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California Bankruptcy Questions & Answers
4 Answers | Asked in Bankruptcy for California on
Q: If filing chapter 7 and I am a co-signer on an auto loan, the primary person should be able to continue paying the loan?
Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Feb 25, 2018

Yes, your statement is correct. The primary person would still be eligible to make and obligated to make the payments

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1 Answer | Asked in Bankruptcy and Trademark for California on
Q: Hi....I'm filing for chapter 7 bankruptcy. I am a musician.and need to file and intent to use service trademark for my

band's name. Will this trademark be part of the bankruptcy. I was told there are some rules with Trademarks and bankruptcy

Harlene Miller
Harlene Miller
answered on Feb 22, 2018

When filing bankruptcy, you must list all assets you have. This not only includes real property (house), but also personal assets including furnishings, clothing, jewelry, cars, etc. In addition, you must also list any other assets you have an interest in - which would include trademarks,... View More

2 Answers | Asked in Bankruptcy and Gov & Administrative Law for California on
Q: I am a financial advisor and declared bankruptcy Due to a lost court case. Can I still practice in my field afterwards?

Bankruptcy was not due to mismanagement of my own funds, nevertheless still a BK. My financial license is inactive at this time, can I reinstate it once BK is final and still continue to do the only job I know. I stay in California.

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Feb 20, 2018

That is a question for the licensing boards. There would be no prohibition resulting from the bankruptcy.

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2 Answers | Asked in Bankruptcy for California on
Q: Can I File for bankruptcy to avoid being evicted
Theodore Allan Greene
Theodore Allan Greene
answered on Feb 16, 2018

You need to sit down with a local bankruptcy attorney to discuss all the details of your situation. It's very difficult to answer your question with limited information but a bankruptcy most of the time will not prevent an eviction. It can delay it depending on your unique situation. But you... View More

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2 Answers | Asked in Bankruptcy for California on
Q: Sole-proprietor smallbusinessowner filing for bankruptcy expected liquidate personal assets (home) to pay business debt?
Theodore Allan Greene
Theodore Allan Greene
answered on Feb 14, 2018

It's almost impossible to answer your question like this. You need to sit down with an experienced bankruptcy attorney in your area and spend some time going over your situation. You get to have some equity in a house is California but there are a lot of other considerations that require an in... View More

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2 Answers | Asked in Bankruptcy for California on
Q: Can I refile a lien on real property, against a person who I had taken to small claims court, and I won the judgment,

I was awarded the monies, but the defendant filed bankruptcy and I received nothing, so I put a lien on his property and was contacted about my lien from an title co. Only later to find out they were wrong about my windfall

Harlene Miller
Harlene Miller
answered on Feb 13, 2018

If you recorded a lien before the bankruptcy, the lien survived the bankruptcy unless the Debtor took action to try to have the lien removed. However, if you recorded a lien after a bankruptcy was filed, that lien is void as it was an action taken to collect a debt in violation of the automatic... View More

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2 Answers | Asked in Bankruptcy for California on
Q: Can my ex-husband come after me if I file bankruptcy & he's responsible for credit cards I agreed to pay in the decree?

I am considering filing for bankruptcy. My business has failed, and my debt is just insurmountable. I am recently divorced, and two of the credit cards that will be part of the bankruptcy were listed in the divorce decree as my responsibility to pay. My ex-husband is still the primary on those... View More

Leon Bayer
Leon Bayer
answered on Feb 9, 2018

The bankruptcy law says that obligations arising out of a divorce decree are not dischargeable. In the is case, you may discharge the debts you personally owe to the individual credit cards, but your ex remains liable and you remain liable to your ex to hold him harmless - by reimbursing him for... View More

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1 Answer | Asked in Bankruptcy, Copyright, Criminal Law and Business Law for California on
Q: what is the right to subrogation in court
Dale S. Gribow
Dale S. Gribow
answered on Feb 9, 2018

when you are rear ended and another parties ins co pays they have a right to get the money or some of the money back (ie subrogate) from another entity

2 Answers | Asked in Bankruptcy for California on
Q: I rear end someone and am being g sued. I had no insurance. I am at fault and cannot pay. Will filing bankruptcy help

Will filing bankruptcy help to clear it?

Theodore Allan Greene
Theodore Allan Greene
answered on Feb 8, 2018

Most likely Bankruptcy would solve your problems but there are more questions to ask you in order to make a conclusive suggestion. You should call a Bankruptcy attorney right away and get a FULL consultation. Most attorneys will give you free consultation.

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2 Answers | Asked in Bankruptcy and Small Claims for California on
Q: How do I collect on a debt of the medical practice that is ceasing operations and will be filing for bankruptcy?

The practice owes my company over $4,300 for products and services (signage and installation). It is operating under a dba for a corporation under the lead doctor's name. The practice will be closing in a few weeks and continues to collect funds from current and past patients, but is trying to... View More

Theodore Allan Greene
Theodore Allan Greene
answered on Feb 2, 2018

If they list your debt in the Bankruptcy you should get notice of the 341 Meeting of Creditors. Depending on the type of Bankruptcy and any assets you may get something or you may not. You should at least attend the meeting and maybe have a consultation with a Bankruptcy lawyer in your area.

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2 Answers | Asked in Bankruptcy for California on
Q: Do I have to show up for “hearing on motion for judgement on the pleadings” if I am still awaiting my discharge papers?

In Southern California. Filed for Bankruptcy on 10/19/2017, had my meeting with the trustee on 11/22/2017 and my objection for discharge date was 1/22/18. When I view my docket report in pacer it doesn’t show any objections that I can see.

