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California Bankruptcy Questions & Answers
2 Answers | Asked in Bankruptcy, Civil Litigation, Consumer Law and Contracts for California on
Q: 1998 Bankruptcy included student loans. Can a lawyer help me get them discharged/forgiven?

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

Nels Hansen
Nels Hansen
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...
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1 Answer | Asked in Bankruptcy, Criminal Law and Consumer Law for California on
Q: Was in need of money for rent and few bills. Have 4 kids

Had to get a title loan. Minimum was 2500. Loan amount owed. 48 payments of 335.00 equaling 16,080 dollars!!! Is it this legal? I can't and won't pay that much. What our my options? I accept losing my car

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 16, 2017

See: http://ag.ca.gov/consumers//general/usury.php re: usury laws in CA, which your loan might violate.

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,...
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1 Answer | Asked in Bankruptcy for California on
Q: I work for a corporation that may declare bankruptcy. There are receivables still pending. Can I alert the companies

Can I let companies that owe money to pay the subcontractors directly to ensure that they are paid? Rather than if the corporation gets paid, they will not pay the subcontractors.

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 16, 2017

You might be fired or sued by the corporation if you do this without their authorization, especially if you're a fiduciary. 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,... View More

1 Answer | Asked in Foreclosure and Bankruptcy for California on
Q: I just lost my home in New Mexico due to foreclosure sale few days ago. Can I file bankruptcy in order to keep my home?

But if it too late, what should I do next? I live in California but my home is in New Mexico. The people who rented my home got enviction note to leave the property by September 2. I really want to keep this home. It there a way to do it?

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 16, 2017

Was the foreclosure wrongful? If so, you may be able to appeal the decision or sue for wrongful foreclosure. As for bankruptcy, there are various options, including possibly Chapter 13, but you should see if you qualify by discussing this with a bankruptcy lawyer. See:... View More

2 Answers | Asked in Bankruptcy for California on
Q: Can i be garnished by a payday loan if im in a bankruptcy
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 16, 2017

Your question is vague. 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 media appearances/ publications on my law practice... View More

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1 Answer | Asked in Bankruptcy, Consumer Law and Collections for California on
Q: Is there a way to negotiate car repo fees?

My car was repo'd; I knew I was behind and did contact TFS, to get a payment plan and they said no; they weren't very helpful. The last time I called TFS on August 12, I said that I hadn't been paid yet. I was due to be paid on the 19th & I told them, I was actively looking for... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 16, 2017

You may be able to reach out to them to negotiate a payment plan. Are they suing you to collect? Or is there a collections agency seeking payment? If there's an agency, you may try to negotiate a payment with them for full settlement of the debt. It's best to have a lawyer handle that so... View More

1 Answer | Asked in Bankruptcy for California on
Q: How to apply for bankruptcy? What to expect?
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 9, 2017

See: http://www.uscourts.gov/services-forms/bankruptcy

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. This answer does not constitute legal advice; make any predictions, guarantees, or warranties;...
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1 Answer | Asked in Bankruptcy, Consumer Law and Collections for California on
Q: Can I enforce a federal court judgement (from a district in CA) by filing a writ in state court, also in CA.

I was awarded sanctions (attorney fees) from the federal bk court, after someone sued me (in state court). By suing me and maintaining the suit, they violated the injunction against the collection of discharged debt. Now I am trying to collect these sanctions and *surprise* they are not paying.... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 7, 2017

If the defendant is not obeying the court order, you can file a motion for contempt in the same court that issued the order. 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

1 Answer | Asked in Bankruptcy and Civil Litigation for California on
Q: Is Bankruptcy my direction to go?

Hello. I was sued on 07/01/16. for 6,000. I did not file answer to the complain. And now they have filed for REQUEST FOR ENTRY OF DEFAULT. I would still like to settle this debt with a repayment plan. But i have no source of income. I'm not working right now. I have no Bank account. I'm... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 7, 2017

Declaring bankruptcy for a $6000 judgment sounds excessive. They may pursue you via collections agents if they're not paid. Sometimes collections agents will try to attach your assets, but if you have none then that may prove frustrating for them. Sometimes collections agents will settle your... View More

1 Answer | Asked in Bankruptcy for California on
Q: Can chapter 13 trustee request bank statements from non filing spouse when debtors name is NOT on account?

Husband filed chapter 13. Wife trying to protect herself

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 17, 2017

Review my response to your other similar question. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client... View More

1 Answer | Asked in Bankruptcy for California on
Q: Can chapter 13 trustee request non filing spouses tax return over the course of 5 years if they are separated?

Wife of husband who filed Chapter 13. Trying to protect my future income as I'm stay at home mom now. What happens if I say no?

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 17, 2017

Trustees have the right to collect all relevant financial information about the party declaring bankruptcy. A spouse's financial information may be relevant indeed, even if they're separated. Your attorney may consider objecting based on relevance, if applicable. The best first step is an... View More

1 Answer | Asked in Bankruptcy for California on
Q: Hello Sir, Could you advise if Hobby Shack/Hobby People filed bankruptcy for their business? Thank you. Jack
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 14, 2017

Check the court records in the Federal Bankruptcy Court where the company is headquartered - they should have case information partially available online, or you can call the Court Clerk to ask. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law... View More

1 Answer | Asked in Social Security, Bankruptcy, Civil Litigation and Collections for California on
Q: I received a summons regarding unpaid (& undisputed) credit card debt. I am disabled, with SS as sole income.

