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California Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy for California on
Q: How do I retrieve my bankruptcy Filing Date?? It's already discharged. Need it for verification purposes. CA Resident.
Kathryn U. Tokarska
Kathryn U. Tokarska
answered on Apr 10, 2013

If you used an attorney, a quick call to him/her will provide you with the answer. If not, there are several ways. If you have the original notice of bankrutpcy filing, which was mailed to you right after you filed the case, you can find the filing date towards the top of this form. If you... View More

1 Answer | Asked in Bankruptcy for California on
Q: Are garnishments considered secure debts in a chapter 7?On schedule F how do I list debts that have gone to collection?
Kathryn U. Tokarska
Kathryn U. Tokarska
answered on Apr 10, 2013

Not necessarily. Garnishment can be result of an unsecured creditor (such as credit card account) having filed a lawsuit and obtained a judgment. You would list the original creditor information on schedule F, then list any collection agencies on the Creditor's Matrix. If you have been sued... View More

1 Answer | Asked in Bankruptcy for California on
Q: May a mortgage servicer whose proof of claim was disallowed then move for or receive relief from the automatic stay?

Before the mortgage servicer's claim was disallowed, a previous attempt was made by the mortgage servicer to lift the automatic stay. It failed due to lack of standing.

It was before the proof of claim was disallowed and the motion to lift automatic stay was dismissed without... View More

Kathryn U. Tokarska
Kathryn U. Tokarska
answered on Apr 10, 2013

Probably. Not sure why the proof of claim was disallowed. Generally speaking a secured creditor who is not receiving regular payments can seek motion for relief of stay in order to foreclose on the property. If you are trying to prevent foreclosure and don't have an attorney representing... View More

1 Answer | Asked in Bankruptcy for California on
Q: How can I do bunkruptcy
Kathryn U. Tokarska
Kathryn U. Tokarska
answered on Apr 10, 2013

This is too broad of a question to answer in this forum.

1 Answer | Asked in Bankruptcy for California on
Q: In bankruptcy will I be allowed to keep my vehicle? Truck is valued at $4500 I owe $8000.
Kathryn U. Tokarska
Kathryn U. Tokarska
answered on Apr 10, 2013

Since you owe more than the value of the truck, it means you have no equity in the truck and unless you fail to make paymens on the vehicle or fail to sign a reaffirmation agreement (but only if the creditor is the type that insists on reaffirmations) then you can keep the truck. Even if you had... View More

1 Answer | Asked in Bankruptcy for California on
Q: Notice of Change of Creditor Payment Address, whether we have to file in all Bankruptcy courts
Kathryn U. Tokarska
Kathryn U. Tokarska
answered on Apr 10, 2013

If you are a creditor with pending cases in several different courts and you have changed your address, then yes you would need to file notice of change of address with each court where the cases are pending.

1 Answer | Asked in Bankruptcy for California on
Q: IS IT LEGAL FOR THE TRUSTEE TO DISMISS A CHAPTER 13 BECAUSE OF A MATH ERROR ON THE COURTS PART.
Kathryn U. Tokarska
Kathryn U. Tokarska
answered on Apr 10, 2013

The Trustee does not have the authority to dismiss a case. Only the court can dismiss a case. The Trustee however can motion the court for a dismissal. Filing a motion is a way of asking for the court to do something. If the court agrees that Trustee has valid basis for seeking dismissal it can... View More

1 Answer | Asked in Bankruptcy for California on
Q: I'm a claimant,former employee,of hostess bankruptcy. I need a lawyer. How do I find one?
Kathryn U. Tokarska
Kathryn U. Tokarska
answered on Apr 10, 2013

There are several ways to get referrals for local attorneys. Best way is to ask friends/family. Another option is to contact your local bar association for a referral. If you are looking for assistance on a bankruptcy related matter I would hire an attorney who is a member of the National... View More

1 Answer | Asked in Bankruptcy for California on
Q: IF WE CLAIM BANKRUPCY DOES IT AFFECT MY INHERITANCE FROM A LIVING TRUST, MY MOM JUST DIED?
Kathryn U. Tokarska
Kathryn U. Tokarska
answered on Apr 10, 2013

Potentially yes! Do not even think about filing for bankruptcy unless you have consulted with a bankrutpcy attorney who has determined that the inheritance is exempt and cannot be taken by the Trustee for the benefit of your creditors.

