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Janet Gutierrez

Janet Gutierrez’s Answers

167 total


  • What do I do when my landlord says I owe rent but I have proof of rent payment?

    I moved into my apartment on April 25th. Since then, my landlord has constantly harassed me. She has called uneducated, yelled at me for asking for a working fridge and now says I am responsible for the money she paid for it even though it is in o...

    Janet’s Answer

    I agree with the other attorneys. You should send a letter and attach copies of the receipts. Send the letter via certified mail with return receipts. How long is your lease? I only ask because You may want to find another place to live with a better landlord.

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  • Sued by creditor after Chapter 7 Discharge

    7/2013 I was sued by a collection agency. The original creditor was a furniture store. The loan originated in 2005 however in sept 2006 i purchased a bedroom outfit and refi the loan. April 2008 I purchased a sectional sofa which refi the existing...

    Janet’s Answer

    I agree with attorney Espada. Get a copy of your discharge, especially the court certificate of mailing regarding discharge which lists every creditor that was notified. Highlight or circle the original creditor's name and address. Send a copy to opposing counsel and bring a copy for the judge/court for the hearing.

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  • I believe my rights were violated by my landlord and I'm seeking advice for immediate recourse

    i recently sustained a sexual assault in Mexico, and survived a suicide attempt for which I was admitted to inpatient mental health for 5 days. On discharge I was illegally evicted from my sober living causing me to be homeless.

    Janet’s Answer

    I need more information to be able to offer advice. Did the landlord lock you out? Did he serve you with any notices? Visit the unlawful detainer clinic at the San Diego courthouse.

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  • How do I find out when my chpt 7 bk is discharged

    Is there a way to find out?

    Janet’s Answer

    I agree with attorney Rausa that we can easily look up your case and let you know. Otherwise, call the case administrator. You can get his or her information on the court's website at www.casb.uscourts.gov, under "phone list." The number to call is based on the ending digits of your case. The administrators usually call us back the same day. Make sure you take the personal financial management course and file the certificate and form 23 if you have not already done so! If you don't, your case will be closed without a discharge and you'll have to pay to reopen your case and file a motion and declaration in support.

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  • I owe the city of San Diego a debt since 2004, what's the statute of limitations?

    Back in 2004 I had a car accident (Not a DUI) and I ended up crashing a tree which belonged to the city. A month after the crash I got a bill for $8,000 for the tree which I then offered to replace since I was working for a landscaping company and...

    Janet’s Answer

    Wow! They are trying to collect 11 years later?! I honestly don't know the answer but I will do some research and ask some of my colleagues and get back to you.

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  • Is a chapter 13 bankruptcy basically where you lump all debts together divide the total by 60 months and that is your payment?

    I know that there are priority debts that have to be paid in full but is this a fair and simple explanation?

    Janet’s Answer

    a 100% plan as you described is one possibility. There are some plans that are 100% plus interest, plus the trustee's commission. There are 0% plans. There are 3 year plans and 5 year plans. It all depends on

    (1) Income
    (2) expenses
    (3) Assets
    (4) Type of debts (secured vs. unsecured, priority)

    The key is: Disposable income. However, how you calculate disposable income and current monthly income is the complicated part and you can't determine that by merely adding up your debt and dividing by 36 or 60.

    There is such a thing as a 0% plan for example. Some clients pay back secured debts such as arrears on property they intend to keep and there is no money left over to pay back unsecured creditors so their unsecured creditors get nothing. Some clients avoid liens or obtain a lien strip making their second mortgage or HELOC an unsecured debt and over the course of 36-60 months they back a small percentage.

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  • What reasons can a bankruptcy filing be sealed

    I plan of filing a chaptet 7 bk. I wanted to know what reasons if any would a judge or clerk approve the case being sealed from the public.

    Janet’s Answer

    I agree that you can't file the entire petition under seal. For example, In San Diego, rule 9018 allows you to file
    "secret, confidential, scandalous,or defamatory documents" under seal.

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  • I filed chapter 7 on sept. 9, 2012 and i included all creditos in during my counseling.

    Uknowing to my knowledge, some of my creditors placed a lien on my residential property. during my refinancing of my property tile company informed me of this lien. Isn;t it that during my B.K. my attorney should have found this out during the due...

    Janet’s Answer

    I usually obtain what is called a "due diligence report," which is supposed to contain information regarding liens and even that report is not 100% up to date and accurate. That is why we ask debtors about their debts and their assets, If you disclose a lawsuit, then I'll ask whether a judgment was entered and if you know whether the creditor recorded a lien. I do check the county recorder's website, which is why the initial client interviews take so long, but most attorneys provide you with a questionnaire and instruct you on how to do this yourself to avoid charging you more for something you can do.

    I think the other attorney's suggestion about settling with the creditor is a good idea and may cost you less than reopening the case.

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  • What can I do when I can no longer pay my credit cards?

    I have fallen way behind paying my credit cards; I do not have any source of income as I have health issues that do not allow me to go to work, drive etc. I am barely making it. The credit card companies have started sending me letters to pay back...

    Janet’s Answer

    I'm sorry to hear that things are difficult for you right now. The good news is, you have options. I think more information is needed to give you better advice.

    How much do you owe on your credit cards? How far behind are you on payments? If you don't have a lot of debt, and you think this hardship is only of short duration, you should contact each creditor individually. Let them know that you are experiencing financial difficulties. Some credit card companies have hardship programs of short duration (usually 3 months but you can reapply after 3 months) where they temporarily reduce your APR to 0% and they can substantially lower your minimum payments. Some clients are paying as little as $10/month. Of course every case is different and the total balance is a factor.

    In addition to credit card debt, do you have outstanding medical bills?

    If you decide that bankruptcy is the best option, you need to be sure that you qualify. To determine if you qualify, you must consider your income and assets.

    You should meet with an attorney. Most (if not all) attorneys in San Diego offer a free consult, and if you do hire an attorney, some attorneys allow you to pay the retainer over time.

    Good luck, and I hope things get better for you soon.

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  • Will a CA BK attorney represent me as I finalize a settlement w the BK Trustee and her lawyer in estranged husband's Ch7

    Estranged husband filed divorce in CO (Jan2014); then he moved to CA (took our marital cash); invested in two real estate spec projects; and one week before divorce hearing (Aug2014) he filed CH 7 in CA; In good faith, I negotiated w CA Trust...

    Janet’s Answer

    Most (if not all) attorneys will offer you a free consult. Meet with an attorney before you accept a settlement.

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