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California Bankruptcy Questions & Answers
2 Answers | Asked in Bankruptcy for California on
Q: What happens if one of 3 owners on a manufactured home title in CA files Chapter 7 Bankruptcy?

My husband, mother and I are all joint owners on a manufactured home in CA. We bought it together to all live in after my father passed away. There is no mortgage as we paid cash. My mom has since moved out and has not paid for the land lease, property taxes or any other things related to the home.... Read more »

Harlene Miller
Harlene Miller answered on May 13, 2019

Your question raises several issues. First and most important, you should personally set up a consultation with a bankruptcy attorney (not the one that may be representing mother in her case). You need separate advice regarding your interest in the property as well as any impact mother's... Read more »

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4 Answers | Asked in Bankruptcy for California on
Q: If I’m late on a car title payment in California does the account go through any kind of review process before repossess
Peter Maurice Lively
Peter Maurice Lively answered on May 1, 2019

Your title loan may provide you with a short grace period after the monthly payment due date.

Other than perhaps a courtesy call from the title lender regarding the status of your payment, you should expect your lender to repossess your vehicle as soon as it legally can pursuant to your...
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3 Answers | Asked in Bankruptcy for California on
Q: Is it possible to file an emergency chapter 7 through an attorney to protect my car from repossession.

I am late on a payment with another payment due in mere days and I’m really concerned.

Peter Maurice Lively
Peter Maurice Lively answered on May 1, 2019

It is possible to file an emergency bankruptcy petition and obtain an automatic stay pursuant to Bankruptcy Code Section 362 which is applicable to vehicle lenders and would be violated if repossession subsequently occurred.

However, a Chapter 7 petition alone isn't necessarily going to...
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4 Answers | Asked in Bankruptcy for California on
Q: Can an emergency chapter 7 protect my car from repossession. I’m late on a payment with another looming. How fast can ac
Timothy Denison
Timothy Denison answered on Apr 30, 2019

Yes. Can usually be fined within 2-3 days.

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1 Answer | Asked in Criminal Law and Bankruptcy for California on
Q: Is it legal for the police to search your room without telling you why & holding your wallet cell phones

Search Warrant doesn't have my name and want told about it they left paper on counter they took mouth swab and photos and fingerprint me and I'm not sure why they kept my wallet and phones when it should be returned the case was this year the search warrant for items taken has a different date... Read more »

Dale S. Gribow
Dale S. Gribow answered on Apr 22, 2019

More info is needed to properly evaluate your case.

However, it is always a good idea to contact a local attorney that handles these cases in the courthouse to which you are ordered to appear.

In other words, I am in Palm Springs and you don’t want to hire a Palm Springs lawyer...
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6 Answers | Asked in Bankruptcy and Appeals / Appellate Law for California on
Q: if a judgement s issued in a civil case then a stay is entered because a chapter 13 bankruptcy is filed

does that extend the deadline to file an appeal in the civil case

Timothy Denison
Timothy Denison answered on Apr 6, 2019

Yes.

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2 Answers | Asked in Bankruptcy for California on
Q: Is it possible to join the class action case #18-20254. It's been a year since they filed.

I filed for bankruptcy back in 2011 and was told that student loans were not allowed to be discharged. I have both private and federal loans under Navient and the payments are literally killing me. I've had to take 3 jobs to make $700 a month payment and, with every payment I make, the amount seems... Read more »

Harlene Miller
Harlene Miller answered on Mar 18, 2019

If you received notice of the class action because you are a potential claimant based upon Navient school loans that you obtained, read the notice carefully and follow-up. Also, there is a site online - Navient student loan class action that has a lot of information and contact information. Some... Read more »

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1 Answer | Asked in Bankruptcy and Real Estate Law for California on
Q: My husband is missing. How can I get permission to sell our home without his signature?

He has been missing for over a month and I can’t afford our mortgage. I can’t sell or modify the loan without his signature. Do I have a choice other than to foreclose?

Theodore Allan Greene
Theodore Allan Greene answered on Mar 12, 2019

Do you have equity? Do you have any chance of finding your husband? You have some time until they start foreclosure so I would not panic yet. Once you stop making your mortgage payment they usually don't start the foreclosure process for at least 4 months. Then, assuming they start in 4 months, you... Read more »

3 Answers | Asked in Bankruptcy for California on
Q: Hello, I need help. My bankruptcy lawyer was paid to file a chapter 13 case and never did. Lost my home. Case?

We paid him $1200.00 up front. I have the contract and the emails where we sent all documents requested by him. We were soppose to keep you ur home and make monthly payments to creditors.Please help.

