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California Bankruptcy Questions & Answers
4 Answers | Asked in Bankruptcy, Consumer Law and Contracts for California on
Q: Is there anyway I can keep my car?

I'm on SSDI, and having trouble paying my car payments (I got the car when I was still working).

I'm disabled and reley on my car for everything! Every/many reasons!

Robert P. Taylor
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answered on Aug 14, 2023

You can file bankruptcy and possibley keep the car, but you'll still have to pay for it. If you have other debts, filing a Chapter 7 bankruptcy may allow you to wipe them out, freeing more resources to make your car payment. Also, in a Chapter 7, you may be able to "redeem" your... View More

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3 Answers | Asked in Bankruptcy, Consumer Law, Business Law and Collections for California on
Q: Unused subscription forgot to cancel, 5 months has been charged and unable to pay. What to do?

I stayed in Berlin for almost a year and subscribed to an accelerator. I flew to the US afterwards and completely forgot to cancel the membership. I was 4 months late in payment when I requested the cancellation, and they refused to cancel it immediately, saying their period for cancellation would... View More

Martha Warriner Jarrett
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answered on Aug 3, 2023

The amount at issue is not large enough to warrant filing bankruptcy. And it is probably not large enough for the creditor to bother suing you. If you are unable to reach a settlement, then it will likely be turned over to a collection agency. It will be a negative on your credit report so if that... View More

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3 Answers | Asked in Bankruptcy for California on
Q: Hi, How can I get probono bankruptcy help. I'm a senior citizen woman, who needs help. What's the 1st step?

I don't drive so driving to Fresno is not good. What documents do you need? And how long will this take? Can a person drive to my area?

Martha Warriner Jarrett
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answered on Jul 25, 2023

Start with your local Bankruptcy Court website. Most courts have free bankruptcy court clinics and you can call them for help. The website is uscourts.gov. Key in your zip code so you'll get info from the nearest court (Eastern District of California). There is a lot of info on the website... View More

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3 Answers | Asked in Bankruptcy and Contracts for California on
Q: Fake refund receipt

In 3 June I booked a flight ticket for 2 of my friends later we decided to change flights departing time and trip.com accepted our request after we pay 582$ for changing. But they wasn’t successful to confirm my change and I lost both flights. Later they said buy another ticket from another... View More

Yelena Gurevich
Yelena Gurevich
answered on Jul 24, 2023

There doesn’t appear to be a legal question so attorneys don’t know what you’re asking or how to advise you. I recommend you gather all your documents and consult with a litigation attorney that handles breach of contract cases.

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4 Answers | Asked in Bankruptcy, Consumer Law and Small Claims for California on
Q: Deadline for an out-of-court solution regarding your outstanding debt

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

Martha Warriner Jarrett
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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

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3 Answers | Asked in Bankruptcy and Intellectual Property for California on
Q: In Ch7 Bankruptcy can a Creditor demand access to / claim my old unsold screenplays as an IP/asset to satisfy the debt?

I’m a writer w/past success selling screenplays. Nothing got made and I’ve written nothing new in 10+ yrs.

Martha Warriner Jarrett
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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

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3 Answers | Asked in Bankruptcy for California on
Q: After bankruptcy is it had to build your credit to be able to buy a house or a car.?

how long is the bankruptcy process how long does it take to be finalized.?

Martha Warriner Jarrett
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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

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3 Answers | Asked in Bankruptcy for California on
Q: My bankruptcy was finalized 6 months ago. I was let go from my job 2 months ago and applied for unemployement until I

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

Martha Warriner Jarrett
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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

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2 Answers | Asked in Bankruptcy, Copyright, Criminal Law, Divorce, Antitrust and Appeals / Appellate Law for California on
Q: Where can I spend some time with CA USA senators? Today's off campus housing with University oc cidentael

Your honor do you need to see me tonight to discuss my future with uncle mark and Katie the ones I Was jogging with

One day

Timothy Denison
Timothy Denison
answered on Jun 13, 2023

What is your question?

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3 Answers | Asked in Bankruptcy for California on
Q: Is my unborn baby considered part of California's Median Family Income? Or does that start at birth?

I'm asking because I will have to file chapter 7 and the Minimum bankruptcy income is different with more family members.

Leon Bayer
Leon Bayer
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,...
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2 Answers | Asked in Bankruptcy, Family Law, Real Estate Law and Banking for California on
Q: What type of lawyer do I consult to try and intervene with a family member's financials?

My sister in law (who's in her 30s) is being scammed. She's already given basically all her money into this "investment" and borrowed heavily, and she's still trying to borrow more money (trying to take out home equity loans against the houses she co-owns with friends). Can... View More

Timothy Denison
Timothy Denison
answered on May 6, 2023

Contact Adult Protective Services and report the scam. Also, check with some elder law attorneys in your area who may be able to help you.

