Ask a Question

Get free answers to your Bankruptcy legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
California Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy for California on
Q: My spouse filed a answer to what should have been a simple default divorce. How do I move this forward
Madhu Kalra
Madhu Kalra
answered on Nov 1, 2013

This is not a bankruptcy question. Would recommend contact an attorney to seek assitance with guidance in proceeding with the setting up of hearing and complaiance with the disclosures prior to setting it for hearing. You may consider contacting Self Help centers in the court house for directions... View More

1 Answer | Asked in Bankruptcy for California on
Q: I had filed bankruptcy in June 2009 and I'm in need to obtain the record for "schedule of liabilities". Where can I get?
Madhu Kalra
Madhu Kalra
answered on Nov 1, 2013

Contact your lawyer, if you had one or contact the U.S. Bankrutpcy Court clerk, you should be able to obtain a copy of the file.

1 Answer | Asked in Bankruptcy for California on
Q: Can a business under chapter 11 due renovations to his property?

I'm a creditor in a chapter 11 small business case. It's been brought to my attention that the said debtor is doing renovations to the property of the business in question..Is this acceptable practice? CA Central District.

Madhu Kalra
Madhu Kalra
answered on Nov 1, 2013

No, unless its reasonable and necessary repair.

1 Answer | Asked in Bankruptcy for California on
Q: Can a CEO's personal bank records be subpoenaed in a Chapter 7 bankruptsy if embezzlement is alledged or found?
Madhu Kalra
Madhu Kalra
answered on Oct 30, 2013

Not clear what is the relation of CEO with respect to chapter 7 bankruptcy. Did CEO's company filed bankrutpcy. May be. Contact your attorney, who assisted you with your claim in chapter 7 matter for more specific response to this questions.

1 Answer | Asked in Bankruptcy for California on
Q: Can the back due child support be declared in bankruptcy and the debt cleared?
Madhu Kalra
Madhu Kalra
answered on Oct 30, 2013

Child support is non-dischargeable debt in bankruptcy.

1 Answer | Asked in Bankruptcy for California on
Q: I took a equity loan on my home and it foreclosed in 2010. resold in 2011 for more than I owed.Am I responsible for loan
Madhu Kalra
Madhu Kalra
answered on Oct 30, 2013

Facts are not very clear. I am presuming you took home equity loan but after you took loan, you home is foreclosed by 1st trust deed holder and sold for more than you owed at a private sale.

If house was foreclosed by other lender, you will continue to be responsible for home equity loan.

1 Answer | Asked in Bankruptcy for California on
Q: Am I liable for medical bills paid by my ex who has filed bankruptcy and included those accounts in her bankruptcy
Madhu Kalra
Madhu Kalra
answered on Oct 30, 2013

Question is not clear, if the bills were incurred while your both were married? Was your name on the medical bills accounts. If the bills are community debts and or you were jointly obligated to pay the medical bills and your ex-spouse filed her bankruptcy, you may be responsible for the unpaid... View More

1 Answer | Asked in Bankruptcy for California on
Q: Filed BK CHAPTER 7 decided to keep the house but the bank in not reporting my payment to the credit agency because on

Tried to refinance but the bank refused because the BK

Madhu Kalra
Madhu Kalra
answered on Oct 30, 2013

If you filed chapter 7 and did not reaffirm the mortgage loan, bank is not required to report the payment to the credit agency.

I understand, bank you had contacted refused to refinance, however, you can continue to search for lender, who would be willing to refinance, despite of fact, your...
View More

1 Answer | Asked in Bankruptcy for California on
Q: Do I have a case if interest is to high ? And bank refuses to work with debtor

Filed a chapter 7 bankruptcy and fell behind on a 6.75% loan and am told a move to foreclose may happen

Madhu Kalra
Madhu Kalra
answered on Oct 30, 2013

It depends upon your home loan, if you qualify for loan modification program. If your loan is not of a kind, which is qualify you for loan reduction and you filed for chapter 7 bankruptcy, you house is not protected, bank may move to seek relief from stay and continue with foreclosure proceedings.... View More

1 Answer | Asked in Bankruptcy for California on
Q: There is a lien on my home. What can I do? Never received summons or judgment. Filed in 2008

This lien was resulting from a credit card not paid due to unemployed.

