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California Bankruptcy Questions & Answers
2 Answers | Asked in Bankruptcy for California on
Q: My ch.13 bankruptcy was recently converted to a ch.7. I was only given 1 weeks notice from the courts to move.

I have been on disability so this is creating a hardship for me to get out in that time period I also have two tenants that rent rooms and I have to give proper notice to. Suggestions?

Sally J. Elkington
Sally J. Elkington
answered on Jun 27, 2017

Are you sure the notice to move was from the Court, or was it from the Trustee. I would recommend you call the trustee and tell them of your situation and ask for more time to move. As for your tenants, the trustee will have to deal with them, not you. Generally the trustees will work with you... View More

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2 Answers | Asked in Bankruptcy and Consumer Law for California on
Q: What can you do if a creditor filed a lawsuit against you but never served you .

The only reason I am aware of this lawsuit is from a letter I received in the mail from an attorney asking if I would like representation. When I look the case up online it says that they are filing a request for a default judgement. Is there anything I can Do? I am self employed and only made... View More

Harlene Miller
Harlene Miller
answered on Jun 23, 2017

Apparently from you have indicated, a lawsuit was somehow served on you - either directly or someone at your residence accepted the document on your behalf when served. There are lots of questions related to how information can be provided to you, i.e., when was the lawsuit filed with the Court,... View More

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3 Answers | Asked in Bankruptcy, Collections, Consumer Law and Family Law for California on
Q: Am I liable for my wife's credit card debt? We are married and she's is going through some mental distress(bipolar?).

How am I to protect myself from financial ruin if I can't stop her from making extreme purchases?

Suzette Douglas
Suzette Douglas
answered on Jun 21, 2017

It depends. California is a community property state. This means that debts incurred by your wife before marriage are generally hers alone unless you were a co-signor. However debts incurred during the marriage generally belong to the community which means joint responsibility. You mentioned... View More

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3 Answers | Asked in Bankruptcy for California on
Q: If I move and declare bankruptcy in another state, will the California exemptions be able to be used?

I have lived in California for 16 years.

David Earl Phillips
David Earl Phillips
answered on Jun 17, 2017

Yes. If you move you will use the California exemptions until you have been in the new State for 2 years. After 2 years you would then use the new States exemptions. There are exceptions to this rule if you live in more than one new State in the 2 year time period. Talk with a bankruptcy lawyer in... View More

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3 Answers | Asked in Bankruptcy for California on
Q: Hi I filed BK in 2011 and in schedule F it listed my private student loans. My BK was granted does that mean it was dis

How can I find out what exactly got discharged?

Stuart Nachbar
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Stuart Nachbar
answered on Jun 16, 2017

Student loans are not usually discharged unless you filed an adversary proceeding and proved the requisite elements. So I would doubt that they were discharged. I would also suggest contacting your counsel if you filed through one

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1 Answer | Asked in Bankruptcy and Immigration Law for California on
Q: I only have my daca and do to the financial situation I'm in I'm considering to file bankrupcey. Could this affect me?

Could this affect me in any way immigration wise? Like fileing to become resident in the feature? Renewing daca? Or risk of deportation?

James Geoffrey Beirne
James Geoffrey Beirne
answered on Jun 15, 2017

The filing of a bankruptcy will not effect your ability to adjust status in the future. §525 of the Bankruptcy Code says that the government cannot discriminate against you merely for having filed for protection under the Code. As far as your DACA, have you considered applying for Advance... View More

2 Answers | Asked in Bankruptcy for California on
Q: Filing for Ch7 BK. What if I can't pass means test for Ch7 and can't accommodate Ch13 payment terms? I'm self employed.

My construction business is closed now. My debt is nearly $180,000 (mostly suppliers). I was re-married 18 months ago and this debt precedes her. She's a teacher and grosses $65,000 annually and has $100,000 in student loans. Don't know if creditors would be allowed to target her.... View More

Manuel Alzamora Juarez
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answered on Jun 14, 2017

Depends what your household size is and your combined gross income. For example how much did you both grossed in 2016. We can do a means test analysis for you if we get both of your pay stubs over the past 6 months. You can certainly do a single filing, her student loans and debts don’t matter.... View More

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1 Answer | Asked in Child Support, Family Law and Bankruptcy for California on
Q: I am a custodial parent who pays child support for kids in my custody? Arrears they say! I was incarcerated! Help

Non custodial parent is deported. Also my two eldest live with my parents no court border or adoption, my mom collected cash aid and I have to pay back! Why? I told her I want my two eldest to come live with me and she refused I can take them they are legally still in my custody but I don't my... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Jun 7, 2017

This is confusing. Are there support orders in place? Are there custody orders in place? If you have physical custody of the children for whom you pay support, you need to take steps to get that support order modified. You can also be forgiven for the arrears if the arrears were incurred during... View More

2 Answers | Asked in Bankruptcy for California on
Q: If a person declares BK, can they include 2 of their credit cards, but keep 1 credit card & their line of credit intact?

