I need assistance as I recently received an email stating, "Deadline for an out-of-court solution regarding your outstanding debt, and they will consider initiating legal dunning proceedings against you on 21.07.2023 at 12:00 pm."
To provide context, I subscribed to their service... View More 
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answered on Jul 20, 2023
A lot depends on the amount of money at stake and how much time, money and effort you are willing to spend to fight what is owed. If you do nothing, the company may or may not sue you. If you are sued, make sure you defend the lawsuit rather than letting a default judgment be entered against you.... View More
I’m a writer w/past success selling screenplays. Nothing got made and I’ve written nothing new in 10+ yrs.
answered on Jul 13, 2023
Would you like to get the last laugh?
For my answer, I will assume that you have no tangible assets such as real estate. If so, you are entitled to exempt roughly $30,000 of assets, plus something for clothing, furniture, etc. That $30,000 can be applied to your IP. I also assume that she... View More
I’m a writer w/past success selling screenplays. Nothing got made and I’ve written nothing new in 10+ yrs.
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answered on Jul 13, 2023
When you file a chapter 7 bankruptcy, you are required to list all of your assets (including the screenplays that probably have no value) and list a market value, as well as all creditor claims (including pending litigation). Once you file, the litigation will be stayed and a chapter 7 trustee will... View More
how long is the bankruptcy process how long does it take to be finalized.?
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answered on Jul 12, 2023
There are several variables that determine how long it will take to complete a bankruptcy case. Once you will file, the court will set a date for your 341(a) meeting with the trustee. That date is between 30 and 45 days from the date you file. Creditors have 90 days from that date to seek to bar... View More
how long is the bankruptcy process how long does it take to be finalized.?
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answered on Jul 13, 2023
Rebuilding credit after bankruptcy is indeed a challenge, but it is possible to improve your creditworthiness over time. The duration of the bankruptcy process and its finalization can vary depending on the type of bankruptcy you file. Chapter 7 bankruptcy typically takes around three to six months... View More
found a new job. EDD got back to me and said I had overpayements from 2019 and 2020 and owe $6k which I am appealing because I believe it is incorrect. But my question is, even if EDD is correct and they did overpay me, shouldn't that debt be discharged because my bankruptcy was finalized 6... View More
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answered on Jun 21, 2023
Based on what you have said, I'm assuming that you did not list EDD as a creditor when you filed your bankruptcy. Start by advising EDD of the bankruptcy and telling them that you will ask the court to reopen your case so that you can list EDD as a creditor. That may make them go away. If it... View More
found a new job. EDD got back to me and said I had overpayements from 2019 and 2020 and owe $6k which I am appealing because I believe it is incorrect. But my question is, even if EDD is correct and they did overpay me, shouldn't that debt be discharged because my bankruptcy was finalized 6... View More
answered on Jun 21, 2023
I agree with you. If you had a "no asset" BK, the debt is probably discharged even though you did not list it! So this should be good news.
I suggest you let the EDD know about the BK and tell them it is your position that their claim is discharged regardless of the non... View More
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answered on May 22, 2023
Generally, if you are not a joint account holder or co-signer on your boyfriend's debts, you are not legally responsible for his debts. Debt collectors typically cannot come after you personally for his debts unless you have a legal obligation to repay them. However, it is important to be... View More
I'm asking because I will have to file chapter 7 and the Minimum bankruptcy income is different with more family members.
answered on May 16, 2023
In California the prevailing policy is to determine household size by the number of "heads on pillows."
Hopefully it won't make any difference whether you count the baby. If it makes a difference, then wait to file, if possible, until after the baby is born. Or else file now,... View More
I'd like to know if the creditors (Citibank and Amex) can force me to sell my house. I don't believe so since I don't believe to have signed a securities agreement with either. I have credit card debt and personal loans with them.
Q2 - I have an LLC with a tax ID #...this... View More
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answered on Apr 20, 2023
There is not enough information provided to answer your three questions, but I can provide some general information.
1. Even if a borrower did not execute a security agreement with an unsecured creditor, the unsecured creditor may possibly obtain a civil judgment against the borrower which... View More
I'd like to know if the creditors (Citibank and Amex) can force me to sell my house. I don't believe so since I don't believe to have signed a securities agreement with either. I have credit card debt and personal loans with them.
Q2 - I have an LLC with a tax ID #...this... View More
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answered on Apr 21, 2023
Regarding your first question, typically credit card debt is unsecured debt and therefore creditors cannot force you to sell your home to satisfy the debt. However, in some cases, creditors may place a lien on your home as a result of a judgment against you. This lien could potentially affect your... View More
I'd like to know if the creditors (Citibank and Amex) can force me to sell my house. I don't believe so since I don't believe to have signed a securities agreement with either. I have credit card debt and personal loans with them.
Q2 - I have an LLC with a tax ID #...this... View More
answered on Apr 20, 2023
You have many issues that require discussion and analysis in detail to fully cover your issues and come up with solutions. Answers provided by my colleagues include some good points in response. However, Your situation has many parts and for a true understanding and for complete analysis, I... View More
answered on Apr 13, 2023
You offer scant facts, e.g., value of car, balances of auto debt, credit card debt, what kind of credit card (Visa, etc.), what if any cross-collateral prohibitions there may be in the lender's agreements with the credit card issuers, etc.
Generally, an auto loan that was initiated... View More
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answered on Apr 13, 2023
If you file for bankruptcy, your credit card debt and auto loan with the same bank will be treated differently depending on the type of bankruptcy you file and the specific circumstances of your case.
In a Chapter 7 bankruptcy, your unsecured debts, such as credit card debt, may be... View More
answered on Apr 13, 2023
Generally, the credit card debt gets eliminated in a chapter 7 bankruptcy case. The auto loan you would still want to pay it and keep current with it if you decide you want to keep the car. However, as long as you stay current on the vehicle payments you should be able to keep the vehicle even if... View More
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answered on Apr 12, 2023
As per California law, if you have $10,000 in credit card debt and are considering filing for Chapter 7 bankruptcy, there are certain steps you will need to take.
First, you will need to gather all of your financial documents, including bank statements, tax returns, and credit card... View More
answered on Apr 13, 2023
I suggest you consult with a bankruptcy attorney in order to completely understand your bankruptcy and possible non-bankruptcy options. Many of us offer a half hour no charge consultation which will likely provide you a good overall discussion of your options. If you decide to proceed with... View More
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answered on Apr 5, 2023
In a corporate Chapter 7 liquidation, shareholders may not necessarily be listed or given notice. This is because, in a Chapter 7 bankruptcy, the assets of the corporation are liquidated to pay off creditors, and shareholders typically have no priority in the distribution of assets.... View More
I AM A VICTIM OF FRAUD
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answered on Mar 24, 2023
If you are a victim of fraud and your information was used to file a bankruptcy petition without your consent or signature, you may be able to request that the bankruptcy court dismiss the case. Here are the general steps you can take to file a motion for voluntary dismissal:
Obtain the... View More
I AM A VICTIM OF FRAUD
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answered on Mar 30, 2023
If a bankruptcy was filed using your information without your signature, you may file a motion to request a voluntary dismissal of the case. You should consult with an attorney experienced in bankruptcy law to assist you with the process. The motion will need to be filed with the bankruptcy court... View More
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