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California Bankruptcy Questions & Answers
4 Answers | Asked in Bankruptcy for California on
Q: Need to file bankruptcy My parents house is under my name but it's not mine.

house was bought in 2008 with my name with first time buyer benefits.

one time deposit with my bank account and never made payments with my account afterwards.

my parents has all the records of paying the loan.

2 years ago, the ownership of the house was transferred to my... View More

Leon Bayer
Leon Bayer
answered on Dec 11, 2017

I'm not surprised by the reaction of the other lawyer. I almost didn't even want to post an answer.

The problem here is whether or not the transfer of the house is a fraudulent transfer. You say it's not your house, and it never was your house. However, the use of your credit...
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3 Answers | Asked in Bankruptcy, Consumer Law, Civil Rights and Education Law for California on
Q: I'm a single mother going to school to finish a nursing program. I have 30000+ in studLdebt. Can I prove unude hardship?

I was told I cannot prove undue hardship because I may someday after the program be able to pay. (Loans obtained fraudulently from a for profit college in trouble with the fed govt) So 3 years from now I may get a job nursing. All the while accruing interest on these loans. I support my son on... View More

Nels Hansen
Nels Hansen
answered on Dec 10, 2017

Incorrect information about your college enrollment status can cost you warns the Consumer Financial Protection Bureau. In a Consumer Advisory published February 2017, the CFPB outlined the ways the bad information about enrollment status can wreak havoc for student borrowers. The sale of your... View More

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1 Answer | Asked in Bankruptcy for California on
Q: I realize someone stoked my identity and filed chapter 7 bankruptcy under my name since 2010 a

There's another name under mine just like mine but with a different middle initial she's the one who filed the bankruptcy what do I do

Theodore Allan Greene
Theodore Allan Greene
answered on Dec 1, 2017

You need to go to the Court (or online if you can) and search the bankruptcy file. There is a lot of information that must be provided when someone files bankruptcy. From there you can determine what steps to take. You should consider starting with a bankruptcy attorney who can do the investigating... View More

3 Answers | Asked in Bankruptcy for California on
Q: If l start a bankruptcy in California can I move Florida and finish there?
Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Nov 29, 2017

It really depends on the type of Bankruptcy you file. IF you are doing a Chapter 7, as long as you move post filing and come back for the 341, there should be no problem. IF you are in a Chapter 13, you need to have your counsel speak with the Trustee about same

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3 Answers | Asked in Bankruptcy and Lemon Law for California on
Q: Will bankruptcy affect my lemon law case if I include the vehicle the case is for in the bankruptcy?
Harlene Miller
Harlene Miller
answered on Nov 29, 2017

If you filed a chapter 7, your lemon law case is an asset that must be listed in Schedule B. The vehicle itself is also an asset and must be listed in that schedule as well. Hopefully, you have a bankruptcy attorney that is assisting you with your case who can advise you regarding the related... View More

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3 Answers | Asked in Bankruptcy for California on
Q: In California discharged ch7 including all student loans. Student loan collections still coming after me. What can I do?

The Judge signed and discharged all debt including student loans. I am then told student loans won’t discharge. The Judge signed off on ALL debt listed no exceptions so why are they not handled that way by collection agencies? I need a lawyer to help me.

Leon Bayer
Leon Bayer
answered on Nov 27, 2017

The short answer is that you can not 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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1 Answer | Asked in Bankruptcy, Foreclosure, Probate and Real Estate Law for California on
Q: Can a surviving child give power of attorney over a property to a non family member

Two houses in a blanket loan both in foreclosure and both filed in bankruptcy. They were in all in We were going to sell one property to a tenant and live in the other. The owner died without a will

Richard Samuel Price
Richard Samuel Price
answered on Nov 23, 2017

I'm sorry, but I'm confused by the facts of what has happened. If you are an heir to the decedent's estate, then you can file a probate petition to settle the estate and possibly distribute the house to you. Contact a probate attorney in your area for a full consultation.

1 Answer | Asked in Bankruptcy for California on
Q: Should an attorney be more worried about his relationship with a court trustee than representing his clients?

We received a letter from the trustee in a chapter 7 case and, one thing she wrote concerns me. My lawyer whom we didn't feel was doing the best job in the first place apparently told her that he didn't think we'd cooperate with her sending an associate out to value our possessions.... View More

Leon Bayer
Leon Bayer
answered on Nov 15, 2017

There is clearly a lack of confidence between you and your lawyer, which may be mutual on both ends. Something needs to be done about that, but why would your lawyer think that you would not cooperate with the trustee?

The immediate issue is your cooperation with the trustee. You have a...
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2 Answers | Asked in Bankruptcy and Foreclosure for California on
Q: I live in California and I am in Chapter 13 bankruptcy. There is a foreclosure sale date of 12/19/17 on my house.

The bankruptcy judge granted a stay of 6 months, starting 09/15/17. Can the foreclosure proceed on 12/19? Or does the foreclosure sale have to be postponed until the end of the 6 month stay period (3/15/18)?

Leon Bayer
Leon Bayer
answered on Nov 14, 2017

I wish I could help you, but it's not possible to offer guidance on something so specific unless a lawyer can see all the relevant paperwork. You should consult your own lawyer immediately, and if you don't have a lawyer I think you better get one or else you won't know what your rights are.

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3 Answers | Asked in Bankruptcy, Collections and Consumer Law for California on
Q: I received a levy notice based on some credit card debt from years ago, I own nothing, do I need to respond somehow?

