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Hamid Jabbar

Hamid Jabbar’s Answers

229 total


  • Does a chapter 7 filing & discharge protect against a levy proceeding if there was a judgement for collection 3 years ago?

    I'm filing chapter 7. There is a collection attorney that filed for a levy of assets on my wife and I. We got married this year. The debt comes from a 2003 personal credit loan in which she was not a party of. I was the only signer of the loan. Th...

    Hamid’s Answer

    This is a little bit complicated but in most cases the Chapter 7 will discharge the debt and prevent a levy of your assets. Whether or not the creditor obtains any assets is usually a factor of timing. If they are able to garnish your wages or execute against property you own prior to you filing Bankruptcy, there are circumstances where the creditor may be able to keep what they get. Upon filing Chapter 7, however, any levy will be stayed and ultimately discontinued if your Chapter 7 results in a discharge of your debts. There are circumstances where levying assets prior to filing can be undone once the Bankruptcy is filed. Each case is unique and highly dependent on factors that need to be assessed by your attorney. Make sure you advise your Bankruptcy attorney of all the facts you have posted here as they will be relevant to the preparation of your case.

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  • I HAVE A AUTO LOAN THAT HAS BEEN CHARGED OFF. I STILL HAVE THE CAR. WILL I BE ABLE TO KEEP IT IN A CHAPTER 13 BANKRUPTCY

    I HAVE AUTO LOAN THAT I DEFAULTED ON AND AFTER TWO YEARS OF NON PAYMENT THE BANK HAS CHARGED OFF THE LOAN. I HAVE NOW FILED CH 13 BK AND INCLUDED THIS DEBT. I STILL HAVE POSSESION OF THE VEHICLE. AM I GOING TO HAVE TO RETURN THIS CAR OR WILL CH 13...

    Hamid’s Answer

    Vehicles can be handled in several ways in Chapter 13. If you want to retain possession you will have to cure the arrears in your plan. Generally, secured claims like vehicles must be paid in full by your plan but under some circumstances you may be able to cram down the balance on the loan to the present market value. While it is slightly more complicated than I can explain here, if you financed the vehicle more than 2.5 years prior to the Chapter 13 you might be able to cram down the loan. So to answer your question, you can keep the vehicle if your plan appropriately accounts for it. If you do not propose to properly cure the arrears and pay the debt inside your plan, the creditor can object to confirmation of your plan or move to lift the automatic stay and take possession. The Trustee will also require that your plan treat properly filed claims appropriately.

    Chapter 13s are very complicated and you would be well-advised to hire an attorney to represent you. The vast majority of Chapter 13s filed by individuals without attorneys are either dismissed, converted, or fail for one or more reasons.

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  • Arrested for DUI but havnt received citation or court date

    i was arrested for driving under the influence of marijuana about 10 days ago. i know wasnt impaired at the time i was pulled over as i had smoked a little bit approximately 12 hours before i was pulled over. they found about 2 bowls of shake in...

    Hamid’s Answer

    In Arizona it does not matter whether you were impaired or not when you are dealing with a drug DUI. This is a notable difference between alcohol DUI and marijuana DUI. Any amount of cannabinoids in your system will be enough to sustain a DUI charge. You likely have not heard anything yet because the crime lab can take several weeks to process the results. It could take several weeks for a few months before you receive a charge.

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  • Can I bankrupt my past due HOA fees?

    I was unemplyed for a year and owe my HOA collection ageny $10,000. They were going to foreclose my property, but now I have another job. The HOA collection agency wants me to sign a contract to repay the past due with a very high interest rate an...

    Hamid’s Answer

    • Selected as best answer

    Filing a Chapter 7 bankruptcy would eliminate your personal liability on the past due HOA but it cannot remove the lien. Thus, in many instances it does little good for people who want to keep their properties because the HOA retains its rights under state law to foreclose even though it cannot sue you personally post-bankruptcy discharge.

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  • I am filing ch 7 bankruptcy and am unsure how to list my co-debt mortgage with ex-spouse. He lives in it and wants to keep it

    Joint mortgage current balance is $160,000 There is also a second interest only loan for $xx,xxx, I am not on this loan so am unsure of the amount. We got a better interest rate with out me being on this loan so that is why I am not on it. ...

    Hamid’s Answer

    I agree with Mr. Merna.

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  • Defendant claimed BK 1999-discharged. How soon can he refile BK? We are establishing defrauding 10 people taking money no repay

    Defendant is guilty of 3 felonys and 6 misdemeanors. I am one of 10 victims he borrowed money from with promise to pay back by Promissory Note. He never intended to pay anyone back. If he defrauded us can he exlude us from repayment if he files ...

    Hamid’s Answer

    • Selected as best answer

    If he filed Chapter 7(or Chapter 11) in 1999 and received a discharge he would have been precluded from filing another Chapter 7 for 8 years from the date of the previous filing. That time has expired and he would be eligible for Chapter 7 again today. The time requirements for filing a Chapter 13 are even less so he could also file under Chapter 13 today. Debts incurred by fraud can be excluded from discharge but you would have to bring an adversary proceeding in the bankruptcy to have the debts declared non-dischargeable.

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  • Sued in a debt collection case. Should I return the call to the attorney?

    I was sued in a debt collection matter. I filed answer and several other motions - including a Motion to Dismiss for failure to respond to Interrogatories and Motion to Deem Admissions Admitted. Followed all the rules. Trial is about 2 weeks away...

    Hamid’s Answer

    I agree that you should generally return calls to opposing counsel. Litigation is not a game of surprise and the parties are expected to communicate with each other prior to trial. Just because you are returning a call does not mean you have to settle the matter if you do not want to.

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  • Settled second and they have issued 1099-c - will Homestead exemption count against taxes?

    I filed my Homestead several years ago before our financial problems snowballed. Recently settled the second and have a $100K 1099. Will California's homestead exemption give me the 1st $100k in gains from the property sale and THEN the government...

    Hamid’s Answer

    The 1099C and Homestead are not related. Whether or not you owe taxes based on the cancellation of debt is a question of whether you meet one of the IRC exemptions. There are several, including insolvency and a primary residence exemption. You need to consult with your tax professional for advice on how to file for the exemption.

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  • I have some assets, some debts. What happens when I file bankruptcy?

    My husband passed away 3 months ago. He left me with approx. $15,000 debt (used two banks' line of credits -- one from his own account, another our joint account). I have this condo I'm living and I'm about defaulting monthly mortgage payment. Sol...

    Hamid’s Answer

    Bankruptcy is an option but whether it is the right option for you would require a little more information. Just based on the information you provide there are a few things to note. You do not have much debt (in the grand scheme of things) and you potentially have an issue with the farm because it is likely not exempt in a bankruptcy unless it is your primary residence. That being said, it would not hurt to consult with a bankruptcy lawyer to find out for sure what your options are. Many lawyers (including myself) offer free consultations so you should be able to find one in your area.

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  • Can i file bankruptcy after i get sub served? and how many days do I have to file for a credit card dept?

    I got sub served while i was in vegas. My father signed for the summons. How long after do I have to file bankruptcy after I get served? I also have a friend who got served two years ago and nothing came of it as far as she knows, will they garnis...

    Hamid’s Answer

    In California you typically have 30 days to respond to most state court lawsuits and twenty-one days if it is a federal court case. That usually leaves people with enough time to file a bankruptcy if they are going that route before the creditor can garnish accounts or wages. In reality, it will take the creditor longer to actually get a default judgment and begin collection activities. You should, nonetheless, consult with an attorney promptly to discuss your options.

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