Skip to main content
Michael Salanick

Michael Salanick’s Answers

420 total

  • Hi, my bk lawyer is about to file chapter 7 for me I was wondering if I could trade in my car that's paid off for a newer model

    My current car is paid off , I would be financing the new on, I just don't want to affect the bk

    Michael’s Answer

    It depends on a variety of factors in your particular situation - there is no cookie-cutter, one-size fits all answer to apply to this situation. Generally speaking, a lawyer should of not advise you to incur new debt when on the verge to the filing of your bankruptcy case; however, certain reasons may exist (and also may be permissible) where your interests would be best served to obtain vehicle financing before filing your bankruptcy case.

    In an ideal scenario, your lawyer is the person advising you, and they will understand these nuances and capable of advising you to your satisfaction.

    See question 
  • I am about to file chapter 13 with no lawyer. Do I have to do the filing in person? or can I send someone else to do it for me?

    I am about to file chapter 13 with no lawyer. Di I have to do the filing in person? or can I send someone else to do it for me?

    Michael’s Answer

    If cost of legal representation is your concern, why not take a few consultations with lawyers and see who is willing to work woth you on paying a greater portion of attorney fees through your chapter -3 plan. As everyone else has told you, Chapter 13 bankruptcy is not (at all) advisable for a pro se filer.

    See question 
  • If i lose a trial for a credit card debt, can I declare bankruptcy to avoid wages garnishment?

    trial with Cach

    Michael’s Answer

    Yes, you can file bankruptcy after a lawsuit has completed and judgment for plaintiff entered. Of course, "can I declare bankruptcy" assumes you would satisfy all conditions for filing bankruptcy and that you would be a good candidate otherwise.

    Best to talk with a bankruptcy lawyer now before a judgment is entered against you.

    See question 
  • How do I file a522f motion? Is there a form that the court lists to do this?

    avoiding a judgment lien

    Michael’s Answer

    You are best advised to find legal representation to first analyze the facts to be certain a 11 USC 522(f) motion will be proper under the specific conditions present in your case. Next, an bankruptcy lawyer will be able to prepare the motion along with all required supporting documentation and legal arguments for the best chance at succeeding on the motion to avoid. This also includes serving on the correct parties and stating in compliance with the local rules and conventions of the particular bankruptcy court district and division (and judge & trustee). A bankruptcy lawyer will also appear at any heating on the motion to represent argue the position set forth in your motion and underlying /supporting documents.

    Attempting to navigate this legal work alone without professional assistance is possible in theory, yet risky when considering the pitfalls for doing it incorrectly. If the lien is of any significant value, the cost of legal representation will be well worth the services needed to avoid and eliminate the lien/future savings.

    See question 
  • I need to file bankruptcy (chapter 7) for a judgment rendered on me of $84,00 in California.

    the judgment was for a vehicular accident i had in 2010, in California. however i live in Colorado now. i moved here almost a year ago. no one died and no alcohol or drugs were involved in the accident. i don't want to put any other major debts in...

    Michael’s Answer

    Problem 1: all debts must be listed when filing bankruptcy - you cannot pick-and-choose among your creditors to include in your case.

    Problem 2: if living (domicile/residence) in CO with all assets located in CO, then you must file your case in CO, not California. Using exemptions from CA may still be an option and/or required - you need a lawyer to analyze facts, etc.

    Problem 3: if auto accident/judgment was rendered as a result of any alcohol or drug use then according to the Bankruptcy Code (11 USC 101 et seq.) this debt is not dischargeable in a chapter 7 bankruptcy.

    See question 
  • If I file chapter 7 in California what can I keep ?

    I don't own a house but have 2 cars ( worth 3k per car ) about 25K in cash value life insurance , and about 8 k in the bank. I really don't have any other assets. I heard I can have up to 50k in cash and property. Can I loose all this ? Note I hav...

    Michael’s Answer

    You'll need to review these details I'm more depth with a lawyer.

    Generally speaking, you can maintain and protect up to a certain value in assets, depending on an asset's characteristics (auto, jewelry, tools of trade, real property, etc.), and also depending on the exemption scheme chosen. Far too many variables to offer a definitive answer without exploring further.

    Exemption planning is a critical component of preparing bankruptcy petitions and schedules. To find a better idea of what all of this mean, you may want to review California's exemption 703 vs 704 exemption schemes. While not recommended as a DIY project, taking a look at what exemptions mean may begin to resolve some of your questions.

    See question 
  • Can filing bankruptcy stop a legal case against me?

    if so which chapter can do that?

    Michael’s Answer

    Filing a bankruptcy case (any chapter) will immediately stop all collection efforts from continuing against you, including a civil lawsuit.

    As for the particular chapter to file to accomplish this, the answer is not as simple and quite likely will require a consultation with an experienced bankruptxy lawyer for purposes of evaluating your entire circumstance.

    See question 
  • Chapter 7 bankruptcy 2 years ago. If I reopen case to file a motion to avoid judgment lien on home, they look @ value now?then?

    I wondering, if a case is reopened due to an abstract of judgment on a home that needs to be "avoided", will the judge or trustee look at today's value or the value it had when I filed my petition 2 years ago? how can I be sure? If they look at th...

    Michael’s Answer

    This is common element of bankruptcy law practice - use value at time if filing. These motions to reopen and motion to avoid lien are not the simple-variety, however, and they must be filed separately in the Central District CA Bankruptcy Court per local rules. You would be wise to hire an experienced bankruptcy lawyer to represent you and you will have the assurance of knowing the work is being completed properly. Be prepared to dig up evidence of home value at time of filing BK, evidence of all liens and amounts and more.

    Best of luck

    See question 
  • I want to file Chapter 7 bankruptcy. Can I get my money back?

    I read that 90 days before filing a bankruptcy you can reclaim money taken from you. I had an EDD overpayment for $7000. I filed my 2014 taxes in February and I was told that EDD took my entire refund. Is the 90 day look back period calculated...

    Michael’s Answer

    90 days pre-petition from date of turnover of funds. Filing bankruptcy alone will not unwind this. Requires extra legal work during a bankruptcy case for recovery of pre-petition levied or garnished wages; must also be sure to claim amounts and protect with exemptions. Further, EDD may also assert rights to its possession of funds so be prepared for possibility of contested matter.

    See question 
  • Can i file chapter 7 bankruptcy in Ca? Im married, but my husband is not a U.S. Citizen, and Im unemployed.

    I have tons of medical bills, student loans, and old credit card debt from when i was younger, I've tried making payments but I'm currently unemployed and on unemployment, which isn't enough to pay my regular bills plus old debt. Can i file chapte...

    Michael’s Answer

    Yes you may file without your husband. Undocumented status shouldn't be fatal to your case, however disclosure regarding his status and any use of credit, fraud SSN, etc., still will be important to receive.

    Look at Homestead exemption for your house if any equity.

    You should consult a bankruptcy lawyer for representation to get this prepared correctly.

    See question