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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 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
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 member of an llc and i signed a personal guarantee on an Eidl loan. A member wants to take my stake in the company. Will an indemnification agreement between partys be an option?
Is that be an option or would that be voided by the SBA?
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answered on Mar 10, 2023
Generally, an EIDL loan is a loan that is made directly to a small business, and the loan is based on the creditworthiness of the business, not the individual partners or owners. However, it is possible that the loan agreement includes a personal guarantee, which means that the individual partners... View More
i am member of an llc and i signed a personal guarantee on an Eidl loan. A member wants to take my stake in the company. Will an indemnification agreement between partys be an option?
Is that be an option or would that be voided by the SBA?
answered on Mar 11, 2023
I agree with what Mr. Arrasmith has said, but would add more, just from prior experience representing either financial institutions or their borrowers: as a general rule, if an obligor to a bank wants to get, or cancel, something he signed from that bank, the bank will want some amount of money in... View More
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
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.
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
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answered on Mar 10, 2023
Based on the information you provided, you may need to consult with an attorney who specializes in bankruptcy law and/or commercial law.
Regarding the collateral assignment on the SBA loan, it's possible that the bankruptcy trustee was responsible for administering any claims related... View More
manifest injustice is created by Bankruptcy Court's dismissal . 15 people of the unsecured class and their $480,000 owed is completely wiped out. they appeal to the District Court in an emergency stay petition. denied by District Court. they appeal to 9thcircuit from which an order is issued... View More
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answered on Mar 9, 2023
Summary affirmation is an abbreviated form of appeal that is used when the appellate court determines that there are no genuine issues of material fact and that the law supports the lower court's decision. It is typically used when the appeal is frivolous, when the lower court decision is... View More
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
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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
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 ).
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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... View More
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
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... View More
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
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answered on Mar 1, 2023
In California, if you can prove that you were not properly served with the lawsuit, the court may dismiss the case against you. This means that you would not be responsible for paying the debt or any interest or fees associated with the debt.
If you believe that you were not properly served... View More
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.
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answered on Feb 28, 2023
If you suspect that someone has filed for bankruptcy in your name, you can take the following steps to verify and address the issue:
Check your credit report: You can obtain a free copy of your credit report from each of the three major credit reporting agencies (Equifax, Experian, and... View More
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.
answered on Feb 28, 2023
A agree with Ms. Lipan's answer, as far as it goes.
If you find that someone has "stolen your identity" to file a bankruptcy case, notify the Office of the US Trustee in the federal district in which the case was filed. From my interactions with the US Trustee's office... View More
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.
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
I have been in a car accident last year around September 27. Unfortunately my insurance had collapsed and I was in fault. I brought the car for a body shop to do an estimate for the repairs and see if it was worthy to fix. The body shop didn’t answer my phone calls then I went there and they took... View More
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answered on Feb 21, 2023
Based on the information you have provided, it may be possible to sue the body shop for breach of contract or other legal claims, such as negligence or fraud. However, whether or not you have a strong case would depend on the specific details and circumstances of your situation, and you should... View More
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.
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... View More
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.
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answered on Feb 20, 2023
If a credit card debt was discharged in a Chapter 7 bankruptcy, the creditor should have updated the account status to reflect that the debt was discharged in bankruptcy. The creditor is not allowed to continue reporting the debt as delinquent or charged off after the bankruptcy discharge. However,... View More
My brother purchased his home in 2002. He filed ch 7 bankruptcy; all debts discharged 7/8/11. On 12/14/09 he executed a Quitclaim Deed and made me a Joint Tenant with him on his house. I did NOT sign a reaffirmation agreement on his mortgage loan.
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answered on Jan 19, 2023
I assume the loan only had his name and was made prior to the bankruptcy. We would need to know how it was treated in the bankruptcy--even with a discharge, he may have re-affirmed the debt making his estate liable. Regardless, your title is subject to the lien--liens are not automatically... View More
I have our house in a revocable trust and need to transfer (or amend) to protect the assets from litigation/bankruptcy.
answered on Jan 4, 2023
An irrevocable trust would better protect the asset (generally), but there are ways to still get to the asset if it's shown to be a fraudulent transfer. You can't just hide your assets from creditors, and transferring the asset to an irrevocable trust on the eve of bankruptcy (or pending... View More
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