Can bankruptcy remove liens and protect my home/property
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 11, 2024
Generally, you can remove a judgment lien in bankruptcy if it impairs your homestead exemption. Unless the lien results from a judgment, It generally can't be avoided in bankruptcy. For example, liens resulting from loans, tax liens, mechanics liens and other similar liens attached to the... View More 
Can bankruptcy remove liens and protect my home/property
answered on Jan 11, 2024
There is an interplay between federal bankruptcy law and statutory provisions, and the law of the State about property rights. Generally speaking, current State law determines the nature of property interests of the debtor and creditors. Bankruptcy Code statutes (e.g., Sec. 506) appear to provide... View More
Can bankruptcy remove liens and protect my home/property
answered on Jan 11, 2024
1. Liens are not impacted by a bankruptcy discharge and therefore remain in effect following a discharge.
2. As decided by the U.S. Supreme Court, a homestead exemption does not protect you from an IRS lien. In other words, the IRS can reach the equity in your home that other creditors... View More
Can bankruptcy remove liens and protect my home/property
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 12, 2024
Homestead laws, which vary by state, provide a degree of protection for a person's primary residence against certain types of creditors. However, these protections often do not extend to tax liens. If you have a tax lien on your home, homestead laws typically do not prevent the government from... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 4, 2024
To find out if someone has initiated bankruptcy proceedings, you can search the public records. Bankruptcy filings are public records in the United States and are accessible through various means.
One common way to search for bankruptcy filings is to use the PACER (Public Access to Court... View More
answered on Jan 5, 2024
If you are a creditor, the chances are good that you will receive notice.
However, the bankruptcy courts do maintain a register of case filing information. You can gain access to it here: https://pacer.uscourts.gov/
The Pacer system is not easy to use by a first-timer. You might be... View More
Back in 2021 I filed for chapter 7 BK and my attorney said past taxes for 2014 & 2015 are still due as they don't fall under the standard time frame for these to be included. I was told after my discharge the IRS should mail you a letter indidicating what you owe after discharged. Its now... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 4, 2024
If you haven't received a balance notification from the IRS following your Chapter 7 bankruptcy discharge, it's essential to take proactive steps. First, directly contact the IRS to inquire about the status of your 2014 and 2015 tax debts. It's important to confirm whether these... View More
Back in 2021 I filed for chapter 7 BK and my attorney said past taxes for 2014 & 2015 are still due as they don't fall under the standard time frame for these to be included. I was told after my discharge the IRS should mail you a letter indidicating what you owe after discharged. Its now... View More
answered on Jan 4, 2024
Here's what nobody has ever bothered to tell you. If those returns for 2014 and 2015 were filed by you at least 2 years before you filed BK, the taxes are probably discharged.
And that is the best explanation for why you still haven't heard from the IRS about it - they don't... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 21, 2023
Under California law, the responsibility for credit card debt after a divorce can depend on several factors, including the terms of the divorce decree and whether California's community property laws apply to the debt. If the credit card debt was incurred during the marriage, it is generally... View More
answered on Dec 14, 2023
Think about it. It's logical. (Also, the law requires it.) Here's why that is.
First, you live in a community property state. The law says that community property belongs to both spouses, even though you yourself don't practice doing that. The law overrides how you and your... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 14, 2023
California is a community property state which means that you probably own everything and owe everything jointly. Plus the bankruptcy forms require that he include your information for purposes of his filing bankruptcy. Ask to meet with his attorney so he or she can explain the process to you.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 14, 2023
Bankruptcy proceedings often require the disclosure of household income to accurately assess the financial situation. This is because the state uses a community property system, which means that assets and debts acquired during the marriage are generally considered jointly owned by both spouses.... View More
Both of our names are in the bill they had sent She drove my car and my insurance is full coverage but didn’t want to cover damages because she is not in the policy the other insurance called me asking for the whole amount of $4300 in damages of the truck i ask them to send me a bill because... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 8, 2023
In California, declaring bankruptcy can help shield you from specific debts, like bills resulting from car accidents. If you file for Chapter 7 bankruptcy, most unsecured debts, such as a $7,000 bill, might be canceled. This means you wouldn't be legally required to pay it anymore.... View More
Both of our names are in the bill they had sent She drove my car and my insurance is full coverage but didn’t want to cover damages because she is not in the policy the other insurance called me asking for the whole amount of $4300 in damages of the truck i ask them to send me a bill because... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 8, 2023
Under California law, whether or not your daughter can still be held responsible for the $7,000 bill depends on several factors. Firstly, your full coverage insurance should typically cover damages caused by permissive users of your vehicle, such as your daughter. However, if your insurance denied... View More
I bought a car off the lot and the car dealership failed to give me my title and proper registration. Fast forward I took them to court and they appealed it I won't the appeal car not eligible in the state of California title I'm Indiana we tried multiple times to get the title with a DMV... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 12, 2023
Under California law, if a court has ordered the dealership to refund your money and they have declared bankruptcy, the responsibility may shift depending on the type of bankruptcy filed. If they filed for Chapter 7 bankruptcy, their assets are liquidated to pay off creditors, which might include... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 7, 2023
Yes, it is possible to remove yourself from a trust in California legally. There are two main ways to do this
Termination of the trust: If all of the trust's beneficiaries have agreed to terminate the trust, the trustee can terminate the trust and distribute the assets to the... View More
I filed for bankruptcy chapter 7, got approved now waiting the 6 mo for discharge (10,000 back rent will be discharged). I had my 1st trial for the Eviction Unlawful Detainer, I got a Judgement letter that stated I have to pay a certain amount by 11/7/23. I'm going through a hardship so I... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 7, 2023
In California, once a judgment for possession is entered in an unlawful detainer case, the sheriff can enforce the lockout. However, if your judgment letter states "No Lock Out before December 10th, 2023," then typically, the sheriff would not perform the lockout until after that date. It... View More
advice, overview, edit Petition Writ Mandate ,Evidence o App( not sure if on appeal Trial Court have Jurisdiction or Appelate. or not or. both ) and / or nee help advise on proceed bifurcation vs go to Jury Trial ,
Judge was to sever my claims from other tenants Trial 11.27.23... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 6, 2023
Under California law, bifurcation in a civil case allows for one or more issues to be separated from the others and tried separately, often to expedite a certain part of the case or when the issues are distinct enough to warrant individual attention. In family law, this often means that the marital... View More
Our panels generate enough power to run our refrigerator and our electric bills are through the roof. ASD went bankrupt years ago. Can I get out of this lease and have a new company take over?
answered on Nov 1, 2023
A quick search tells me that ASD went out of business and filed a Ch. 7 (liquidation) bankruptcy.
A debtor in bankruptcy, and/or his creditors and contractors, has a limited (two months) to choose whether to assume any executory contract or to reject it. You are far beyond that deadline,... View More
Our panels generate enough power to run our refrigerator and our electric bills are through the roof. ASD went bankrupt years ago. Can I get out of this lease and have a new company take over?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 2, 2023
In California, if the solar company that leased you the panels has gone bankrupt, it's important to review the lease agreement to understand your rights and obligations. There may be a successor company responsible for the lease, or there might be provisions for termination upon bankruptcy.... View More
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.
