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California Bankruptcy Questions & Answers
3 Answers | Asked in Bankruptcy and Education Law for California on
Q: Can I go and run on my near by school field after school is over? 7 pm to 10 pm is that allowed?
David Luther Woodward
David Luther Woodward
answered on Jan 25, 2022

Unfortunately, although this is a legal question, I don't have an answer.

But you can find an answer by contact the owner of the school--be it public or private--and request permission. That will be dispositive of the matter

Good Luck

d

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2 Answers | Asked in Bankruptcy, Consumer Law, Criminal Law and Employment Law for California on
Q: Is incestuous a crime

Is incestuous a crime or just frowned upon

Timothy Denison
Timothy Denison
answered on Dec 26, 2021

Incest is a crime.

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1 Answer | Asked in Bankruptcy and Employment Law for California on
Q: Does discharging a lawsuit in bankruptcy discharge the original debt?

Filed personal chapter 7 bankruptcy. Listed a wage claim against me and the employee separately on the filing. Labor court took me off the case and listed in judgement I was not liable, only the business. Case was listed correctly so I’m good there. The employee’s address was incorrect on the... View More

Timothy Denison
Timothy Denison
answered on Nov 30, 2021

You should be in the clear.

2 Answers | Asked in Bankruptcy, Contracts, Personal Injury and Gov & Administrative Law for California on
Q: Default entered in Turner's favor

Enter default on pacer

Timothy Denison
Timothy Denison
answered on Nov 28, 2021

What is your question?

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6 Answers | Asked in Bankruptcy, Identity Theft and Small Claims for California on
Q: Can a bank collect a debt on a credit card 13 years after the last payment was made?

I was contacted by a law firm representing US Bank. For a credit card that was open in 2005 and payments made on it until 2008. A balance of 5000 was never paid. I have no recollection of this. It has never been on my credit report. It could have been opened by my ex wife. We were going through a... View More

Yelena Gurevich
Yelena Gurevich
answered on Nov 5, 2021

it is likely past the statute of limitations but an attorney would need to review what you are receiving and get more facts to further advise you.

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2 Answers | Asked in Bankruptcy for California on
Q: included in bankruptcy

I am part of the CWA Frontier CA. We do have a contract but I have a civil case against Frontier CA that all the actions within that Civil case are in the contract. Frontier has placed my case in the bankruptcy. I have been searching to have the dismissal of my inclusion. Any help is appreciated.

Timothy Denison
Timothy Denison
answered on Oct 22, 2021

Unless something is missing, your case will not be omitted from the bankruptcy as the debtor is required to include all creditors, which includes you.

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3 Answers | Asked in Bankruptcy, Personal Injury and Civil Litigation for California on
Q: WE'RE PLAINTIFFS IN CIVIL SUPERIOR CASE X 3 YRS AND WANT TO STOP CASE, HOW DO WE MAKE SURE WE WON'T PAY ANYDEFENSE FEES?

We need help with how we should word the motion filed to withdraw vs dismiss or what to call it? What is the best way to go about doing this to be 100% sure we are not responsible for the defendant's attorney fees and can the defense come back and try to sue us after we either withdraw or... View More

Dale S. Gribow
Dale S. Gribow
answered on Sep 18, 2021

you really want to have an attorney contact them to try to get some money and then when they say no, to ask if I can get them to drop/dismiss the case, we would want a release agreeing that each side shall bear their own costs.

if they know you are going to give in, then they may not agree...
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6 Answers | Asked in Bankruptcy for California on
Q: I got served for BofA credit card $24980 debt. I call lawyer who sue me and willing to settle for $14k. Take the deal?
Yelena Gurevich
Yelena Gurevich
answered on Sep 8, 2021

only you can answer that question. a lawyer cannot tell you whether or not to take the deal, especially a lawyer you have not hired and doesn't know the facts. so you have to make a decision of what to do. depending on your financial situation, you may qualify for a bankruptcy and wipe out... View More

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2 Answers | Asked in Bankruptcy for California on
Q: Just received a letter in the mail “notice to professionals to file applications for compensation” What does this mean?

My chapter 7 bankruptcy was granted discharge in may. I have a property that is under exemption/protected. I also had to turnover my 2020 tax refund. What does this letter mean?

Harlene Miller
Harlene Miller
answered on Aug 31, 2021

Apparently, assets were collected by your Chapter 7 Trustee, or property was sold in your case, Were you aware of this during the case? Usually when this occurs, professionals are hired to represent the Chapter 7 Trustee (such as a CPA, an attorney) who are entitled to receive payment of their... View More

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4 Answers | Asked in Bankruptcy, Consumer Law and Collections for California on
Q: My debt is 3 years old. I was sued in my absence from the country and now wish to return. Not sure how to

I left California due to a bad relationship. I foolishly walked away from all responsibilities as I was extremely stressed and left 30k of outstanding debt. Car loans, cc, etc. Prior to this my credit was perfect! It was the biggest mistake of my life!!

It’s now been 3 or so years and I... View More

Leon Bayer
Leon Bayer
answered on Aug 16, 2021

You certainly do have options. Talk to one or more bankruptcy lawyers to explore those options. If you are informed that bankruptcy is one of those options, you can probably make all the debt go away, even the lawsuits.

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2 Answers | Asked in Bankruptcy, Constitutional Law, Domestic Violence and Real Estate Law for California on
Q: Does Civil Code Section 1708.7, Right to terminate lease due to Domestic violence, apply to commercial leases as well?

