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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 
It says here:
http://www.legaldebtreliefcenter.com/attention-credit-law-debt-dismissal/
"Typically after you have fallen behind on payments, it takes between 90-180 days for your original creditors to write the debt off and turn it over to collection companies. These... View More
answered on May 5, 2017
The debt could be written off or charged off by the original creditor, however, that only means that the creditor is no longer attempting to collect the debt. The creditor could have sold the debt to a collection agency, that would then have the ability to attempt to collect and report on your... View More
In California. I filed chapter 7 and claimed 100 thousand for the homestead. I filed alone. Me and my wife qualify for the 175 thousand dollar homestead. We made under 35 thousand and I am over 55 years old. The Trustee said I can't claim it because I was not 55 when I filed for Bankruptcy. I... View More
Midland collection said they bought my delinquent loan from Wells Fargo. Last time I paid on it was 2010. They said they have been trying to get a hold of me and are now ready to settle. I asked if they have a judgement. They said they prefer not to go that route. I was leading that it was over 7... View More
answered on May 1, 2017
The time for bringing an action based on a written contract is 4 years. (http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=337). When that period expires depends on when you were determined to be in breach. I don't know if it begins from the date... View More
I have past verbal arrangements Ive been paying on to each of my parents, a friend, and foreign friends who live overseas. I never executed promissory notes in that time. I've paid more than $200 aggregate within last 12 months on each person. Should I make the promissory note now mentioning... View More
answered on Apr 28, 2017
If you owe them money, they would be listed as insiders to whom you made payments. Depending on how much was paid and when, the trustee may go after. If possible, have them return the money to you.
You can then exempt it and pay them back later. Discuss additional strategies with your... View More
California. I filed chapter 7 and claimed 100 thousand for the homestead. I filed alone. Me and my wife qualify for the 175 thousand dollar homestead. We made under 35 thousand and I am over 55 years old. The Trustee said I can't claim it because I was not 55 when I filed for Bankruptcy. I was... View More
answered on Apr 28, 2017
Unfortunately the exemption amount is determined at the time of filing. To get the higher exemption amount, you should have waited until you turned 55. The timing of a bankruptcy filing is critical. I wish you much success.
answered on Apr 28, 2017
You have to wait until the court has officially closed the case or abandoned the property otherwise it may belong to the bankruptcy estate. If the case has closed or the trustee abandoned, you should be okay to sell. Talk to your attorney to make sure one or the other has occurred.
answered on Apr 28, 2017
The bankruptcy should fall off automatically. If not, contact the respective reporting agencies and ask them to remove. This can be done online.
I stupidly signed off on the bankruptcy so that I was not included even though we were still married at the time.We foreclosed on 2 homes.This occurred in about 2007.
answered on Apr 26, 2017
What do you mean by signed off. She would not have needed your signature to file the bankruptcy.
If by signed off you mean you let it go, then you knew or should have known that the banks would follow through on foreclosure.
We sold the home & required to pay the loan the Lien at closing. Was this legal or should it have been dismissed per bankruptcy?
answered on Apr 25, 2017
A lien survives Bankruptcy whether it is listed in the schedules or not. Because the lien attaches to real estate, it follows the real estate until it is sastisfied. Any personal liability you may have had for the loan that led to the lien ( Debt) generally would have been discharged in a... View More
I do not have any assets to speak of. I paid all the money ordered by the criminal court -$12k for medical and loss wages but he now is suing for pain and suffering. He had an existing condition he claims was injured by me but has no real proof since doctor exam showed nothing.
answered on Apr 24, 2017
Debts for wilful and malicious injury are non-dischargeable. Whether the injury to the Plaintiff was wilful and malicious depends on the facts. You can wilfully shove someone without trying to wilfully and maliciously injury them.
You will need to consult with bankruptcy counsel to go... View More
My friend is in chapter 7 in SF Bay Area in Northern California. Her house is abandoned by her trustee recently.
Her trustee has been pressuring her to reduce or give up her homestead exemption, and she has been resisting. Her attorney terminated his representation during this disagreement.... View More
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answered on Apr 19, 2017
Yes she can file a Chapter 13 to save her asset. However, this would stop the foreclosure for a very short period of time. She has to be able to pay the arrears and the current mortgage or the bank will foreclose on her house. Specially, if she is not under the Stay protection. depending on... View More
HEARING" Ordered that debtor's bk is dismissed and court retains jurisdiction on all issues under bk code 110 etc.
In effect, what does this mean?
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answered on Apr 6, 2017
If the Notice of Dismissal is entered by the Court, then you can pursue the debtor again in Superior court. The Debtor will not be protected by the Bankruptcy Stay. However, wait until you get a copy of the Order of Dismissal or you check the Court docket. Best of luck.
I recently paid the "original" debt collector for a medical bill that was discharged through a 3rd party in May, 2016. Can the "original" debt collection agency demand payment even though the debt was discharged using a 3rd party collection agency?
answered on Apr 2, 2017
No, if you received a bankruptcy discharge the debt should be discharged. You should have listed all of your creditors and the collection agencies when you filed. Contact your bankruptcy attorney. You can search for an attorney using the Justia "Find a Lawyer" link at the top of this page.
I filed a small claim against him and his corp A, jointly. After the trail before judgment, he filed Chapter 7, personally and Chapter 11 on Corp A. This stops all collection efforts; however, he has another corp named corp B that he owns 100% which also owes money to me. Can I file sue against the... View More
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answered on Mar 31, 2017
First check on both bankruptcies if he declared them as assets in either bankruptcy. If he did not declared the ownership of the Corporation B in his individual bankruptcy, then check if he declared the stock ownership on the business bankruptcy. If he did not declared the Corporation B in either... View More
amend or refile?
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answered on Mar 30, 2017
Your attorney should alert the Trustee and amend immediately. Best of luck.
I got served with papers to evict me yesterday. But landlord would not take the rent I have it on text messages.and now I'm thinking About fililing for bAnkrupt. I need help.
answered on Mar 22, 2017
See: http://www.dca.ca.gov/publications/landlordbook/evictions.shtml
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 credentials, awards, honors, testimonials, and... View More
divorce court issued the heloc his responsibility, and primary residence mine. I do not want to lose my home.
answered on Mar 22, 2017
Did you two refinance the home so that only his name would be on the loan? If not, then you may have to file a cross-claim against him seeking indemnification if a lender sues you for a deficiency claim, see:... View More
The card is a Walmart card. Company behind the Walmart card is one of the creditors who was discharged. They are now coming after me for payments discharged in the bankruptcy! What do I do?
answered on Mar 18, 2017
Did you notify the creditor that you filed bankruptcy? If not do so immediately. You can also send them a copy of your discharge. Trying to collect on a discharged debt is a violation of the discharge injunction. If they continue to contact you after you inform them of your bankruptcy, you... View More
They are federal student loans serviced by Navient for attenting ITT Technical Institute. Further, the school has closed having lost federal approval for student loans, meaning they violated laws and misrepresented to students, perhaps that is a way towards forgiveness. I was an Instructor then... View More
answered on Feb 23, 2017
Short answer. Probably not. ITT was closed effective September 6, 2016. Go to the Department of Education’s website https://studentaid.ed.gov/sa/about/announcements/itt to see the latest news. You attended over 18 years ago so the Closed School Discharge is not available to you.
You... View More
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