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California Bankruptcy Questions & Answers
2 Answers | Asked in Bankruptcy for California on
Q: Our CA S corp has a $244k EIDL loan. Our business closed and we don’t have assets or inventory. Is Chapter 7 the answer?
Leon Bayer
Leon Bayer
answered on Oct 2, 2024

Bankruptcy could be helpful. But how do we know? The advice you get on a question-and-answer site is general, and never specific because no conversation is taking place. In response to a question like yours, I doubt you can get an answer that is actually helpful.

Go see a bankruptcy lawyer,...
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2 Answers | Asked in Bankruptcy for California on
Q: Is there legal aid available for filing bankruptcy in Bakersfield
Timothy Denison
Timothy Denison
answered on Sep 25, 2024

Check with your local bar association or legal aid society. They maintain lists of pro Bono or reduced fee lawyers who may be able to help you.

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3 Answers | Asked in Bankruptcy for California on
Q: After bankruptcy my car was never repossessed. Last week the car was totaled. How can I get the $$ instead of the bank?
Theodore Allan Greene
Theodore Allan Greene
answered on Sep 23, 2024

I sure hope you had insurance. The creditor who you still owe money to should get the insurance proceeds. You can get money for your pain and suffering, lost wages etc.. Contact a good personal injury attorney right away if you were injured and go over your whole situation with them right away.

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2 Answers | Asked in Bankruptcy and Consumer Law for California on
Q: Co signed a car loan for someone want to sue small claim but other party has health problem would that affect outcome

I belive they have part time job but I'm willing to help pay half but party doesn't respond i gave his mail to his mom because it comes to my address under his name

Robert P. Taylor
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answered on Sep 19, 2024

If you lost money because you cosigned a car loan then yes, you can sue the other party and if they have some health issue(s) that caused them to default, that would not be a defense. Collecting any judgment against them might be the real challenge.

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1 Answer | Asked in Bankruptcy and Civil Rights for California on
Q: Chances of winning motion for sanctions against county for failing to follow Chapter 7 BK law, with verifiable damages?

There was a wage withholding in June/July, during which I attempted to prove an exemption but lost the motion. The day after, in July, filed for bankruptcy. The amount withheld was included in wildcard exemption, and the creditor released the withholding, advising the constable to release the... View More

James L. Arrasmith
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answered on Sep 13, 2024

In your situation, you have grounds to argue for sanctions against the county due to their failure to release the withheld wages, despite the bankruptcy filing and the provided evidence that the funds are exempt. When a debtor files for Chapter 7 bankruptcy, an automatic stay is typically placed on... View More

1 Answer | Asked in Bankruptcy, Banking and Business Law for California on
Q: When does corporate bankruptcy for a single member LLC risk personal bankruptcy or liability for the owner/member?

-California-based Delaware-LLC with an operating agreement.

-Income owed is not being paid, not sure what the delay is.

-Payment plan with B of A was created, but owner can no longer sustain payments without its customer remitting payment

-Unclear as to how creditor (i.e.... View More

James L. Arrasmith
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answered on Sep 11, 2024

When a single-member LLC faces bankruptcy, the owner’s personal liability typically remains protected under the "corporate veil," meaning personal assets are shielded from business debts. However, this protection can be compromised, or "pierced," if certain conditions are met.... View More

2 Answers | Asked in Bankruptcy and Real Estate Law for California on
Q: judgment awarded and lien on my property over 6 years can i still file a motion to vacate included in bankruptcy?

bankruptcy was filed during and/or after the filing of the lien was filed by creditor.

Leon Bayer
Leon Bayer
answered on Sep 7, 2024

You need a bankruptcy lawyer to look at the date of the judgment, the date of the lien, and the date the abstract of judgment was recorded. That is the only way for you to know what you might be able to do.

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2 Answers | Asked in Consumer Law and Bankruptcy for California on
Q: Can attorneys for credit card debt lien a house with a reverse mortgage?

Can they attach money received in reverse mortgage? We are seniors with considerable health conditions. The credit cards are my husbands. Can they go after my individual accounts? Thanks in advance!

Leon Bayer
Leon Bayer
answered on Aug 31, 2024

They can attach money you get from your mortgage as soon as you receive it. So instead of running away from the problem, why don't you solve it? Go see a bankruptcy lawyer immediately.

The lawyer will be able to advise you on whether your home will be protected in a BK, and if you are...
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1 Answer | Asked in Bankruptcy, Consumer Law, Contracts and Construction Law for California on
Q: So my vehicle's been in the private tow company tow yard since March 1st it's release but I don't have the money to pay

So my vehicle's been in the private tow company tow yard since March 1st it's release but I don't have the money to pay for it to charge me $8,000 to get it released however I found the paperwork that states it was released on the 15th of March so that is 15 days in and pound instead... View More

James L. Arrasmith
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answered on Jul 18, 2024

It sounds like you’re in a tough spot with your vehicle being held for such a long time and the fees adding up. First, gather all your paperwork, especially the document that states your vehicle was released on March 15th. This will be crucial evidence for your case.

