Clifford Sculley Bordeaux’s Answers

Clifford Sculley Bordeaux

Los Angeles Chapter 13 Bankruptcy Attorney.

Contributor Level 10
  1. Can a defamation case be discharged in backruptcy court?

    Answered about 1 year ago.

    1. Clifford Sculley Bordeaux
    2. Doug Allen Bernacchi
    3. Marc John Randazza
    4. Michael Kevin Cernyar
    4 lawyer answers

    Section 523(a)(6) of the bankruptcy code makes debts nondischargeable if they arise from "willful and malicious injury by the debtor to another entity or to the property of another entity." However, Section 523(c) of the bankruptcy code specifies that such debts will be discharged unless the creditor files a timely complaint within the bankruptcy case in order to prove that the alleged injury arose from the willful and malicious conduct of the debtor. It can cost tens of thousands of dollars...

    8 lawyers agreed with this answer

  2. I have personal judgements against me can they levy my business bank account or just my personal accounts(california)?

    Answered over 5 years ago.

    1. Clifford Sculley Bordeaux
    1 lawyer answer

    Ultimately, the judgment creditor can levy any of your assets which are not exempt from collection. If your business is a sole propietorship or partnership and the account is under your social security number, then the creditor can likely levy the account fairly easily. If it is a corporate or LLC account then the creditor would most likely need a charging order before they could collect the assets in the account but they could eventually reach the corporate or LLC assets.

    9 people marked this answer as helpful

  3. My Stepfather file probate with my mothers estate property. 12 years ago he filed bankruptcy. Is he entitled of any asset still?

    Answered about 2 months ago.

    1. Gregory Paul Benton
    2. Arash Shirdel
    3. Clifford Sculley Bordeaux
    4. Evan Llewellyn Smith
    5. Shelley Ann Elder
    6. ···
    7 lawyer answers

    Sounds like your stepfather and mother filed a joint bankruptcy case while your mother was alive. It also sounds like they listed your mother's property as an asset. Assuming that is the case, and assuming their case proceeded to a discharge, the bankruptcy would no longer be relevant. Your real issue seems to be with the sale of the property through the probate. Were you notified of the probate proceeding? If not, you may have a basis for taking your stepfather to court. But if you were...

    4 lawyers agreed with this answer

  4. How will the Ch 7 Trustee treat a judgment I have against an uninsured small time landlord whose property is in a trust?

    Answered about 1 year ago.

    1. Stuart Bradley Handelman
    2. Clifford Sculley Bordeaux
    3. Jonathan David Leventhal
    4. Michael Glynn Busby Jr.
    5. Matthew Scott Berkus
    5 lawyer answers

    The judgment might be enforceable against the assets of the trust (not enough information given). Also, it is not clear if the judgment debtor might have other assets available to satisfy all, or a portion, of the judgment. Judgment debtors often threaten bankruptcy, but may not actually file if they have nonexempt assets. Trustee will probably try to negotiate a deal with the judgment debtor. Probably not a good idea to file Chapter 7 right now, unless (1) you can claim the full...

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  5. Should I pursue securitization / forensic audit with hopes of doing a SUCCESSFUL quiet title action to stop foreclosure?

    Answered about 2 years ago.

    1. Clifford Sculley Bordeaux
    2. John Refaat Habashy
    3. Joseph R. Manning Jr
    3 lawyer answers

    I'm not sure I understand the basis for the quiet title action, or how this would help you to avoid foreclosure. Have you spoken with an attorney about these matters? If you are trying to avoid foreclosure, Chapter 13 is often a viable option if you can afford to make the regularly scheduled mortgage payments and catch up on the mortgage arrears within five years. If you can't afford the mortgage payments, then you may not have any good options for avoiding foreclosure. If someone...

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  6. I sold my house on a short sale, my 1st mortgage waived the deficiency and cancelled the debt. My 2nd mortgage they did not???

    Answered over 2 years ago.

    1. Matthew John Stephens
    2. Clifford Sculley Bordeaux
    3. Dorothy G Bunce
    4. Russell Baird Adams III
    4 lawyer answers

    If you have not filed a bankruptcy and the lender did not waive its right to pursue a lawsuit against you, then it is quite possible that you could be sued on this debt. You should check with an attorney in Michigan regarding the applicable statute of limitations. You may need to contact the creditor to see if the debt can be settled so that you can avoid a lawsuit and to avoid continuous marks on your credit report.

    5 lawyers agreed with this answer

  7. I am filing chapter 13 and 9 months ago financed a new car with vw credit do i need to reafirm that date through chapter 13 ?

    Answered over 1 year ago.

    1. Clifford Sculley Bordeaux
    2. Madhu Kalra
    3. Brad Francis Weil
    4. Derek R. Caldwell
    4 lawyer answers

    Reaffirmation not required in Chapter 13 in Central District of California. You need to decide whether to pay the car payments directly or through the plan. You also have the option to surrender the car if you don't want it.

    3 lawyers agreed with this answer

  8. Can you borrow money after the 341 but before chapter 7 discharge?

    Answered over 3 years ago.

    1. Clifford Sculley Bordeaux
    2. Lysbeth Goodman
    3. Jillian K Aylward
    4. Brian Thomas Canupp
    4 lawyer answers

    I agree with the other answers, with one qualification. You should not take out a loan secured by your property (such as a home equity line of credit or auto title loan) until your case is closed. Technically, your assets are part of your "bankruptcy estate" until your case has been fully administered, so taking out a loan secured by your assets should not be done without a court order.

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  9. Are Heloc purchase money loans protected by California Anti-Deficiency laws? The Heloc loan was used to close escrow on a 80/20.

    Answered about 5 years ago.

    1. Clifford Sculley Bordeaux
    1 lawyer answer

    You are probably fully protected by California Code of Civil Procedure 580b, which prohibits deficiency judgments on "purchase money" loans (ie: loans used to fund the purchase of a property). I don't know of any cases in California specifically on point regarding HELOC loans, but generally lenders who advance funds for acquisition of 1-4 unit residential buildings can not sue for deficiency judgments.

    5 people marked this answer as helpful

  10. Is a debt repayment plan required to file Chapter 7 as an individual debtor?

    Answered 6 months ago.

    1. Michael Raymond Daymude
    2. Christopher Ryan Natynski
    3. Peter Maurice Lively
    4. Joseph Arthur Roberts
    5. Clifford Sculley Bordeaux
    6. ···
    7 lawyer answers

    Only if a plan was prepared. I agree with the other attorneys who have stated that you should at least meet with a bankruptcy attorney to identify issues with your case.

    2 lawyers agreed with this answer

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