Linda Joy Copeland’s Answers

Linda Joy Copeland

Victoria attorney.

Contributor Level 9
  1. Real Estate attorney told me to file CH 13 as a stall tactic to lender foreclosing on my CA home and to get a loan modification

    Answered almost 3 years ago.

    1. Linda Joy Copeland
    2. Dorothy G Bunce
    3. Ryan W Fothergill
    4. Michael John Primus
    4 lawyer answers

    You should complain to the state bar association. When advice given doesn't work out, it's never okay to give an excuse that it's not your area of expertise. An attorney should send you to an expert if they don't know the area of law you need help in. That being said, you can take comfort in the fact that the effect of the Chapter 13 on your credit will lessen as time goes by, even though it still shows on your credit report. Keep watching your credit report and make sure that all other...

    Selected as best answer

  2. I filed for bankrupty but my mortgage company did not file a claim, was my attorney suppose to follow up with them?

    Answered about 2 years ago.

    1. Linda Joy Copeland
    2. Min Gyu Kim
    3. Marc Gregory Wagman
    4. Michael Avanesian
    4 lawyer answers

    The reason you only have one answer, is that your situation is very complicated. In a Chapter 13 there are many duties for many parties. The mortgage company has the first and foremost duty to file a claim for monies due to the mortgage co. when you file a Chapter 13 - especially if you are behind on payments when you file. Your attorney CAN file a claim, but the attorney must have reliable information on which to base the claim, since the claim is filed under the penalty of perjury....

    6 lawyers agreed with this answer

  3. Filing bk chapter 7 in California and 6 months behind mortgage.

    Answered almost 3 years ago.

    1. Shaye Larkin
    2. Michael John Primus
    3. Linda Joy Copeland
    4. Christian Jon Legaspi
    5. Gary D. Bollinger
    6. ···
    6 lawyer answers

    You indicated your monthly income and your expenses, however it's difficult to say what you qualify for without the detailed information regarding all the expenses that are covered by the expenses you indicated. In order to decide what course of action is the best, you need to have an attorney who can demonstrate what will happen in each chapter with your complete budget information. Sometimes your finances can be rearranged in such a way that your total cash flow is improved with a chapter...

    4 lawyers agreed with this answer

  4. Wrongful termination claim exempt in California chapter 7 bankruptcy?

    Answered almost 3 years ago.

    1. Shaye Larkin
    2. Pierre George Basmaji
    3. Linda Joy Copeland
    4 lawyer answers

    I agree with the other attorneys. You cannot do this without an attorney. Even if you claim the correct exemption without representation, you could find yourself in a situation with a trustee who wants to take the claim from you. Even if the claim is not exempt, if you have an attorney, they can negotiate with a trustee, that in exchange for your cooperation in the suit, you get a percentage of the claim. I hope this helps you. Good luck.

    2 lawyers agreed with this answer

  5. Am I allowed to open a few new bank accounts (or credit union accounts) prior to filing for Ch 7 Bankruptcy?

    Answered almost 3 years ago.

    1. Shaye Larkin
    2. Arash Shirdel
    3. Linda Joy Copeland
    4. Eric Charles Lewis
    5. Gary D. Bollinger
    5 lawyer answers

    It's unclear why you want that many bank accounts, but opening bank accounts before you file should not affect your bankruptcy at all unless you fail to list those accounts on Schedule B as assets. CA allows for a certain amount of cash funds to be exempted if you don't use up the homestead exemption. You should visit with an attorney to clarify the exact extent of exemptions available to you based on the assets that you have. Please note that Wells Fargo is known to close or freeze bank...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  6. I have a Ch.7 bankruptcy question, please.

    Answered almost 3 years ago.

    1. Linda Joy Copeland
    2. Mark Markus
    3. Christian Jon Legaspi
    4. Stephen Craig Hinze
    5. Eryk Christopher Gabhran Boston
    5 lawyer answers

    Not returning the car to you is a violation of the automatic stay. The theory is that they are maintaining possession of the vehicle in order to get you to pay them, or in order to sell it to pay the debt owed by you. Any attempt to collect a debt - even a passive one, such as retaining possession of your car is a violation of the automatic stay. 11 USC 362(k) provides that you can recover both actual and punitive damages from a creditor who willfully violates the stay. Factors which...

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  7. I received a discharge order for chapter7 in janury, I cant keep up with the morgage. can i walk away for the house?

    Answered almost 3 years ago.

    1. Linda Joy Copeland
    2. Dorothy G Bunce
    3. Lonnie K McDowell
    3 lawyer answers

    You no longer have any responsibility to pay the mortgage so long as you didn't sign a Reaffirmation Agreement with the mortgage company during your Chapter 7. A Reaffirmation Agreement is a separate agreement that the mortgage company sends to you or your attorney during the bankruptcy. Most attorneys advise against signing this agreement because of the exact situation you are in today. One thing to watch for is if you have HOA dues that are unpaid. Any accruing dues from the date you...

    3 lawyers agreed with this answer

  8. House was foreclosed, alleged secured property was left in the house? If a Chapter 7 BK is filed, what is going to happen?

    Answered almost 3 years ago.

    1. Linda Joy Copeland
    2. John Gerth Merna
    3. Gary D. Bollinger
    4. Mitchell Paul Goldstein
    4 lawyer answers

    Generally, secured creditors have a right to collect the collateral should the debt go unpaid. The way this works is different in a situation where the collateral is attached to real property. It becomes a fixture, and cannot be repossessed by the creditor who sold you the collateral. The creditor lost its secured status when the house was foreclosed on, and you longer had possession or control of the collateral. Because you no longer have possession or control over the collateral, you...

    1 lawyer agreed with this answer

  9. What would cause the trustee in my Chapter 7 bankruptcy case to continue my 341 meeting twice

    Answered almost 3 years ago.

    1. Shaye Larkin
    2. Christian Jon Legaspi
    3. Linda Joy Copeland
    4. Gary D. Bollinger
    4 lawyer answers

    As the others have said, it's not unusual to have your case continued. The trustee must have certain documents in order to conclude your meeting. It could be that the trustee requested documents, but didn't make the request clear enough for you to understand what you needed. Also, occasionally, a trustee simply forgets to ask for something that is necessary to conclude your meeting. The most common reason I see for continuing a meeting is that proper identification was not presented at...

    1 lawyer agreed with this answer

  10. What can I do to either get my money back or another car?

    Answered almost 3 years ago.

    1. Linda Joy Copeland
    2. Eric Charles Lewis
    3. John Gerth Merna
    3 lawyer answers

    Review you paperwork. You should have a document called Buyers Guide. On the Buyers Guide there will be an X in either the box next to AS-IS or next to Warranty. If the Warranty box is checked read the conditions of the warranty that you got with the car. If AS-IS is marked, you don't have any rights to have the car fixed for free, or to return the car if it breaks down. If the dealership is fixing it for free, you're in good shape, but maybe you should find out what part it needs. It...

    2 lawyers agreed with this answer