Harlene Miller
Harlene Miller
answered on Jan 24, 2018

If you properly notified the creditor that had sued you prior to your bankruptcy was filed (which I assume from the content of your question), you do not have to appear at any scheduled hearing in state court. If no one filed anything in your case either objecting to your discharge or seeking... View More

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1 Answer | Asked in Bankruptcy for California on
Q: What forms would I use to file an answer to a Summons And Notice Of Status Conference In An Adversary Proceeding.

I filed Chapter 7 Bankruptcy On November 7th, 2017 due to numerous wage attachments and the inability to pay my debts. The creditor on my auto loan has filed A Summons Relief From Automatic Stay , Complaint To Determine Dischargeability Of Debt, and a Summons And Notice Of Conference In An... View More

Harlene Miller
Harlene Miller
answered on Jan 23, 2018

I urge you to seek advice and assistance from local bankruptcy counsel for handling an adversary proceeding. An answer to the complaint is not a form, but rather a "pleading" that entails providing responses to each allegation, and setting forth any defenses you have. Also, I... View More

3 Answers | Asked in Bankruptcy for California on
Q: Can you help me and my spouse file a bankruptcy

I'm on a fixed income

I receive disability

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

You should consult with a bankruptcy attorney in your area. Some folks on limited incomes don't need to file because they are judgment proof - meaning that even if your creditors sue you they can't attach any of your income. This needs to be analyzed in detail with a competent bankruptcy... View More

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2 Answers | Asked in Bankruptcy for California on
Q: The chapter 7 Trustee is going after the equity in the house , how can I stop him ?

My wife and I are legally seperated , the house has always been hers , but added me to help pay the loan , we have a verbal agreement that if our marriage did not work out that the house is hers .

Harlene Miller
Harlene Miller
answered on Jan 9, 2018

I urge you to immediately meet with an experienced bankruptcy attorney or certified specialist in bankruptcy law to advice you and review the facts of the situation and your case. This would/should have been something discussed prior to filing the bankruptcy case - I assume you did not have an... View More

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1 Answer | Asked in Bankruptcy, Foreclosure and Real Estate Law for California on
Q: CH 7 BK 11/2010. Did not reaffirm my mortgage. BK accounts off CR. Can lender still report foreclosure?

When BK was discharged. We did not stay in the home but let relatives stay in the home for upkeep of the property. I was Active Duty military and under SCRA protection, the bank never foreclosed on the property. Recently, I left Active Duty and the bank has moved forward with foreclosure. NOD... View More

Theodore Allan Greene
Theodore Allan Greene
answered on Jan 3, 2018

You should seriously consider a short sale but you have to move FAST. I have done 100's of short sales at no cost to the homeowner so I have a lot of experience in such matters. I am real estate broker and attorney with bankruptcy experience. As for DIL - they can be difficult in California... View More

5 Answers | Asked in Bankruptcy for California on
Q: Can I write off hospital bills in bankruptcy?
David Earl Phillips
David Earl Phillips
answered on Jan 2, 2018

Yes, medical bills are one of the most common debts we see in bankruptcy cases. See a local bankruptcy lawyer near you to see if bankruptcy would be a good option. Hope it works out. Good luck!

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2 Answers | Asked in Bankruptcy for California on
Q: filed Chapter 13 . If I missed two mortgage pymts can my servicer motion for relief of stay prior to my case is confirmd

I filed in August of this year

Harlene Miller
Harlene Miller
answered on Dec 26, 2017

The simple answer is yes. Failing to make a mortgage payment during the pending chapter 13 case is a default under the terms of the confirmed plan. I urge you to meet with your attorney (hopefully, you filed the chapter 13 with legal guidance), to discuss options for handling the issue. Is this... View More

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2 Answers | Asked in Bankruptcy for California on
Q: How do I remove the DISMSD/CLSD CH7 on my credit report? We didn't go through the BK process and was never delinquent.

With a pending lawsuit, which was dropped, we had to file BK. However, a settlement was reached, the lawsuit dropped and the BK dismissed by the Federal judge. We were never delinquent on any bills/credit obligations. NO ONE got hurt (our credit reports shows that). Yet, everyone is... View More

Leon Bayer
Leon Bayer
answered on Dec 13, 2017

I feel for you, but I'll explain why it won't get cleared up. It is going to remain on your credit report for 10 years. It will stay there because your credit report is a summary of how you have handled your financial obligations. You actually did file bankruptcy. Filing it was your... View More

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4 Answers | Asked in Bankruptcy for California on
Q: Are there attorneys that handle a Chapter 7 bankruptcy?
Harlene Miller
Harlene Miller
answered on Dec 11, 2017

You need an attorney in your area (San Diego). I suggest checking this site for San Diego attorneys or online.

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1 Answer | Asked in Education Law and Bankruptcy for California on
Q: Can I get Navient student loans forgiven if I am homeless & was not able to work in the industry i went to school for?

Approx 50,000 in navient loans with accrued interest. Stemming from Los Angeles Film School. I graduated 3.98 goals and worked in the film industry for a couple years but now I live back in SAN Diego, have gone back to working as a programmer (when I'm working), and have recently become... View More

Leon Bayer
Leon Bayer
answered on Dec 11, 2017

The short answer is that you cannot automatically discharge your old student loan*. However, you may discharge it, if you successfully sue the lender in bk court on the grounds of "undue hardship."

I recommend that you do some simple research yourself on the subject of a...
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