A tenant claiming civil code 1708.7 sent a notification requesting to terminate the current lease due to domestic violence. However, this is a commercial lease and not a residential one. And the tenant still has an unpaid balance pending. Is the tenant able to break the lease and not have to pay... View More

Aaron Michael Lloyd
Aaron Michael Lloyd
answered on Aug 16, 2021

You would want an attorney to review your commercial lease documents and the letter the tenant sent you. I would suggest to start with searching for a real estate lawyer who specializes in forming and reviewing commercial lease agreements. I hope this helps.

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3 Answers | Asked in Bankruptcy for California on
Q: If I owe Pell grant money back to my college and I file for bankruptcy will it be discharged?

I understand that student loans aren’t discharged, but are grants different?

Reed Allmand
Reed Allmand
answered on Aug 26, 2021

If you have a student loant hat you received, you're going to be required to pay the student loan back. There is the possibility in some rare circumstances to be eligible to discharge a student loan through a bankruptcy proceeding, however that recovery requires an adversary proceeding, and... View More

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4 Answers | Asked in Bankruptcy for California on
Q: What is the procedure for filing a judgment after filing a motion for default judgment in a adversary proceeding?

My case is the Central District of California bankruptcy court. My judgment form was rejected without even going to the judge.

Theodore Allan Greene
Theodore Allan Greene
answered on Jul 19, 2021

You should hire a Bankruptcy attorney to help you navigate through the procedural guidelines required in your District.

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5 Answers | Asked in Bankruptcy for California on
Q: I have about 15k in debt and another 12k to the IRS ,how much would it cost to file bankruptcy?
Bahram Madaen
Bahram Madaen
answered on Jul 6, 2021

The court fee is $338, and attorney fees vary. our office usually charges around $1000. there are other attorneys charging less and sometimes more.

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5 Answers | Asked in Bankruptcy for California on
Q: my friend is filing for bankruptcy over a $24,000 credit card bill

Igave her a check for $ 10,000 to cover rent and expenses for next 6 mos.

shes afraid to cash the check at her bank because shes afraid the court or creditors may discover it and stop the bankruptcy or worse

is there a way for her to cash the check or receive funds... View More

Tristan Brown
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answered on Jun 24, 2021

A: You are essentially asking lawyers how a debtor can hide assets from her creditors and the bankruptcy court. Unfortunately, concealing assets in a bankruptcy is considered a federal crime and attorneys cannot ethically advise you how to commit a crime.

However, she should speak to a...
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4 Answers | Asked in Bankruptcy for California on
Q: How do I get a pro bono lawyer after I file a chapter 11 claim and it gets removed and appeal is required.
Timothy Denison
Timothy Denison
answered on Jun 23, 2021

Check with your local bar association or legal aid society for a list of pro Bono lawyers.

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2 Answers | Asked in Bankruptcy and Small Claims for California on
Q: I need help with paying off a debt that I’m not the only one responsible for.

Two friends of mine and I signed a year long lease. We agreed every month we’d split the bills for the apartment three ways. In March, they bailed on me and moved back to Mississippi. We will receive an invoice for the settlement agreement (~10K), but I don’t know who they’re sending it to.... View More

Harlene Miller
Harlene Miller
answered on Jun 23, 2021

Unfortunately, even though all of you are on the lease, the landlord can seek payment from any one of you. Since you all signed the settlement agreement, you are all responsible for payment. However, unless other language was included in the agreement, you are all joint and severally liable for... View More

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4 Answers | Asked in Bankruptcy, Contracts, Workers' Compensation and Public Benefits for California on
Q: I am the vendor in a bankruptcy case and the pay out was to commence on 2021/25/05, and the judge approved my paperwork.

Sent in claims paperwork and it was accepted and the asking of the funds was on the 25th to cover the prior court date asking amount.

Tristan Brown
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answered on Jun 3, 2021

Hello,

Given the information provided, I am unable to determine what information you are seeking. Please provide some additional information if you are seeking an answer or solution on this forum.

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4 Answers | Asked in Bankruptcy for California on
Q: I owed $425k on my house . its value is around $1.4 million. My son needs $200k to start a business so i'm refinancing .

So my new mortgage is $640k . If my son formed a llc. My question is if he by chances get sued for a lease hold or food poisoning .. God forgive. Can landlord come after our house? How can I protect most of my interest of the house.

Dave

Cristina M. Lipan
Cristina M. Lipan
answered on Jun 3, 2021

Your son should have insurance to cover these situations. In any case, as long as you didn't guarantee the lease or anything else in the business, as long as your son's name is not on the title to the house, or as long as your son's name is not on the mortgage, then I don't see... View More

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6 Answers | Asked in Bankruptcy and Contracts for California on
Q: What if a defendant files for personal or biz bankruptcy before making all the payments of a settlement payment plan?

This is if both the defendant and attached business are named in the settlement. There would be a stipulation for entry of judgment attached to the settlement. The concern is the defendant defaulting and possibly filing bankruptcy prior to making payments.

Tristan Brown
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answered on May 31, 2021

More information is needed to determine how a bankruptcy may affect the settlement.

Once the defendant files for bankruptcy, whether it be personal or business bankruptcy, an automatic stay is generally issued. The automatic stay may legally prevent you from enforcing the settlement or...
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