1 Answer | Asked in Bankruptcy for California on
Q: Is it legal for a debtor who submitted assets in a bankruptcy try to collect from a creditor that was discharged?
Kathryn U. Tokarska
Kathryn U. Tokarska
answered on Apr 10, 2013

This question is very confusing. Why would a debtor be trying to collect from a creditor? Why would a creditor receive a discharge? Debtor receives a discharge. Perhaps you meant to ask whether it is legal for a creditor to attempt to collect from a debtor on a debt that was discharged in... View More

1 Answer | Asked in Bankruptcy for California on
Q: I need to file for bankruptcy and have my credit cleared. Do I need an appointment or can I walk in?
Kathryn U. Tokarska
Kathryn U. Tokarska
answered on Apr 10, 2013

Not sure I follow your question. Walk into where?

1 Answer | Asked in Bankruptcy for California on
Q: Can a creditor garnish my social security check after he sues'
Kathryn U. Tokarska
Kathryn U. Tokarska
answered on Apr 10, 2013

Only certain types of creditors can go after the garnishment of social security checks, for example a creditor seeking payment for federal student loan(s). If this creditor is a credit card, the answer is no they cannot garnish the social security check. However, they can levy your bank account.... View More

1 Answer | Asked in Bankruptcy for California on
Q: Filed bankruptcy to avoid a foreclosure on my home, but the bankruptcy was not completed. It is on my credit report.
Kathryn U. Tokarska
Kathryn U. Tokarska
answered on Apr 10, 2013

What is your question? I assume you are concerned that the bankruptcy is on your record, even though it did not complete. Unfortunately, the bankruptcy will remain on your credit report for 10 years, regardless if the bankruptcy case is successful. This is another good reason why consulting and... View More

1 Answer | Asked in Bankruptcy for California on
Q: Need to file Chptr 7 but hard pressed to pay court filing fees and attorney fees. Pro Bono services avail?
Kathryn U. Tokarska
Kathryn U. Tokarska
answered on Apr 10, 2013

This depends on your local jurisdiction. For example, San Diego county does not provide bankruptcy representation in their pro-bono clinics or through legal aid servicing indigents. This somewhat makes sense only from the perspective that state and county resources are limited and choices must be... View More

1 Answer | Asked in Bankruptcy for California on
Q: Can a husband file bankruptcy in a divorce case to prevent the wife from getting alimony or property?
Kathryn U. Tokarska
Kathryn U. Tokarska
answered on Apr 10, 2013

I can't think of how filing for bankruptcy would accomplish such goals. You can't file bankruptcy in a divorce case. Bankruptcy is a separate legal matter handled in the bankruptcy court, under federal court system. A debtor files the case with the Bankruptcy court. Family law matters... View More

1 Answer | Asked in Bankruptcy for California on
Q: I am in 30,000 debt with a loss in pay and not able to make payments. Should I try a DMP or file bankruptcy?
Kathryn U. Tokarska
Kathryn U. Tokarska
answered on Apr 10, 2013

Without more facts it's impossible to answer this question. If a debt management program is manageable with some tweeking of your budget then certainty it may be worth a try. There is no minimum amount required as far as debt in order to file for bankruptcy protection. Whether filing... View More

1 Answer | Asked in Bankruptcy for California on
Q: Is a judgment for illegal rental income based on false pretenses and associated property damage nondischargeable?

A judgment against my ex-landlord for signing a lease agreement with intention of obtaining illegal rental income and property damage due to multiple floods of the unit (after multiple notices, causing inhabitable conditions). This ruined my belongings, bedroom furniture, and made me sick. Since... View More

Michael Grennier
Michael Grennier
answered on Dec 29, 2012

It may well be nondischargeable. An act to intentionally cause harm to person or property is nondischargeable. In order to determine such, you will need to file a motion to determine the dischargeability of a debt and have the court make the determination.

1 Answer | Asked in Bankruptcy for California on
Q: Would the bankruptcy affect my rental property in another state than california
Michael Grennier
Michael Grennier
answered on Dec 29, 2012

It will depend on the equity value of the property and the amount of monthly rents being collected, if any.

2 Answers | Asked in Bankruptcy for California on
Q: How do I find the California case filing number for my bankruptcy? My ex took all documents and didn't give me a copy.
Michael Grennier
Michael Grennier
answered on Dec 29, 2012

You can create a free account on PACER to obtain all bankruptcy case information or call the bankruptcvy court for the case number.

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1 Answer | Asked in Bankruptcy for California on
Q: When selling business equipment should I use that money to pay bills before or after I declare bankruptcy?

My husband is selling his equipment, we plan on using the money to pay off some of our bills, but we would like to know if we should do it before or after we declare bankruptcy.

Ted A Greene
Ted A Greene
answered on Dec 3, 2012

Do not pay large amount of money to family, friends, or credit cards before filing chapter 7 bankruptcy. These are considered "preferences" and the bankruptcy trustee will be able to take such money back and re-distribute to all of the creditors on a pro-rata basis. The amount of money... View More

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