There are 2 sets of exemptions available in CA. Code of Civil Procedure Sec. 704.010 et.seq or CA Code of Civil Procedure 703.140 which is only available in bankruptcy. When you file for bankruptcy, you have to decide which set of exemptions you want to apply. You can't pick and choose from... View More

No, your previous bankruptcy case from 14 years ago is not a related case. You should read the local rules for the district in which you plan to file and look for the definition of the term "related case." Usually you can find a copy of the local rules on the court's website.

You will have at least 1 court appearance known as the 341 creditors meeting. It's a brief meeting with the bankruptcy trustee who will ask you a few questions. If you file a chapter 13 petition (as opposed to a chapter 7) you may also have a hearing to address problems with your proposed... View More

Can you clarify your question? Based on what you are saying and the fact that your question is posted in the bankruptcy section, I have to conclude that you are asking if you should file for bankruptcy. Right now, you only have the threat of a lawsuit. There is no reason to rush to the... View More

The purpose of chapter 7 is to discharge unsecured debts. Chapter 7 does not affect liens on your house, but if the underlying debt is dischargeable, you are no longer personally responsible for the debt after the chapter 7 discharge. Yes, a typical creditor has to get a judgment first and then... View More

I am assuming you are asking how you can find out if the owner is telling you the truth. The owner would have had filed for bankruptcy in the district where he resides and you can go to the bankruptcy court and search by his name and see if he filed a bankruptcy petition or you can subcribe to the... View More

Yes, you can do a short sale while a chapter 7 bankruptcy case is pending, but the bankruptcy court has to first grant a relief from the automatic stay. While the lender can file a motion for relief from the automatic stay, it is unlikely that the lender will do so to make a short sale possible.... View More

A corporate reolution is a document that states the problem that a company is facing and the course of action that the corporation's board of directors has chosen to follow as a matter of policy. This serves as written instructions to the corporation's officers. No one corporate officer... View More

In general, if the lien was secured by the property, then it is dischargeable to the extent that the property is no longer available. If you like, please call me and I can explain in more detail.

Yes there is. You can pull any bankruptcy records from the PACER system, which is run by the federal government. You will need to register and provide a credit card number, but PACER costs are very inexpensive. http://www.pacer.gov

It means that one of your creditors is requesting that the Court permit them to continue collecting on your debt to them, in spite of your bankruptcy proceeding. You should immediately check with a bankruptcy attorney for your options.

Do you mean you've been served with an adversary proceeding, or you are in BK and you think you need to open an adversary proceeding? You should get in touch with a BK lawyer near you.

I can help you more, if you provide more information. What type of bankruptcy are you in (7, 13)? How long has it taken already? Have you asked your attorney this same question? Write back and tell us a little more detail and I'll try to give you a better answer.

How old is the vehicle and in what condition? Most people do not lose their vehicles during a Ch 7 proceeding, but a newer Lexus in excellent condition may exceed the State or Federal exemption level. Your best bet is to consult with a bankruptcy attorney.

It depends on the type of judgment and what the costs are for. If the judgment is large enough, you might want to consult with an attorney about filing bankruptcy, and be sure to ask if this judgment is dischargeable in your bankruptcy proceeding.

Absolutely. However, it's probably in your best interest to have a bankruptcy attorney assume full responsibility for your file - both the adversary proceeding and your main bankruptcy proceeding. This will reduce the chance that deadlines will be missed, and increase your chances of a... View More

This answer will depend largely on the local rules for the District that you filed your case in. It will also depend on which Chapter of bankruptcy you filed, and whether it was an asset case.

Assuming you filed a no asset Chapter 7 bankruptcy, you will generally need to serve the creditors... View More

Bankruptcy creates an automatic stay that serves to immediately stop, or put a hold on, all legal actions and proceedings as of the DATE OF FILING. This includes a pending foreclosure sale.

However, the length of time that the sale is stopped for depends on the Chapter of bankruptcy that is... View More