Harlene Miller
Harlene Miller answered on Mar 11, 2019

You may want to seek assistance from a legal malpractice attorney to evaluate a claim against the attorney. I suggest you do that as soon as possible. If you still require bankruptcy assistance due to other debt, seek assistance from the State Bar of California for referrals.

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3 Answers | Asked in Bankruptcy for California on
Q: Can a Plaintiff get a judgement in Civil Court & Federal Court against two defendants for the same amount?

I've been sued in Federal Court for funds I did not receive, which I have proven already. The Plaintiff has also filed a civil suit against the party who received the funds in a different State and won. Can they still sue me in Federal Court, BK 7 Case, despite getting a judgement for the full... Read more »

Timothy Denison
Timothy Denison answered on Mar 5, 2019

Yes, but they may only collect it once.

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2 Answers | Asked in Bankruptcy for California on
Q: Chapter 7 bankruptcy was discharged. Reaffirmation agreement was never signed, due to misplacement of paperwork?

The lien holder allowed me to keep my vehicle as long as I made payments on time and thanked me for doing so. I have done this for 12 months. The question is I am underwater on the vehicle by $4K, and it is time to sell it or trade it in for a new car. My credit scores are back in the 700 range... Read more »

Harlene Miller
Harlene Miller answered on Feb 25, 2019

This is really not a bankruptcy question so I am unable to tell you how any of the options will affect your credit. However, you need to determine what is financially best for you. From my experience with other clients, if you use the car as a trade in, and money is still owed on the original... Read more »

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2 Answers | Asked in Bankruptcy for California on
Q: Would there be a difference between equity in federal court and equity in state court.

Would an adversary complaint in BK be in equity?

Timothy Denison
Timothy Denison answered on Feb 24, 2019

There should not be any difference, no, although there could be a great disparity between your possible federal exemption amount and your possible state exemption amount.

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1 Answer | Asked in Bankruptcy and Business Formation for California on
Q: How can I find out all the bankruptcy filings that happen. I may be interested in purchasing the company or assets.
Timothy Denison
Timothy Denison answered on Feb 2, 2019

Go to pacer.gov, set yourself up an account and you can see all the bankruptcies file by region.

2 Answers | Asked in Bankruptcy and Family Law for California on
Q: How do I transfer a bankruptcy case to family court? I am creditor, going through divorce.
Ronald Holland
Ronald Holland answered on Jan 28, 2019

If assets were not yet divided by the family law court in a dissolution case, you may have a claim for some fo the value of the assets in the bankruptcy court, but that doesn't move the case to family law court.

The Automatic Stay will stop most of the action in the family law court and the...
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2 Answers | Asked in Bankruptcy, Banking and Probate for California on
Q: im ready to dig up my money
Aaron Michael Lloyd
Aaron Michael Lloyd answered on Jan 10, 2019

If you are interested in scheduling a bankruptcy consultation please contact one of us and we can get you in for a free consultation.

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4 Answers | Asked in Bankruptcy for California on
Q: What is the waiting period to file Chapter 7 that was converted from a Chapter 13?

I filed for Chapter 13 on 1/2012 that was converted to a Chapter 7. I received a discharge 5/2013.

Timothy Denison
Timothy Denison answered on Dec 26, 2018

Eight years from filing date.

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1 Answer | Asked in Bankruptcy for California on
Q: Hello, I'm a site designer and I got a job offer in America but there is a friend of mine who receives an American money

Hello, I'm a site designer and I got a job offer in America but there is a friend of mine who receives an American money and turns it in. But the problem is that the person who sent the check sent an extra sum and told me that you should split the amount into two to someone working with me in the... Read more »

Timothy Denison
Timothy Denison answered on Dec 12, 2018

Sounds like a scam. What is your question?

1 Answer | Asked in Bankruptcy and Foreclosure for California on
Q: Any help for chapter 13
Aaron Michael Lloyd
Aaron Michael Lloyd answered on Dec 10, 2018

Contact a local bankruptcy attorney that is licensed to practice law in your state.

7 Answers | Asked in Bankruptcy for California on
Q: How low an income do you have to have to file for Chapter 7?
Ronald Holland
Ronald Holland answered on Dec 7, 2018

This is a question best answered by an attorney in a personal consultation. Most bankruptcy attorneys will give you a free initial consultation.

I'm assuming that you are talking about "qualifying" under the "Means Test". The amount will be dependent on the county where you live and the...
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1 Answer | Asked in Bankruptcy for California on
Q: If I file for bankruptcy in the future and all I own is a 1% interest in a condo, can creditors force the sale of it?

My parents want to take me off the deed of our condo because I own 30% of it and they are scared I might go bankrupt in the future. Is their money at risk?

Timothy Denison
Timothy Denison answered on Nov 24, 2018

Same answer as the previous two questions.

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