I was laid off in 2012. I continued to pay all debts until approx Jan 2016 when I ran out of money (including liquidating all retirement savings). I have been on disability since June 8, 2015. I was granted Social Security benefits - my only source of income - in July 2016. I have no car, no real... View More

Sergio G. Chaidez
Sergio G. Chaidez
answered on Aug 9, 2016

It is better to get out ahead of them. While SSI & SSDI direct deposits are exempt, that will not necessarily prevent a judgment creditor from trying to collect against them and forcing you to explain why they are exempt.

1 Answer | Asked in Bankruptcy, Divorce and Real Estate Law for California on
Q: Filling for bankruptcy, still in a home loan with my ex- wife how should that work with her not losing the property

Divorce 6 years, on the decree I gave her the house and other assets , however my name was never removed from the loan she's been late numerous times now affecting me me on a purchase of a home for my self,, therefore I have no alternative then to file for bankruptcy... How would that affect... View More

Richard Samuel Price
Richard Samuel Price
answered on Jun 13, 2016

You should include the loan in your bankruptcy filing for discharge. If you are not on title to the house and you have no ownership of the home, then your bankruptcy shouldn't affect the home. Consult with bankruptcy counsel for a full consultation.

1 Answer | Asked in Bankruptcy and Real Estate Law for California on
Q: My mortgage was discharged under chapter 7 , a month later i moved out why the mortgage sent me a notice of default
Richard Samuel Price
Richard Samuel Price
answered on Jun 11, 2016

You will continue to receive notices regarding the foreclosure, even though the debt was discharged under bankruptcy.

1 Answer | Asked in Bankruptcy and Immigration Law for California on
Q: My husband wanted to file bunkruptcy. Where can we find a pro bono bunkruptcy lawyers in L, A? Desperately need help

My husband wanted to add my crdt crd debts for us to start fresh.will it affect my citizenship which im going to file nxt year? Thank you and God bless

Shan Dimitris Potts
Shan Dimitris Potts
answered on May 19, 2016

You can go to the State Bar of California website to find pro-bono attorneys.

All the best.

-Shan Potts

Like our facebook page for regular immigration and visa updates - www.facebook.com/pottsmartinez

15 years of successful immigration law experience. The answer...
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1 Answer | Asked in Bankruptcy for California on
Q: What is an order on application for supplemental fees in a Chapter 13 bankruptcy? I'm the debtor,do I have to pay extra?

The form says "That the sum of $750 is allowed Applicant as compensation for extraordinary services referred to in the Application and the chapter 13 trustee is directed to pay the unpaid balance of $750 from the estate of the Debtor as funds permit.

R. Grace Rodriguez
R. Grace Rodriguez
answered on Apr 6, 2016

You just might. In a normal chapter 13 bankruptcy, your repayment plan may provided for you to pay a percentage to unsecured creditors. If your attorney does extra work in your bankruptcy after it has been confirmed, the court may give such an order. It is possible that the percentage that will... View More

1 Answer | Asked in Bankruptcy for California on
Q: What does it mean when a creditor gets relief from a automatic stay without a waiver of the 14 day stay?

I'm in a chapter 7 bankruptcy. The finance company got relief from the automatic stay without a waiver of the 14 day stay. Does that mean I have two weeks to keep your vehicles or not?

R. Grace Rodriguez
R. Grace Rodriguez
answered on Apr 6, 2016

Normally before a bankruptcy court order becomes effective there is a 14 day waiting period to give the parties a chance to request reconsideration or file an appeal on the order. If the court did not waive the 14 days, then the order is not effective for 14 days and the finance company cannot act... View More

1 Answer | Asked in Bankruptcy for California on
Q: A Paralegal made false and misleading statements to me which lead me to file a chapter 7. how can I get it dismissed?

I have four suspended LLC's, I asked a Paralegal how can I get the suspension lifted so I can sell a rental property to pay what I owe. The Paralegal made false and misleading statements, that " if you file a bankruptcy, the automatic stay will lift the suspension so you can sell your... View More

R. Grace Rodriguez
R. Grace Rodriguez
answered on Apr 6, 2016

Yes you can file a lawsuit for the fraud. But even better, if you look at your bankruptcy filing, you will see that there is information regarding the United States Trustee's office. You should contact that office and file a complaint against the Paralegal for giving legal advice.

1 Answer | Asked in Bankruptcy and Collections for California on
Q: I gave a personal loan of $9500 to someone who's now filing bankruptcy. Is there anything I can do to get my $ back?
R. Grace Rodriguez
R. Grace Rodriguez
answered on Apr 6, 2016

It depends on a number of factors as to whether you can get your money back. As an attorney the first thing I would want to know is whether this person is filing a Chapter 7 or a Chapter 13 bankruptcy.

If filing a Chapter 7 Bankruptcy, and the Debtor has assets or makes to much money to...
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