Michael Salanick’s Answers

Michael Salanick

Culver City Chapter 7 Bankruptcy Attorney.

Contributor Level 14
  1. I received a personal injury settlement and am considering filing for bankruptcy because my debts are just too high.

    Answered 8 months ago.

    1. Shaye Larkin
    2. Stuart Gregory Steingraber
    3. Michael Salanick
    4. Jason Todd Studinski
    5. Christopher John Gansen
    6. ···
    12 lawyer answers

    Personal injury settlements may be exempt assets DEPENDING on a variety of factors related to your actual, specific scenario. Please Note: bankruptcy cases requiring any degree of exemption planning, however, are not the DIY (do it yourself) variety. Seek experienced bankruptcy counsel to represent you throughout the duration of your case, including the critical planning phase involved in completing your bankruptcy petition and schedules.

    27 lawyers agreed with this answer

  2. Do I need to file for chapter 7 again?

    Answered almost 2 years ago.

    1. William James Waters
    2. Michael Salanick
    3. David Patrick Farrell
    4. Jonathan David Leventhal
    5. Michael John Primus
    6. ···
    6 lawyer answers

    Here is what you must do (no need to file another bankruptcy case ): Motion to reopen + order on motion to reopen + Form B23 + your Certificate of Completion Financial Management Course +++ $260 fee to reopen (yeah. I know.) But, better to go this route than do it all over again and the additional expenses and time. Hope that helps

    13 lawyers agreed with this answer

  3. Need chapter 7 lawyer. Don't have full fees. Can lawyer file chapter 7 prior to being paid in full? They all say pay in full.

    Answered over 2 years ago.

    1. Michael Salanick
    2. Walter C Oney Jr
    3. Marc Gregory Wagman
    4. Jonathan David Leventhal
    5. Hadi Edward Ramsey
    6. ···
    7 lawyer answers

    Technically, a lawyer who does not collect fees upfront before a case is filed loses his ability to collect unpaid fees. Filing of the bankruptcy petition creates an automatic stay which precludes any pre-petition creditors from pursuing collection activities on debts owed (including one's own bankruptcy attorney). A bankruptcy lawyer that requires fees paid in-full before filing is simply protecting himself and following the law. In my office, we set up payment plans and...

    12 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. I personally loaned money to a friend, who filed for Ch 7 Bankruptcy, but he did not list me as a creditor. Can I still collect?

    Answered over 2 years ago.

    1. Michael Salanick
    2. Dorothy G Bunce
    3. Frank Wei-Hong Chen
    4. Anthony Matthew Vassallo
    5. James Portman Webster
    5 lawyer answers

    The answers above are more-or-less correct, depending on various other factors. Notice in a no-asset bankruptcy has been found inconsequential if a no asset case and if the debt would have been characterized as dischargeable if it had been listed in the case. See In re Beezly. You may also wish to review 11 USC 523... 11 USC 727 regarding dischargeable debt. If you are able to prove that your debt would have been non-dischargeable, and/or if you have any other information leading...

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  5. Is it possible to file for chapter 7 bankruptcy and include the attorney on my divorce? This attorney is not answering my calls,

    Answered about 2 months ago.

    1. David Alexander Browde
    2. Barry W. Rorex
    3. Michael Salanick
    4. Robert J Adams Jr.
    5. Sandra A Kuhn Esq.
    6. ···
    9 lawyer answers

    Yes you would include the debt owed to current or former lawyers and law firms. However, the bankruptcy lawyer is not filing bankruptcy against another lawyer - bankruptcy law is based on the premise that you have fallen on hard times (honest yet unfortunate debtor) and you require protection and relief from your creditors and any collection activities against you. Be sure to work with an experienced lawyer, one who understands the interplay between divorce, community property law, and the...

    12 lawyers agreed with this answer

  6. Can I apply for fee waiver for chapter 7 if I have a attorney

    Answered over 1 year ago.

    1. Michael Salanick
    2. Shaye Larkin
    3. Kathryn Ursula Tokarska
    4. Derek R. Caldwell
    5. Thomas M. Hensel Jr.
    5 lawyer answers

    No. In the Central District of California, fee waivers require that you apply in person at the filing window and await determination on the same day, which will be evaluated based on information included in your application and bankruptcy petition. The court consistently has disallowed fee waivers where a person has paid an attorney for legal services ( and also where assets exist that may be liquidated to pay the $306 filing fee, whether or not the assets are otherwise exempt in one's...

    12 lawyers agreed with this answer

  7. Can you strip a collection lien in ch. 7?

    Answered almost 2 years ago.

    1. Michael Salanick
    2. Kathryn Ursula Tokarska
    3. Stephen M Trezza
    4. Dorothy G Bunce
    4 lawyer answers

    11 USC 522(f) can be used to strip Judgment Liens in a Chapter 7 case, depending on various factors and depending on whether you have exemptions available to protect assets and/or whether there is equity in a home that you own and whether the judgment creditor is secured by the equity in your home. Currently, a 2nd mortgage cannot be avoided/stripped in a Chapter 7 case, no....matter...what. For more information visit: www.salanicklaw.com

    12 lawyers agreed with this answer

  8. I am waiting for my 341 meeting (chapter 13). My financial situation changed, I lost my job earnings.

    Answered 6 months ago.

    1. Shaye Larkin
    2. Michael Salanick
    3. Stuart Gregory Steingraber
    4. Sally J Elkington
    5. David Alexander Yomtov
    6. ···
    11 lawyer answers

    Much of what happens will depend on what you choose to do next, the reason for filing C13 v C7, what alt options you may have for funding your case, any new income and your employment prospects, and more. If you're not working with a lawyer, and if you plan to try to stay in your Chapter 13, then you need to consult with a lawyer (and possibly finance the legal fees thru your chapter 13 plan).

    11 lawyers agreed with this answer

  9. Going to file Ch. 7 on Monday and got a letter today that a the creditors is taking us to small claims court. Can I still fill??

    Answered 10 months ago.

    1. Andrew Daniel Myers
    2. Michael Salanick
    3. Robert J Adams Jr.
    4. Kevin H. Pate
    5. Stephen Craig Hinze
    5 lawyer answers

    FYI... By law, We The People cannot give you legal advice, it cannot represent you at your 341a hearing ( or in bankruptcy court, if necessary), and cannot talk to your creditors for you. Along with amending your bankruptcy petition and schedules to include the information from the lawsuit, you should also complete the court form for Notice of Pending Proceeding (CM-180) and file in the court where the lawsuit is pending, and also send this to the opposing parties. Sometime there is...

    11 lawyers agreed with this answer

  10. Can a signed and notarized debt, stating that this debt can not be discharged in any BK proceedings stand up ?

    Answered almost 2 years ago.

    1. Michael Salanick
    2. Ted A Troutman
    3. Jonathan David Leventhal
    4. Gregory Howard Wiley
    5. Michael J Corbin
    6. ···
    7 lawyer answers

    Generally speaking "no" - you cannot contract out of your ability to file bankruptcy (debtor). There are policy reasons that support this rationale and further described in the bankruptcy code regarding "ipso facto" clauses as unenforceable. See 11 USC section 101 et seq. and search " ipso facto clause" for more information and as a self-help tool until you decide whether you need to seek legal representation. Best of luck!

    11 lawyers agreed with this answer

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