You can make an application to the court to waive the fee. Must show severe hardship

Dear Los Angeles:

You state that the case ended up as a Default Judgement, which normally occurs when a defendant does not file an answer. (There can be other ways to get a judgement short of trial, but they are not entitled "default judgements.")

There are grounds on... View More

A second chapter 7 case can be filed 8 years after the filing date of the prior case in which a discharge was granted, but no sooner. If the debts that the LP included in the chapter 11 were listed as creditors in the GP prior bankruptcy, then all of that debt has already been discharged as to the... View More

In your bankruptcy (assuming a chapter 7), your personal liability to the debt was discharged, but the lien on the house would have survived and remained on the property. Or, are you saying that after your bankruptcy, the lender put a lien on the house? Please respond back with more details so I... View More

You should sit down with an experienced attorney with all the above documents so you can get a full analysis. It's very difficult to give you any answers without more details and actual documents. Good Luck.

The Code says within a year which means the 12 months preceding.

Your question is vague. What specific information are you seeking? Are you looking to file another bankruptcy case after a prior case was filed? If you filed a prior chapter 7 and received a discharge, you cannot receive a discharge in another chapter 7 if filed within 8 years before the date... View More

There is more to it than just filing an amended Schedule C. The document must be mailed to all of your creditors as well. You need to get assistance from a bankruptcy attorney to ensure that this is being done correctly.

I urge you to report this information to the Trustee at your hearing. This is inappropriate behavior. Paralegals are limited in what they can do when providing services to a person filing bankruptcy. However, it is also your responsibility to review the documents that are being filed in your... View More

You need to immediately seek an experienced bankruptcy attorney to assist you in looking into this matter. In addition, your family law attorney who assisted you with the settlement should be consulted as well. Unfortunately, the filing of the bankruptcy provides the chapter 7 Trustee the ability... View More

As a bankruptcy attorney, I can address one issue: So long as your husband remained on title, he was responsible for paying the HOA fees even after the conclusion of this bankruptcy case. If a foreclosure actually took place, but new title was never recorded, he would have remained as the title... View More

As a creditor, you would have received notice of the bankruptcy filing in the mail. You could do an internet search for the company to see if anything is available about a bankruptcy. Or, continue to attempt to collect.

It depends upon your agreement with the attorney. You did not say the type of case you filed, but if it has been going on for 3.5 years and it is a personal case, it is likely a chapter 13. Did your attorney provide you with a Retainer Agreement at the start of the case that identified the terms... View More

Stripping a second of property is not done "after" bankruptcy, but part of the bankruptcy process. It is a complicated process and should not be attempted without an attorney. I strongly urge you to contact an experienced bankruptcy attorney to evaluate whether it is an option for you... View More

A 1099C is issued for unpaid debt which has been forgiven. Of no bankruptcy is completed, discharging the liability, then there is a tax consequence to the forgiveness of debt, it is treated as income - hence the 1099C. If a bankruptcy is completed through discharge, then there would be no tax... View More

The result of filing bankruptcy and receiving a discharge is that your personal liability for the debt is discharged. Note the word personal. In this case, your personal liability to the credit union has been discharged - the credit union cannot seek payment from you. However, the discharge does... View More

I strongly recommend consulting with an attorney. If I am understanding your question, it sounds like one business closes and the same business starts up allegedly as a new entity. If assets, ownership, etc. are the same as the new entity, and creditors impacted by the bankruptcy realize this,... View More

When the co-owner files for bankruptcy, he will be required to list the property, his interest, as well as listing the mortgage lender as a secured creditor. There will also be a place for him to identify the co-owner. It will be critical to get a current fair market value for the property from a... View More

Bankruptcy may be an option which can be determined by a good bankruptcy attorney to analyze your finances and assets. If the "family vehicle" you are referring to is the one with the loan - you can likely keep the vehicle but you must continue making the loan payments in order to do so.... View More

Manuel Alzamora Juarez Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 8, 2017

All attorneys have a non-discrimination policy in providing bankruptcy services. So the fact that your daughter has cerebral palsy is irrelevant. The only issue is whether she has property that can be used to pay her bills and or expenses that exceed her income. Best regards.