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California Bankruptcy Questions & Answers
2 Answers | Asked in Bankruptcy for California on
Q: In a Chapter 11 BK of a married couple, do both of them (as trustees of their bk estate) need to get their own EIN?

This is an initial return filing of a joint bk petition. I know that each has to file their own tax return, as stated in Publication 908 page 3. It states that the estates are treated as two separate entities for tax purposes. But I am unsure of whether they each need their own EIN number to use... View More

Justin M. Gillman
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Justin M. Gillman
answered on Jul 30, 2018

No individual (or married couple) needs to get a "new" EIN when you file Chapter 11. Also, there is no requirement that married couples file individual tax returns.

Individuals (or married couples) who file for Chapter 11 must be current in their tax filings but the...
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4 Answers | Asked in Bankruptcy for California on
Q: What are the legal ramifications if I choose to stop paying my second mortgage?

My ex filed chapter 7 on our second mortgage in 2013. It is discharged with the bank but I have continued to pay it. I live in CA and not sure what the law says about it.

Harlene Miller
Harlene Miller
answered on Jul 27, 2018

In general, the personal liability for the mortgage was discharged. Thus, the lender cannot request payment from the borrower. However, the bankruptcy does not eliminate the lien that the mortgage lender has on the property. Thus, it is secured on the property. If the property is sold, the... View More

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3 Answers | Asked in Bankruptcy for California on
Q: I always hear that student loans aren't dischargeable in bankruptcy. Does that apply only to federal loans or also

private loans?

Harlene Miller
Harlene Miller
answered on Jul 25, 2018

The Bankruptcy Code specifically identifies what is a nondischargeable student loan. Although the language can be found at 11 U.S.C. Section 523(a)(8)(A&B) - the analysis required should be sought by meeting with an experienced bankruptcy attorney. I urge you to do that.

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4 Answers | Asked in Bankruptcy for California on
Q: I filed bankruptcy in Pro per, I now need to find a attorney to help me as I now have a adversarial filing within case

In searching for an attorney I am being turned down because the advasary has consulted with so far 8 out of 10 I have contacted. Is this legal?!? I find this crazy that I am having this much trouble finding and attorney!?

David S. Greenberg
PREMIUM
David S. Greenberg
answered on Jul 12, 2018

If your bankruptcy case was filed in the Southern District of California, I may be able to help you.

I invite you to call my office to schedule a free consultation.

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2 Answers | Asked in Bankruptcy and Family Law for California on
Q: My ex is forcing bk estate to incur thousands of $$s bcuz he's filed adversary actions, breached stay. Can I recoup $$?

Is he considered a co-debtor or creditor? (we were separated when I filed Ch. 7). He's repeatedly breached the stay, deliberately stopped the sale of our house on the day it was to be sold, filed adversary actions and even threatened to sue Trustee's attorney. Thousands of dollars in... View More

Timothy Denison
Timothy Denison
answered on Jul 12, 2018

Impossible to answer specifically from the information available but if they are proven frivolous, you may be able to recoup your fees in the bankruptcy case. Recouping in divorce court would depend on the specific language in the court order or agreement.

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3 Answers | Asked in Bankruptcy for California on
Q: Do I have a case against my creditor for harassment?

My creditor called me today asking for the car. I told her to contact my trustee and she started shouting saying the trustee has nothing to do with this. She started calling me ignorant and shouting saying do whatever you want i don't care.

Timothy Denison
Timothy Denison
answered on Jul 10, 2018

You may have a claim against the creditor for violating the ultimatum stay, especially if she calls again. Try to record it and get some proof.

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4 Answers | Asked in Bankruptcy for California on
Q: If I filed for bankruptcy on my own does that give the creditors the right to still call me?
Peter Maurice Lively
Peter Maurice Lively
answered on Jul 10, 2018

If a creditor is calling with the intent to collect a debt, then the automatic stay arising from the filing of your bankruptcy is being violated regardless of whether you are represented by and attorney or not.

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5 Answers | Asked in Bankruptcy for California on
Q: Does the bankruptcy means test take into consideration that I have three kids?
David S. Greenberg
PREMIUM
David S. Greenberg
answered on Jul 9, 2018

The number of children in your household comes into play in calculating household living expenses, which in turn is just one of the multiple factors required to undertake the means test evaluation.

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2 Answers | Asked in Bankruptcy and Collections for California on
Q: Please advise what is the best way to approach it.

In the last few years I am battling with the mortgage company to save my second house. I tried to get a modification from the lender but unfortunately without success.

Since 2015 I field three BK 13 because of financial hardships, and to stop the sale process and obtain a modification.... View More

Timothy Denison
Timothy Denison
answered on Jun 28, 2018

You really need the help of an experienced bankruptcy practitioner. The multiple filings may be problematic and the issues involved with short sale and loan modification can be complicated and frustrating. You should be able to get a consultation and at least get some advise for the right... View More

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1 Answer | Asked in Bankruptcy and Employment Law for California on
Q: My employer filed chapter 11 while I was in maternity leave. If I leave will I have to pay back insurance premiums?

