Hale Andrew Antico’s Answers

Hale Andrew Antico

Santa Clarita Chapter 7 Bankruptcy Attorney.

Contributor Level 11
  1. Can creditors go after my wife's non-community property asset for my own discharged community debt under chapter 7 ?

    Answered over 1 year ago.

    1. Hale Andrew Antico
    2. Gregory Howard Wiley
    3. Faezeh Pejman
    4. Stephen M Trezza
    4 lawyer answers

    People think lawyers are expensive. Not having a lawyer can be more expensive. You recently filed bankruptcy while your wife owns a house with a quarter-million dollars of equity. Chapter 7 is liquidation. People really do lose things in bankruptcy. Once the case has begun, it'll be very difficult to get out of it, for exactly the same reasons you will want to get out of it. The facts - backed up by documentary evidence - will establish whether you have a community interest in your wife's...

    13 lawyers agreed with this answer

  2. I am on the third year of my 5 yrs bk 13 repayment plan which includes both my credit cards as well as my husband's. Options?

    Answered over 1 year ago.

    1. Hale Andrew Antico
    2. Deborah F Bowinski
    3. Stephen M Trezza
    4. Chirnese Lashaunda Liverpool
    5. Mark E. Lewis
    5 lawyer answers

    I'm sorry to hear about your marital difficulties. This can result in all kinds of change, both emotional, physical (living spaces), and financial. As far as bankruptcy goes, your options are: 1) continue with your Chapter 13, modifying your plan to account for changes in the budget. 2) convert the case to Chapter 7, which (given the fact you filed to "save our house") would likely result in losing your home . 3) have the bankruptcy case dismissed, and solve your debt problems outside...

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  3. Will I be able to declare Chapter 7 Bankruptcy in San Diego with a yearly salary - before taxes - of $125000.00?

    Answered over 1 year ago.

    1. Hale Andrew Antico
    2. Hermin A. Dowe
    3. Ben Edward Embry
    4. Kathryn Ursula Tokarska
    4 lawyer answers

    Short answer: probably not. Slightly longer answer: The means test is the gatekeeper to Chapter 7. It's not clear that you pass the means test, and missing is whether your wife is employed or not, making your income even higher than your comfortable salary. The safe answer is, probably not. While I have helped people who earn high incomes like you file Chapter 7, legally and ethically, you do not seem to fit that fact pattern. You have only one secured debt, no priority debt, no court-...

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  4. Who is responsible for doing the Fair Market Value Estimate of a condo being considered for Ch. 13 lein stripping of the second?

    Answered over 1 year ago.

    1. Hale Andrew Antico
    2. Ted A Troutman
    3. Deborah F Bowinski
    4. Ben Edward Embry
    5. Dorothy G Bunce
    5 lawyer answers

    You are asking the court to make a ruling. With that request, you are responsible for providing evidence to back it up. The other side can respond and provide the court evidence that contradicts yours. There are no guarantees in law, and especially Chapter 13 bankruptcy. So, short answer: you're responsible for providing your own evidence, which the court may or may not give much weight to. I hope this helps.

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  5. Do you recommend that a person file a bankrupcty (in CA) if they are judgement-proof?

    Answered over 1 year ago.

    1. Hale Andrew Antico
    2. Paula Brown Sinclair
    3. Dimitri A. Panagopoulos
    4. Hermin A. Dowe
    5. Michael Jay Berger
    6. ···
    6 lawyer answers

    Bankruptcy is not good for everyone's situation. Do you have to file bankruptcy? Of course not. Can you? Yes. Should you? That's a question on you can decide, once you weigh the many factors. What are those factors? In my opinion: * your age * your earning history * your education background * your ability to handle stress * your desire for closure ...and others. You may be judgment-proof today, but depending on various factors, you may not be forever. If you land your dream...

    10 lawyers agreed with this answer

  6. Is it possible to file for personal Bankruptcy in Massachusetts without a lawyer?

    Answered over 1 year ago.

    1. Peter Walter Weston
    2. Herbert Weinberg
    3. Hale Andrew Antico
    4. Andrew Daniel Myers
    5. Massimo Paternoster
    5 lawyer answers

    11 USC 527(b) requires any attorney you consult with to disclose to you that you can file bankruptcy for yourself, and do not need an attorney. While you're free to try, many bankruptcy attorneys won't touch Chapter 11 cases because they are so complicated and time-consuming. Legal to file on your own? Yes. Doable? Hardly. Is it possible that maybe you're confusing it with another chapter? What you can do and what is wise to do are completely different things. Many attorneys accept...

    10 lawyers agreed with this answer

  7. WHAT ARE CURRENT RULINGS TO BK7 A SECOND MORTGAGE?

    Answered over 1 year ago.

    1. Hale Andrew Antico
    2. Robert Edward Tardif Jr.
    3. Marc Gregory Wagman
    3 lawyer answers

    You indicate that you're in California, which is the Ninth Circuit. Lorraine McNeal v. GMAC Mortgage is a case in the Eleventh Circuit. It's not binding here in California, and to my knowledge, there is no similar case to it in our circuit.

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  8. I'm Currently in Chapter 13 but want to convert to a 7 before I get married but I previously filed and received a discharge.

    Answered over 1 year ago.

    1. Hale Andrew Antico
    2. Gregory Howard Wiley
    3. Robert Edward Tardif Jr.
    4. Eric Charles Lewis
    4 lawyer answers

    First, you are not eligible to receive a Chapter 7 discharge at this time. Converting would not help you with your goals. You may consider having this case dismissed, and then paying and filing a new bankruptcy (Chapter 7) in or after July 2013. Second, you have concerns about attorney fees, and the very real prospect of paying your lawyer more money for a potential Chapter 7. Realize that Chapter 13 cases are time-consuming and labor-intensive for attorneys. Any fees you agreed to pay your...

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  9. Question concerning aftermath of being sued by creditors or collecitons agencies

    Answered over 1 year ago.

    1. Hale Andrew Antico
    2. Joseph Lenti II
    3. Robert Jason De Groot
    4. Eric Jerome Gold
    4 lawyer answers

    Once a creditor obtains a judgment against you, it can seize assets, levy accounts, etc. Perhaps your accounts and income are protected from being attached. But to answer your question: creditors are entitled to perform a judgment debtor's exam, which is a long deposition process whereby it learns everything about your financial situation. In short, you educate the creditor where your stuff is so they can maybe take it. You need to cooperate with them, and they are entitled wide latitude....

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  10. Does filing chapter 13 protect me from a contempt hearing for non payment of attorneys fees in California?

    Answered over 1 year ago.

    1. Hale Andrew Antico
    2. Michael John Primus
    3. Theodore Lyons Araujo
    3 lawyer answers

    Yes, the automatic stay will stop all collection attempts, including a state court proceeding. However, not all debts are dischargeable, including support payments, payments to a governmental agency, and criminal debts. Contempt of court is a serious matter, and could result in jail time. Seek counsel.

    7 lawyers agreed with this answer