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California Bankruptcy Questions & Answers
Q: I was a student and then I dropped my classes and went home overseas.I still owe my college money.Can I get the us visa?

My semester pay plan was split into four. I made the first payment, studied for a month and then dropped the classes and went back to my home country. Since I didn't complete the whole semester and owe some money will that be an obstacle to get the us tourist visa? If it will be a problem... View More

Shan Dimitris Potts
Shan Dimitris Potts
answered on Jan 5, 2016

First step would be to talk to an attorney and have the attorney talk to the college you studied to find out if they have any complaints against you and act accordingly. So talk to an attorney soon, All the best.

15 years of successful immigration law experience. The answer above is only...
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1 Answer | Asked in Bankruptcy and Immigration Law for California on
Q: i want to file for bankruptcy, but I\'m afraid its gonna affect my citizenship status, i am a green card holder
Camlinh Nguyen Rogers
Camlinh Nguyen Rogers
answered on Dec 27, 2015

There are questions and answers similar to your situation on our website at http://aba-us.com/other-services/?lang=en. You can take a look for general information. Good luck.

1 Answer | Asked in Bankruptcy for California on
Q: i have 2 civil lawsuits can I file bk instead of fighting them, I have no money for a lawyer to retain, can I get help.
Andy Chen
Andy Chen
answered on Nov 25, 2015

You can file for bankruptcy, assuming you qualify for it. Depending on the circumstances, however, this may or may not get you any relief with respect to the lawsuits. A bankruptcy can delay a concurrent case, but it generally does not get rid of a concurrent case.

People who have been...
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1 Answer | Asked in Bankruptcy and Intellectual Property for California on
Q: What happens to trademark for companies that are bankrupt or out of business?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 2, 2015

The right to the trademark may have been sold by the bankruptcy trustee or as a part of the liquidation of the business. But probably not.

1 Answer | Asked in Bankruptcy for California on
Q: I filed a chapter 7 about 2 years ago and it was successful.I lost my job and things got worst. Can I file a chapter 13?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 20, 2015

Yes, but you probably are not eligible for a discharge.

1 Answer | Asked in Bankruptcy for California on
Q: how can i get a power of attorney, to file a bancruptcy for a other friend?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 8, 2015

Generally you can't. A power of attorney doesn't enable you to act as someone's attorney at law and an attorney AT LAW is the only one who can file documents in court for other people. A power of attorney authorizes the holder of the POW to act as an attorney IN FACT. There is a... View More

1 Answer | Asked in Bankruptcy, Collections and Estate Planning for California on
Q: If I am behind on the rent for my small business, can the land owner place a lien on my house?

I run a massage shop and rent the commercial space from the property owner. The lease expired a year ago and I have since been renting the space on a month-to-month basis. I have been unable to pay rent for two months now due to recent health problems. I told the management company they can have... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 6, 2015

Probably not. Go get specific advice from a local attorney about this, and for a complete discussion.

1 Answer | Asked in Bankruptcy, Divorce and Immigration Law for California on
Q: Got divorce in Mexico, now she is asking me to pay her credit card debt

Legally (7 years) 5 years married, 2 years separated then divorce in Mex, 3 weeks ago. she is threatening me to take my Green Card(2years with it) and make me pay for her credit cards... should I protect myself and how... any help thank you,

note: green card is for 10 years ( not on... View More

Shan Dimitris Potts
Shan Dimitris Potts
answered on Sep 3, 2015

Do not worry, your green card will not be affected, and she can not take your green card away just like that. If you have had this green card for more than 5 years and you get divorced you may be able to apply for citizenship. Talk to an immigration attorney to help you with this process. All the... View More

1 Answer | Asked in Bankruptcy for California on
Q: Am I responsible for my lease if the company didn't reaffirm the loan?

I filed for bankruptcy in June of last year. I checked that I would like to reaffirm my lease. The company stated they never received notice until after it was discharged. I have been paying but my credit shows an outstanding balance which is not going down. If I decided to give the car back now... View More

Robert Gambrell
Robert Gambrell
answered on Aug 23, 2015

First, you do not reaffirm a lease or any other type of executory contract. Instead you assume the lease, which is a type of executory contract. The bankruptcy code states that to assume a consumer executory contract, you simply must send a letter to the lessor stating that you are assuming the... View More

1 Answer | Asked in Bankruptcy for California on
Q: does reopening bankruptcy discharged in 2011 to motion avoid lien affect credit or bankruptcy falling off credit report?

I need my ex-wife to clear a judgement lien from my house but she won't if it resets the waiting period until the date she can borrow more money.