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4 Answers | Asked in Bankruptcy for California on
Q: Bankruptcy Question - I have vast amounts of credit card debt that I need to file...but I am also a homeowner.

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

Tristan Brown
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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...
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4 Answers | Asked in Bankruptcy for California on
Q: What happen to a credit card debt and a auto loan with the same bank on a bankruptcy?
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
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...
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3 Answers | Asked in Bankruptcy for California on
Q: What type of Lawyer do I need regarding a collateral assignment on an SBA Business Loan that was part of a bankruptcy?

My husband passed away in September 2022 and he has a Whole Life Insurance Policy with NYL (of which I am the sole beneficiary) that has a collateral assignment on an SBA Loan from a business we closed and filed bankruptcy on in November 2017. My husband and I filed a corporate Chapter 13... View More

Cristina M. Lipan
Cristina M. Lipan
answered on Mar 10, 2023

No, it's a secured claim, they did not need to file a proof of claim, and it is not discharged in the bankruptcy. You should speak to an attorney (bankruptcy or debt relief) to determine whether perhaps the security interest was not properly perfected.

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1 Answer | Asked in Bankruptcy and Gov & Administrative Law for California on
Q: Does a non-dischargeability of debt claim 11 U.S.C. §§ 523(a)(6) and 523(a)(7) apply to administrative proceedings?

I filed for chapter 7 bankruptcy. The trustee abandoned my home back to me and declared my bk a no-asset case. The L.E.A., Local Enforcement Agency, then filed a non-dischargeability of debt claim pursuant to 11 U.S.C. §§ 523(a)(6) and 523(a)(7). The matter is currently under appeal before... View More

James L. Arrasmith
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answered on Mar 8, 2023

The question of whether a debt is dischargeable in bankruptcy can be complex and may depend on the specific facts and circumstances of the case, as well as the applicable law. Generally, debts arising from administrative proceedings, such as those before a regulatory agency, may be dischargeable in... View More

1 Answer | Asked in Bankruptcy, Civil Rights, Constitutional Law and Landlord - Tenant for California on
Q: Looking for an experienced Civil Rights & (FDCPA) litigating attorney. Bankruptcy 4th violation unlawful eviction.

Looking to file a complaint against the Orange County Sheriff's department for violating my 4th amendment by executing an unlawful eviction while pending 341 Chapter 7 hearing ( ultimately granted ).

James L. Arrasmith
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answered on Mar 5, 2023

Here are some steps you can take to find an attorney with experience in these areas:

Research: Look up attorneys in your area who specialize in Civil Rights and/or FDCPA cases. You can check their websites, reviews, and case history to determine if they have experience with cases similar to...
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2 Answers | Asked in Consumer Law and Bankruptcy for California on
Q: I have been sued for a credit card debt. If I prove that service was not properly done wha happensto the amount owed?

The suit was for $9000 ten years ago and with interest it is now $13000. The process server never saw me. I cant

remember if they left any papers at my door. I called the law firm and the process server but got no reply. Does the Superior court hold records showing how the service was... View More

Leon Bayer
Leon Bayer
answered on Mar 1, 2023

Unfortunately, it is simply too late to complain. The court file will contain the records, so to satisfy your curiosity you can look at the affidavit of service to see what it says.

However, it is not too late to negotiate and perhaps settle it for a much lower amount. And, filing...
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4 Answers | Asked in Bankruptcy for California on
Q: How do I find out if someone has filed bankruptcy in my name?

I believe someone has filed a bankruptcy in my name. It came up a few times on a few different background check sites. I’m in California.

Cristina M. Lipan
Cristina M. Lipan
answered on Feb 28, 2023

Go to pacer.uscourts.gov, create an account, and perform a search. Background check websites might just be picking up the name as affiliated with bankruptcy, or another person with the same name. Go to the official government website, Pacer, and search to find out. There may be other people with... View More

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3 Answers | Asked in Bankruptcy for California on
Q: I credit report post Ch.7 BK -credit card charged off after has debt on CR for 2 years leading up to after the BK.

Is it legal for a credit card company to post monthly (charge offs) on credit report for all months 24 months leading up to BK and after the Ch.7 BK was discharged. The CC debt was charged off by the credit card company after 180 days.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Feb 6, 2023

The Consumer Protection Bureau mostly regulates credit card issuers and the credit bureaus.

It's my understanding that an unpaid debt to a credit card issuers remains on your credit report for 7-10 years, although it is usually couched as discharged in bankruptcy. But yes, it appears...
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