You can file a claim...
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1 Answer | Asked in Bankruptcy, Business Law and Civil Litigation for California on
Q: Someone was buying my business. They owed me $85,000. Did bankruptcy. Why do they get to keep my business and make money

It seems to me that if you possess any asset without paying for it that is theft. Why were they allowed to keep the business and make money at it.? It is not their only source of income. Besides, it is not their business. If you are buying a car and fail to pay for it, it get repossessed. Why do... View More

James L. Arrasmith
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answered on Jul 18, 2024

It sounds like you're facing a frustrating situation. In bankruptcy proceedings, assets and debts are handled according to specific laws. When someone files for bankruptcy, their debts can be discharged, meaning they are no longer legally required to pay them. However, this doesn't... View More

1 Answer | Asked in Bankruptcy for California on
Q: Who can help me complete chapter 7 bankruptcy forms near Del Norte county?
James L. Arrasmith
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answered on Jun 30, 2024

To answer this question about completing Chapter 7 bankruptcy forms near Del Norte County, California, I can provide some general guidance:

1. Bankruptcy attorneys: The most reliable option is to consult a local bankruptcy attorney. They can provide expert guidance and help complete the...
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1 Answer | Asked in Uncategorized, Bankruptcy and Consumer Law for California on
Q: How to recover money for services rendered?

How can I go about recovering money for services rendered in an abandoned RV? It is stored currently in CA but is registered in CT. The owner is also in bankruptcy. The RV isn't worth much ~ so I'm not really interested in taking possession. Is there a other way to recover my money? I... View More

James L. Arrasmith
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answered on Jun 8, 2024

Under California law, there are a few options you can consider to recover money for services rendered on the abandoned RV:

1. Mechanic's Lien: If you performed repairs or maintenance on the RV, you might be eligible to file a mechanic's lien. This allows you to sell the RV to...
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2 Answers | Asked in Bankruptcy, Admiralty / Maritime and Business Formation for California on
Q: Is retail pro under investigation!

I have proof

Tim Akpinar
Tim Akpinar
answered on Mar 16, 2024

There is no way for anyone here to know this. I do not know who the company you mention is, but as a general matter, many investigations (other than public ones such as NTSB accident investigations, or certain cases receiving journalistic coverage) are not conducted openly. Good luck

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1 Answer | Asked in Consumer Law and Bankruptcy for California on
Q: I have a question regarding a judgement against a dealership

I bought a car off the lot and the car dealership failed to give me my title and proper registration. Fast forward I took them to court and they appealed it I won't the appeal car not eligible in the state of California title I'm Indiana we tried multiple times to get the title with a DMV... View More

James L. Arrasmith
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answered on Nov 12, 2023

Under California law, if a court has ordered the dealership to refund your money and they have declared bankruptcy, the responsibility may shift depending on the type of bankruptcy filed. If they filed for Chapter 7 bankruptcy, their assets are liquidated to pay off creditors, which might include... View More

3 Answers | Asked in Bankruptcy for California on
Q: Good afternoon. Is it possible to legally remove yourself from a trust?
T. Augustus Claus
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answered on Nov 7, 2023

Yes, it is possible to remove yourself from a trust in California legally. There are two main ways to do this

Termination of the trust: If all of the trust's beneficiaries have agreed to terminate the trust, the trustee can terminate the trust and distribute the assets to the...
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1 Answer | Asked in Bankruptcy and Landlord - Tenant for California on
Q: Understanding a judgement letter, how long do I have before the sheriff's put a notice on the door?

I filed for bankruptcy chapter 7, got approved now waiting the 6 mo for discharge (10,000 back rent will be discharged). I had my 1st trial for the Eviction Unlawful Detainer, I got a Judgement letter that stated I have to pay a certain amount by 11/7/23. I'm going through a hardship so I... View More

James L. Arrasmith
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answered on Nov 7, 2023

In California, once a judgment for possession is entered in an unlawful detainer case, the sheriff can enforce the lockout. However, if your judgment letter states "No Lock Out before December 10th, 2023," then typically, the sheriff would not perform the lockout until after that date. It... View More

4 Answers | Asked in Contracts and Bankruptcy for California on
Q: We bought a home 2 years ago that had 9 years left on a solar lease with American Solar Direct. Can we get out?

Our panels generate enough power to run our refrigerator and our electric bills are through the roof. ASD went bankrupt years ago. Can I get out of this lease and have a new company take over?

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Nov 1, 2023

A quick search tells me that ASD went out of business and filed a Ch. 7 (liquidation) bankruptcy.

A debtor in bankruptcy, and/or his creditors and contractors, has a limited (two months) to choose whether to assume any executory contract or to reject it. You are far beyond that deadline,...
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3 Answers | Asked in Banking, Bankruptcy, Divorce and Family Law for California on
Q: court ordered payments and bankruptcy in california

If the court orders my ex to pay me past due child support (already court ordered), past due unreimbursed medical and dental (already court ordered), sanctions, and lawyer fees...and then my ex goes and files for bankruptcy.....does the bankruptcy wipe out the money that would be due to me? That... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Oct 4, 2023

Under bankruptcy laws, most non-secured debt may be eliminated if you file Chapter 7; child support is the exception to that rule. Whether you are behind one payment, or a full year's payment makes no difference, child support payments must continue even if you file for bankruptcy protection.... View More

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4 Answers | Asked in Bankruptcy for California on
Q: I am a low income senior who wants to file a no asset chapter 7 bankruptcy in San Diego,CA

I cannot afford a lawyer. Are there any resources other than the Law School that might be of help?

Martha Warriner Jarrett
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answered on Sep 20, 2023

There is a lot of information on your Bankruptcy Court's website (www.casb.uscourts.gov) including information for for the San Diego Bar Assoc. lawyer referrals (www.scdba.org). Their phone number is (800) 464-1529. On the Court's website, click on the Information tab, for Filing without... View More

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