Robert Gambrell
Robert Gambrell
answered on Aug 23, 2015

The reopening of a case does not change the date of the filing of the bankruptcy nor does it change the discharge date. Your ex-wife's problem with her credit is much greater than a 2011 bankruptcy. I have clients that follow my advice that have a credit score in the high 600s (675 to 680)... View More

2 Answers | Asked in Bankruptcy and Collections for California on
Q: What are my options?

If I owe a debt to one creditor and they got judgement on me and a writ of execution was issued but I have had no income. They sold the debt can the new creditor get another writ of execution or is there another process?. I am starting a job soon can I do anything about it before I start

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 20, 2015

Consult a Bankruptcy attorney. By filing for Bankruptcy you will eliminate the writ of execution.

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1 Answer | Asked in Bankruptcy for California on
Q: Three years ago was involved in a divorce in California. In the marriage settlement agreement we both agreed to take

one house and be 100 percent responsible for the payments, as we had 2 homes together. At the time we could not refinance one of them as it was upside down, so we are both still on both mortgages. I have since become unemployed and I am facing foreclosure on my property. I am now starting a... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Aug 11, 2015

You need specifically tailored legal advice from a local bankrutpcy attorney, not just general information about bankrkuptcy.

1 Answer | Asked in Bankruptcy for California on
Q: RE Water rights. Lost property 12 years ago through bankruptcy, Can we petition to get our water rights back?

We kept 2 5-acre parcels and need water for orchard on the ten, Lost through bankruptcy but buyers never have called for the water, which, I have read should have been requested at time o the new owners purchase.

Robert Jason De Groot
Robert Jason De Groot
answered on Aug 11, 2015

You are asking for specifically tailored legal advice and for that you need to go see an attorney. It is not just general information that you need.

1 Answer | Asked in Bankruptcy for California on
Q: I have questions about my CH7 advisary case. How hard is it to reopen discovery?

I will have some extra evidence ready soon and would like to reopen discovery to admit it. What should I do to convince the court to admit my new evidence, which is an accounting of the documents already entered into evidence.

Robert Jason De Groot
Robert Jason De Groot
answered on Aug 11, 2015

See a local bankruptcy lawyer about all the questions you have for a full discussion. Has the adversarial proceeding been tried yet? You did not say.

1 Answer | Asked in Bankruptcy for California on
Q: House was granted to me in divorce and quick claim deed done Both names still on loan If Ex files Bky will it effect me
Robert Jason De Groot
Robert Jason De Groot
answered on Aug 11, 2015

Basically, the debt will be discharged as to him. The effect on you is that you still owe it.

1 Answer | Asked in Bankruptcy for California on
Q: Have a BK 13 3 years ago, House upside down and bills piled high. A second mortgage was listed. Can that bank never

issue the conveyance to remove the deed of trust?

Robert Gambrell
Robert Gambrell
answered on Jul 26, 2015

If your chapter 13 plan has not been completed and the value of the home on the Petition Date was less than the payoff balance on the 1st mortgage on the Petition Date, then an adversary proceeding needs to be filed requesting that the Bankruptcy Court strip the 2nd mortgage lien. If that is not... View More

1 Answer | Asked in Bankruptcy for California on
Q: mailing a matrix, what form is that, do I compose the form
Kevin W. Chern
Kevin W. Chern
answered on Jun 18, 2015

In some materials, the matrix will be referred to as the master mailing list or creditor mailing list. It is not a form, but there are very specific instructions as to how you must create this file. You can find them on the US Court website for your jurisdiction.

However, if you're...
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1 Answer | Asked in Bankruptcy for California on
Q: What does disputed mean in bankruptcy?

I am filing bankruptcy and the forms ask whether each debt I list is disputed. What does that mean?

Robert Gambrell
Robert Gambrell
answered on Jun 12, 2015

If you believe that you do not owe the money, that you do not owe as much money as the creditor claims that you owe or if you dispute that the claim is secured, then you should check the disputed mark.

That issue would be a very simple concept for an attorney. If you are having problems...
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1 Answer | Asked in Bankruptcy for California on
Q: What does disputed mean in bankruptcy?

I am filling out bankruptcy forms and they ask if each debt is disputed. What does that mean?

Kevin W. Chern
Kevin W. Chern
answered on Jun 11, 2015

If you're having difficulty understanding the forms, you may want to consider speaking with a bankruptcy attorney before proceeding. Trying to save money by filing bankruptcy on your own can end up being very expensive if you make mistakes or leave something out.

In simple terms,...
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1 Answer | Asked in Bankruptcy for California on
Q: Is it true that you can't buy a house if you have filed bankruptcy?

My bankruptcy was discharged in 2012 and I am on my feet and want to start looking for a house, but people are telling me that I can't get a loan after filing bankruptcy.

Kevin W. Chern
Kevin W. Chern
answered on Jun 6, 2015

There is no rule or law that prevents you from purchasing a home after you've filed for bankruptcy. It's true that it may be more difficult to get approved for a home loan after filing for bankruptcy, but that depends to a great degree on how you've managed your credit and finances... View More

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