, 2018. This is dated Oct 26, 2018. Notice of Objection and Objection pursuant to section 502 of title 11, US Code (Bankruptcy Code) Rule 3007 of Federal Rules of Bankruptcy... View More
answered on Nov 11, 2018
They included your claim in the bankruptcy filing as a potential claim - they include every possible claim. They want to completely get rid of this liability and have listed it under expunged claims. If you do nothing, nothing happens, but you also will no longer have any rights to proceed on this... View More
I have heard that I may be able to keep my car even though it's worth $2000 more than the $3530 exemption by using the silent exemption but I have no idea what it is and how to use it.
answered on Nov 4, 2018
You are referring to the wildcard exemption of up to $28,225.00. You can use this exemption for any purpose, includin your $2,000.00 vehicle equity.
You can then use the remaining wildcard exemption of $26,225.00 as needed.
Please note that this is available if you are not using a... View More
answered on Oct 31, 2018
Yes! Chapter 13 is used by many people to not only stop the foreclosure, but the repay the past due mortgage while keeping the ongoing mortgage current. If that's your situation, you should talk to an experienced bankruptcy attorney in your area to find out if that would be a good option for... View More
answered on Oct 18, 2018
Some people make payment plans. Like $100 per month until the balance is paid. Others have a family member make the payments. Others stop paying their debts (credit cards) and that frees up some money. Others still use a legal document preparer which is the WORST option as far as I'm... View More
Married for 3 years and we do not live in that house, I rent.
I gave him a stack of creditor addresses and names all three of my credit reports and he didn't list them in the schedule when he filed for bankruptcy chapter 7
answered on Sep 29, 2018
Maybe he overlooked them. You can always reopen (if closed) and add them after the fact.
The car dealership put the wrong name down on the DMV paperwork and a bunch of other shady things. Now the company that NOT listed as the lien holder repossed my car from my garage. The reason I couldn't deal with this is because I'm experiencing domestic violence issues and was not... View More
answered on Sep 24, 2018
You may sue for wrongful repossession of the car. Likely will not get the car back.
I am in active bankruptcy (not yet discharged) My home was sold to satisfy claims. The Trustee issued me $75K for my Homestead Exemption and said it should be reinvested in a primary residence within 150 days. What are my options (i.e., rent? motorhome? co-invest?)?
answered on Sep 21, 2018
California Code of Civil Procedure Section 704.710 provides the definition of a dwelling and the types of dwellings which may your homestead which include a house, a mobile home, a boat, etc.
If you don't reinvest the homestead funds within the six months deadline, the trustee will... View More
I sued my landlord for illegal eviction in San Jose, CA. 1 day b4 settlement conference (not trial yet), landlord offered 15k and filed ch13 next day. 2 parties filed claims – IRS for $436 and me 400k. ch13 plan offers class7 13.6K over 5 yrs. my lawyer doesnt think worth it because landlord... View More
answered on Sep 11, 2018
If you don't have an attorney, you need one now. Find an experienced bankruptcy attorney that handles litigation.
An objection to proof of claim like this will be resolved in litigation over whether the other party has a claim. This isn't about whether the claim is... View More
He has filed bankruptcy 3 times. I was on the bankruptcy the last 2 times but don't ever want to be involved with one again.
I will be inheriting someday and wonder if his creditors will go after the estate.
answered on Sep 11, 2018
This is not a question that can be answered through this site. There are too many facts and issues that need to be discussed. If you think your husband is planning to file bankruptcy again, seek advice from an attorney that specializes in bankruptcy law to analyze the potential impact of a... View More
I filed, but plan hasnt been confirmed. I am in position now to pay my creditors like before.
answered on Sep 9, 2018
Your record will still reflect the filing as well as the voluntary dismissal.
answered on Aug 24, 2018
You should always at least consult with an experienced bankruptcy attorney before filing bankruptcy. I also recommend hiring one that you like to represent you. It is well worth it for the peace of mind knowing that your case was properly handled.
The answer to your question is "it... View More
Was served on August 8, 2018. My husband was ill with terminal cancer & couldn't work. I live in Northern California, El Dorado County, I'm 56 years old & became disabled & couldn't work. Took a long time to get our disability & went through our savings & had to... View More
answered on Aug 8, 2018
They cannot garnish your ssi and you probably have enough exemptions to protect the property you described. You can probably get a free consultation with a bankruptcy attorney who can give you some help
I think stole property thats mine by heir. Although I haven't seen what's written inside these documents, I notice ReContrust Co. is an affiliate & i learned theyre notorious for scamming foreclosures. I need these documents examined for fraudulence. This leads me to a recent public... View More
answered on Aug 4, 2018
Send me a copy of the loan docs and the notices. I had almost exact issue with BoA couple years ago. The bank was really slow to respond and we had to bring a lawsuit. It took a year to get rid of the loans.
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