Phyllis Voisenat
Phyllis Voisenat
answered on Oct 25, 2013

If you were not served, then you would file a motion to vacate the default judgment in the same case.

1 Answer | Asked in Bankruptcy for California on
Q: I DID CHAPTER 7 INCLUDED MY SECOND MORTGAGE HOME LINE EQUITY OF CREDIT .CAM THAT BE WRITTEN OFF
Madhu Kalra
Madhu Kalra
answered on Oct 14, 2013

If you intend to keep the house and continue to pay 1st mortgage, you would need chapter 13 to strip off 2nd mortgage.

2nd Mortgage lien will only be strip off, if the outstanding principal balance of 1st mortgage exceeds house value. For additional information, you can contact us at...
View More

1 Answer | Asked in Bankruptcy for California on
Q: My ex wife filed bankruptcy. We have a condo that I have been paying for 7 years She included this in bankruptcy

Divorce agreement was that the condo was to be sold and proceeds divide. There was not equity because of interesst only loan. The monies owe was more that the value of the condo. Will I lose the condo? I have remarried.. and I don't want to lose the condo. Imake the payments faithfully

Madhu Kalra
Madhu Kalra
answered on Oct 14, 2013

If there is no equity , bankruptcy trustee will not be interested in forcing Condominium Sale. Recommend that you contact an attorney to discuss your case to ensure there is no equity.

1 Answer | Asked in Bankruptcy for California on
Q: How long is the statue of limitation for student loans???
Madhu Kalra
Madhu Kalra
answered on Oct 14, 2013

4 years for private student loans

1 Answer | Asked in Bankruptcy for California on
Q: A new landlord took over on May 1st made no contact with my until the 20th. Do I owe them the full months rent?

He introduced himself in an email on the 20th and asked for the rent. I basically had no landlord for 20 days. We even had a mouse running around and had no one to call to notify. Am I obligated to pay the full months rent or just prorated from the 20th to the end of the month?

Scott Jordan
Scott Jordan
answered on Jun 12, 2013

You owe for the full month of May.

1 Answer | Asked in Bankruptcy for California on
Q: I am disabled and need to file a bankruptcy, what paper work do I need to bring with me to the initial consultation?
Scott Jordan
Scott Jordan
answered on Jun 12, 2013

You should have your most recent free annual credit report. A copy of your most recent bank statement and tax return. You should also bring 6 months worth of disability checks to show income.

1 Answer | Asked in Bankruptcy for California on
Q: What is an application for supplemental fees?
Scott Jordan
Scott Jordan
answered on Jun 12, 2013

An application for supplemental fees is made by a person who is requesting additional fees for services provided. For instance, if an attorney representing a client in a Chapter 13 bankruptcy charges one fee at the beginning of the representation and then provides additional services not included... View More

2 Answers | Asked in Bankruptcy for California on
Q: Are zero-value stocks "assets" in a bankruptcy application (California)?

When I filed for bankruptcy 4 years ago, I had stocks that had zero value -- companies that went out of business. Since they had no value, I presumed they were not assets and didn't bother listing them. Did I, then, commit perjury when I signed the application that didn't list them, under oath?

Scott Jordan
Scott Jordan
answered on Jun 12, 2013

That is difficult to say. Perjury requires intent and you seem to not have the requisite intent, so probably not. The real issue, however, is whether your discharge could be removed for fraud. Had the companies gone out of business prior to your filing? If the answer is yes, then I would argue... View More

View More Answers

1 Answer | Asked in Bankruptcy for California on
Q: Do I need a lawyer to file for bankruptcy?
Scott Jordan
Scott Jordan
answered on Jun 12, 2013

No, you are not required to hire a lawyer for bankruptcy.

But, you would be wise to hire a lawyer if you believe you should file for bankruptcy protection. With the changes in the law in 2005, the need for expert advice and know-how is vital for success. I recently read that about 85% of...
View More

1 Answer | Asked in Bankruptcy for California on
Q: Can i obtain a discharge paper for a bankruptcy of which we didn't file. I have the case #and date
Kathryn U. Tokarska
Kathryn U. Tokarska
answered on Apr 10, 2013

Check www.pacer.gov

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.