I'm asking for a 91 yr-old person who owns nothing (lives in an bare bones minimum apt; no car; no jewelry; owns nothing of value). The person lives on a line-of-credit (LOC) and credit cards. Only income is $915 from SSI. Rent pymt is $1250/mo. My concern is that the bank who provides the... View More

Harlene Miller
Harlene Miller
answered on Jun 6, 2017

Unfortunately, you cannot pick and choose what creditors to include in a bankruptcy - all debt/creditors must be listed. However, given the situation, why file bankruptcy? Unless someone sues her, they have no ability to access money in bank accounts if she has any. And sounds like she has no... View More

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3 Answers | Asked in Bankruptcy for California on
Q: I am dealing with an HOA need to know if filling for bankruptcy will help them get off my back .
Manuel Alzamora Juarez
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answered on Jun 5, 2017

A bankruptcy stay trumps all litigation until you discharge all your debts or your bankruptcy is dismissed by the Court. Bankruptcy is not a refuge when you have an asset with debts collateralized by a real property with equity. The court may review your case and find out you may have to file a... View More

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4 Answers | Asked in Bankruptcy, Collections and Divorce for California on
Q: I have about 40K in credit card debt in my name only. I'm married, soon to start divorce process. we own a house togethe

Equity in house is about $100K. but I'm giving up the house to my husband since he's keeping the kids and I won't be paying child support (an agreement between both of us). Can my creditors still come after the house even if it's on my husband's name and we are recently... View More

Harlene Miller
Harlene Miller
answered on Jun 5, 2017

There are several issues that I see in your inquiry. And questions that arise from the inquiry: Do you have a family law attorney doing your divorce? With creditors looking to be paid, you need to be very careful about how you are proceeding. From what you have indicated, you will be giving up... View More

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2 Answers | Asked in Bankruptcy and Criminal Law for California on
Q: Will I go to jail on my first appearance in court if I'm being charged with possession and evading
Ali Shahrestani,
Ali Shahrestani,
answered on Jun 2, 2017

It's possible if bail is set and you don't pay; and you'll typically be given a court date for a hearing. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my... View More

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2 Answers | Asked in Bankruptcy and Business Law for California on
Q: What are our options?

We're a tiny biz in CA. We agreed to participate in a legal settlement. The amount owed is now due. We cannot pay it at this time although we sent a payment and will continue doing so until it is paid in full. We have yet to see a profit in 2017 and have debt. Other side's legal team is... View More

Manuel Alzamora Juarez
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answered on Jun 2, 2017

Maybe you should consider a Chapter 11 bankruptcy. Otherwise, you will definitely be out of business. Best of luck.

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1 Answer | Asked in Bankruptcy and Collections for California on
Q: Can you file for Chapter 11 to seek protection against the collection of sanctions, from the same court?

Bk court ruled in favor of debtor after discharge injunction was violated. A company willfully filed a merit-less lawsuit in state court against debtor and violated the injunction. BK court later awarded sanctions to debtor to compensate for attorney fees. Now the company seeks Chap 11... View More

Harlene Miller
Harlene Miller
answered on May 30, 2017

Chapter 11 is usually filed to allow a company to reorganize and propose a plan for repayment to creditors. The automatic stay (like an injunction) that went into effect when the case was filed, stops all creditors from pursing their own collection efforts against the company. So, for now, you... View More

1 Answer | Asked in Bankruptcy, Employment Law, Personal Injury and Workers' Compensation for California on
Q: Pettibone airial

Back then family bus. Didn't open wc claim. Injuries. Oasha report. Internal danger as md said would happen in future.I was listed as a potential debtor in Pettibone bk do I have any rites to medical or $

William John Light
William John Light
answered on May 25, 2017

I cant' tell what you are asking about, or even when it happened. Please re-post with some details of what happened, when it happened and what your injuries are.

1 Answer | Asked in Bankruptcy and Probate for California on
Q: To file or not file if I am Trustee to fathers estate

My husband and I had paid off the BK attorney last year and then he had a heart attack. I have been my Dads caregiver since Mom died (well sister and I) last year. Dad died a few weeks ago and now I feel my personal debts will totally screw over the estate. For me personally any proceeds after... View More

Sally J. Elkington
Sally J. Elkington
answered on May 22, 2017

This is not the type of question that can be answered with the information provided. You need to find a bankruptcy attorney that you can give the details of your financial situation to, and receive information about all of your options. I am assuming you are concerned about filing bankruptcy... View More

4 Answers | Asked in Bankruptcy for California on
Q: I have considerable credit card debt, if I seek charterer 7 will the c.c. company write off those debts?

If one uses chapter 7 to eliminate credit card debt, will the c.c. company go back to the original retailer to dispute charges or will the c.c. co. simply write off the charges?

Ray Choudhry
Ray Choudhry
answered on May 13, 2017

There is nothing to dispute with the retailer.

Charge cards are a business. They make money off of lending money.

Writing off bad debt is just a cost of doing business.

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3 Answers | Asked in Bankruptcy for California on
Q: If I have a loan on a car with my wife and we split up and she files Bankruptcy and I dont what happens?

so If we are co signed on a car and my wife files Bankruptcy and I don't what happens? Say my credit isn't very good will my payments go up and can she get off the loan this way?

Mark Bredow
Mark Bredow
answered on May 12, 2017

It depends on whether she files Chapter 7 or Chapter 13.

If she receives a Chapter 7 discharge, she will get off the loan. She will no longer be personally responsible to pay the debt, but as co-signer, you will remain responsible. She can continue to make the payments, if she wants to,...
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2 Answers | Asked in Bankruptcy for California on
Q: what are the steps in transferring to another judge
Ali Shahrestani,
Ali Shahrestani,
answered on May 9, 2017

Typically in litigation you can't pick judges. You may have grounds to disqualify a judge, but those are rarefied. Judicial misconduct can be reported to the state. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with... View More

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1 Answer | Asked in Bankruptcy for California on
Q: filed for loan mod through bankruptcy court, was denied due to the judge assigned is not in the pilot program what can

i do

Harlene Miller
Harlene Miller
answered on May 9, 2017

This is a brand new program and I am aware that only one judge in Orange County is participating in the pilot program - it was specifically set up that way. I attended a recent presentation on this program and at that meeting, it was suggested that transferring the case to the participating judge... View More

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