Couldn't keep making payments due to my employer not paying me (still owes me for a months work, i quit, just started new job), the collection agency turned it over to a lawyer I guess? Who is now seeking to levy on "any and all accounts and safe deposit boxes standing in the name of the... View More

Leon Bayer
Leon Bayer
answered on Nov 12, 2017

If you have any money in that bank, (should be name of the bank on the levy), the creditor is going to get it. They are after you, and don't be surprised if they somehow find out where you work and hit you with a wage garnishment.

I suggest you deal with it. See a local bankruptcy...
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2 Answers | Asked in Bankruptcy for California on
Q: I filed a BK yet credit reports still show behind in payments. Shouldn't they be removed?

My BK is now on my credit reports

Leon Bayer
Leon Bayer
answered on Nov 9, 2017

You don't say when you filed, but I'm guessing it was recently?

Your credit report will not change until you get your bk discharge. At that time those trade lines should say, "discharged in bankruptcy."

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1 Answer | Asked in Bankruptcy for California on
Q: I filed Chapter 13 and the judge dismissed the case because my lawyer failed to reply on tim Can I file a motion myself?

My lawyer dropped the ball and failed to reply to the motion to dismiss. The judge dismissed the case without prejudice. My lawyer since then has been trying to refile a motion but failed to properly serve the parties and the motion was denied. My lawyer attempted to refile and served the parties... View More

Leon Bayer
Leon Bayer
answered on Nov 7, 2017

I'm terribly sorry you have this situation. Looking at how your lawyer screwed up, I think you can tell how very difficult this stuff is. It is neigh impossible for a layperson to do this on their own. Please go a very experienced BK lawyer immediately, and be sure to take all the papers with you.

1 Answer | Asked in Bankruptcy and Estate Planning for California on
Q: can you be a trustee if you are in a bankrupcy
Harlene Miller
Harlene Miller
answered on Oct 30, 2017

Need more information. Trustee of what? Are you also beneficiary? Did your form the Trust?

2 Answers | Asked in Bankruptcy for California on
Q: Am I allowed to sign my house over to my kid if I declare bankruptcy?
Harlene Miller
Harlene Miller
answered on Oct 25, 2017

Not sure what you are asking. If you are contemplating taking that action prior to filing bankruptcy, then my answer is no - don't do it. I urge you to consult with an experienced bankruptcy attorney to provide you guidance on this issue. If you are considering this action for after your... View More

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1 Answer | Asked in Bankruptcy, Civil Litigation, Collections and Contracts for California on
Q: I am a defendant with trial set for next year. Do I have to answer the interrogatory sent to me for debt collection?

No judgement yet. Final Conference and Trial set for April. Plaintiff sent me "First Set of Special Interrogatories to Defendant" through the mail. Do I have to answer the questions such as "What is my bank account number?" Or can that wait until after the judge has made a ruling?

Harlene Miller
Harlene Miller
answered on Oct 16, 2017

This does not appear to be a bankruptcy matter so can't properly respond.

1 Answer | Asked in Bankruptcy, Collections and Consumer Law for California on
Q: School loan debt being assisted by a company that specializes in removing the debt.

My wife has a private school loan debt that has been sold over and over again to different collection agencies. We hired a company that specializes in acting as the middleman between the collection agencies and us. We pay them a certain amount per month for 3 years and they guarantee to remove the... View More

Harlene Miller
Harlene Miller
answered on Oct 13, 2017

I am unfamiliar with companies that offer the service you are talking about. Regardless of the non reporting on the credit report - have you received confirmation that the student loan lender has received payment; do you know the status of the balance of the debt? You need to have more... View More

6 Answers | Asked in Bankruptcy, Personal Injury, Tax Law and Consumer Law for California on
Q: What is the maximum of checking accounts you may have?
Dale S. Gribow
Dale S. Gribow
answered on Oct 9, 2017

i am not sure if that is a legal question.

i am not aware of a limit..........if it is with one bank they may have policies

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4 Answers | Asked in Bankruptcy for California on
Q: Kept paying mortgage after filing ch 7, now there's ample equity in the home the second lien holder wants to foreclose.

I am current on the first mortgage but did not reaffirm. The institution holding the second wants to foreclose or negotiate their balance ($50,000). The home has around $60,000 in equity. Could the second holder foreclose ? What about the first. I have no contract, am I building equity for the... View More

Harlene Miller
Harlene Miller
answered on Oct 9, 2017

Reaffirmation agreements with mortgage lenders are not done in California. So long as you are making payments to the first, they cannot foreclose. If you had an attorney for your bankruptcy case, the attorney should have advised you that the second retained its lien on your property through the... View More

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3 Answers | Asked in Bankruptcy for California on
Q: How much is the fee for bankruptcy
Theodore Allan Greene
Theodore Allan Greene
answered on Oct 6, 2017

The charges vary depending on each client's unique situation. Most will give you a FREE consultation to analyze your situation.

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1 Answer | Asked in Bankruptcy, Collections and White Collar Crime for California on
Q: A debtor in Chapter 11 (a business) has sunk thousands of dollars of un-invoiced work into an insider's property. Legal?

The business in Chapter 11 has performed thousands of dollars work at no cost, and without billing, on an insiders' property. This has occurred over 3 years, with a majority of the work being done within the year prior to the Chapter 11 filing. The insider is not a creditor. Can the... View More

Leon Bayer
Leon Bayer
answered on Oct 4, 2017

I think there is a good chance that it can be clawed back, if a trustee gets appointed. If it remains a debtor in possession, I would not expect the debtor to take action on this, unless forced to do so.

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