My employer filed chapter 11 while I was in maternity leave. I just returned back to work 2 days ago and I have a job offer from another company. With that said if I leave the company within 30 days (which it doesn’t look like it’s going to last that long) will I be required to pay back the... View More

Timothy Denison
Timothy Denison
answered on Jun 19, 2018

I’d take the new job, stretch out the depart/start time to meet the 30 days if possible. Highly unlikely you will have to repay any premiums at all.

2 Answers | Asked in Bankruptcy and Collections for California on
Q: My license has been suspended for 3 civil law suit from a car accident in 2015. What can i do?.

I dont have the money. That they are demanding a total of 25.000.00.

Timothy Denison
Timothy Denison
answered on Jun 19, 2018

If you file a Chapter 7 bankruptcy and list the three civil suits and creditors, you can likely discharge them. Upon discharge, you can then obtain a valid drivers license.

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2 Answers | Asked in Bankruptcy for California on
Q: I filed for bankruptcy recently and it wiped out my unpaid hospital bills. If I need care at the same hospital again, do

they have a right to refuse treatment?

David S. Greenberg
PREMIUM
David S. Greenberg
answered on Jun 11, 2018

It is unusual for a hospital to deny service after bankruptcy unless the patient demonstrates an inability to pay the new bill. If you have insurance or other form of guaranteed payment, the hospital will likely treat you.

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4 Answers | Asked in Bankruptcy for California on
Q: What are the requirements to file for Chapter 7
Theodore Allan Greene
Theodore Allan Greene
answered on May 28, 2018

There are many different factors that determine if and what type of bankruptcy you may file. You really need to sit down with a bankruptcy attorney in your area and they will give you a free evaluation of your own unique situation.

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1 Answer | Asked in Bankruptcy for California on
Q: Hi I live in southern ca I was wondering if I can file bankruptcy on toll rd tickets
Harlene Miller
Harlene Miller
answered on May 24, 2018

The toll fee that was not paid is dischargeable but they also charge a larger amount for a fine/penalty for nonpayment - which is not dischargeable.

4 Answers | Asked in Bankruptcy, Consumer Law, Civil Litigation and Civil Rights for California on
Q: Can a company garnish your wages if you've had a bankruptcy before and without a court hearing?

My mom had her wages garnished by some company and she got the case in the mail but doesn't remember what it is even for but believes it was for something that happened a very long time ago. My dad has filed for bankruptcy a few times and at least one of those times, it included my mother. I... View More

Theodore Allan Greene
Theodore Allan Greene
answered on May 16, 2018

It's impossible for someone to analyize your situation without sitting down with you and going over everything. You most likely can get a free consultation from a local bankruptcy attorney in your area.

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4 Answers | Asked in Bankruptcy for California on
Q: Can I file for bankruptcy even if I'm currently employed?
Timothy Denison
Timothy Denison
answered on May 11, 2018

Yes.

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3 Answers | Asked in Bankruptcy for California on
Q: my lender still took my car after I told them I filed chpt 7 I was also evicted

I suffered a heart attack and other disabling issues and could not work and my bills suffered too.

I filed chapt 7 and I was still evicted even though I filed an automatic stay to the court

I the clerk says she didn't have to send it up to the judge and it say in my case but... View More

Timothy Denison
Timothy Denison
answered on May 7, 2018

Hire a competent local attorney to assess. I’d the landlord or the lender took these actions without seeking relief from the stay in bankruptcy court, they may have violated your rights as well as the stay.

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2 Answers | Asked in Bankruptcy for California on
Q: I need to find the bankruptcy filing that my ex-husband and I did in 1981, I'm not having any luck. Where do I go?

I'm looking for the bankruptcy filing that my ex-husband and I filed in 1981 in San Bernardino County. I thought I had a copy of it, but can not locate it. Where do I go to locate it?

Cristina M. Lipan
Cristina M. Lipan
answered on Apr 30, 2018

Go to the bankruptcy court and ask the clerk's office. I believe this is the location:

http://www.cacb.uscourts.gov/court-locations/riverside

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2 Answers | Asked in Bankruptcy and Collections for California on
Q: I believe a creditor has served my husbands employer with a fake wage garnishment.

My husbands employer received a fax for a court ordered wage garnishment, but there is no court or case number listed on this paper, nor is there an amount listed to garnish. It’s for a debt he had over 10 years ago. Is this just a scare tactic to get my husband to make a payment?

Theodore Allan Greene
Theodore Allan Greene
answered on Apr 25, 2018

It's sounds kind of fishy. Sit down with a local bankruptcy attorney who can tell you if it's legitimate or not.

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3 Answers | Asked in Bankruptcy and Consumer Law for California on
Q: A lawyer called me about a credit card debt from 2008 said they were going to sue me I live in Monterey California.

Can they legally make me pay. He also said they are gonna serve me papers at the place of employment friday and I could possibly get fired

Theodore Allan Greene
Theodore Allan Greene
answered on Apr 25, 2018

You should contact a Bankruptcy attorney in your area right away. Most likely a debt from that long ago has past the statute of limitations but there is more to it than a simple answer on a website like this. Get on this right away.

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