Janet Gutierrez’s Answers

Janet Gutierrez

San Diego Chapter 13 Bankruptcy Attorney.

Contributor Level 11
  1. Will chapter 13 bankruptcy get my license reinstated for tickets I have in collections for expired tags a seatbelt ticket and 2

    Answered about 2 months ago.

    1. Janet Gutierrez
    2. Raymond Schimmel
    3. Robert Parkinson Taylor
    4. Larry Lex Johnston
    5. Madhu Kalra
    6. ···
    6 lawyer answers

    I assume you are dealing with Alliance One? Those type of debts can't be eliminated in bankruptcy. You have to pay them in full. Even if your chapter 13 plan provides they will be paid in full in 3-5 years, the hold will not be removed until the debt has been paid. Speak to Alluance One directly to discuss a payment plan. I know it feels like the debt will never be repaid, but the sooner you start, the sooner you will be back on track. Also, make sure they let you know which tickets created the...

    8 lawyers agreed with this answer

  2. How do I keep my vehicle in a bankruptcy and delay my foreclosure.

    Answered about 1 year ago.

    1. Lynda Wesley
    2. Roy A. Praver
    3. Janet Gutierrez
    4. Timothy J Sierra
    5. Jacqueline Alicia Salcines
    5 lawyer answers

    Don't transfer property in anticipation of a bankruptcy. The trustee will find out and you will get in trouble. Unfortunately, the motor vehicle exemption in your state, combined with the personal property exemption will still probably not be enough to protect your car. In that case you would have to file a chapter 13 bankruptcy and propose a plan whereby unsecured creditors get about $15k since that's probably how much they would have gotten in a chapter 7. Based on your income, however, it...

    9 lawyers agreed with this answer

  3. The trustee in a Chapter 7 case has already issued his Report of No Distribution. He did not object to any exemptions...

    Answered 11 days ago.

    1. Stuart Gregory Steingraber
    2. Robert Lewis Firth
    3. Brett Lorin Wittner
    4. Janet Gutierrez
    5. Susan J Dodds
    6. ···
    6 lawyer answers

    Stop what you are doing. I am glad you posted this question before filing anything. What are you trying to accomplish? Values change every day but my guess is when you filed and listed the asset you had some proof of the valuation. For example, if you listed a house, and used Zillow to get an estimate of the value, then you are fine. If a bpo reveals the house is actually worth less, you did your due diligence. Were there any unexempt assets you did not get to protect but could with the...

    5 lawyers agreed with this answer

  4. In involved in a law suite against Wells Fargo Bank; can they foreclose on property during litigation?

    Answered over 1 year ago.

    1. Janet Gutierrez
    2. Antoinette Cara Liewen
    3. Terry David Horner
    4. Eric Lechtzin
    5. Donald E. Haviland Jr.
    5 lawyer answers

    Are you in foreclosure? Did you receive a Notice of Default or Notice of Trustee's Sale?

    5 lawyers agreed with this answer

  5. In Chapter 13 Bankruptcy with a lien strip on primary residence. Now I need to rent it. Is this ok?

    Answered about 1 year ago.

    1. Janet Gutierrez
    2. Matthew David Resnik
    3. Derek R. Caldwell
    4. Peter Maurice Lively
    4 lawyer answers

    I agree with attorney Resnik. You can move and rent the property. My guess is after making the mortgage payment, there will not be disposable income (or there will be very little left over), correct? The reason I ask is because the only way this could be relevant is if you will now have more disposable income. When you filed your chapter 13 bankruptcy, your plan payment was based on your disposable income at the time. If your financials change, the trustee may file a motion to modify the plan...

    4 lawyers agreed with this answer

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  6. Do I need to declare bankruptcy chapter 13 to save my home. Will declaring eliminated penalties and interest.

    Answered 12 days ago.

    1. Barbie Dawn Lieber
    2. Michael Hal Schwartz
    3. Janet Gutierrez
    4. Jonathan David Warner
    5. Russell Warren Dombrow
    5 lawyer answers

    Attorney Lieber provided a great answer, AND she practices in New York so I will not duplicate her response. I only want to ask you something you did not answer for us. Do you want to keep the home? You said the house needs major repairs, AND you haven't paid the mortgage for several years. How much are the arrears at this point? I recommend you meet with an experienced bankruptcy attorney, but provide this information as well.

    6 lawyers agreed with this answer

  7. I filed for chapter 7 bankruptcy a few yearsbago, can I still get a loan modification or refinance?

    Answered 11 months ago.

    1. Richard D. Granvold
    2. Janet Gutierrez
    3. Scott Benjamin Riddle
    4. Brad L Puffpaff
    5. Brittany S. A. Cline
    6. ···
    6 lawyer answers

    If you qualify for a loan modification, the mere fact that you filed for bankruptcy will not prevent you from being approved. However, you may have some difficulties if your lender insists that you should have reaffirmed the debt. Don't reaffirm the debt and don't get legal advice from your lender. It is not true that you had to reaffirm the mortgage loan. If this becomes an issue, an attorney can help. Although your credit report will reflect you filed for bankruptcy a few years ago, it...

    6 lawyers agreed with this answer

  8. Does an hoa lien affect a mortgage loan modification?

    Answered about 1 year ago.

    1. Janet Gutierrez
    2. Joseph Arthur Roberts
    3. Michael Raymond Daymude
    3 lawyer answers

    Liens filed against the subject property may affect your modification. I've seen it happen before. However, you shouldn't bring it to your lender's attention. They usually request a copy of the most recent HOA bill as part of the application for a loan modification, so chances are they already know. In fact, a section in the RMA asks whether you are current on the HOA payments. I assume you answered no. If they placed you in a trial plan in spite of that, you may have dodged a bullet. If it...

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  9. Procedure to reinstate dismissed Chapter 7?

    Answered about 1 year ago.

    1. Janet Gutierrez
    2. Arthur Wemegah
    3. Robert J Adams Jr.
    4. Cindy Lee Hill
    5. Richard D. Granvold
    5 lawyer answers

    I'm assuming you represented yourself because otherwise your attorney would have contacted you beforehand. Also, your attorney would have filed electronically and provided you with copies of all the schedules and the Notice of Meeting of Creditors. When you represent yourself, and you file over the counter, the clerk adds a label on your forms that contains the case number and case information. The date of the 341a Meeting of Creditors should be on there. Thereafter, the court mails the Notice...

    4 lawyers agreed with this answer

  10. Can I successfully sue chase mortgage for not acknowledging beneficiary (me)after moms death & forcing me into bankruptcy court

    Answered 12 months ago.

    1. Janet Gutierrez
    2. Elizabeth Rankin Powell
    3. Barry W. Rorex
    3 lawyer answers

    You are not alone. Just read this article from last year: http://www.nytimes.com/2013/11/17/realestate/guidelines-help-heirs-assume-and-modify-loans.html?_r=0 The banks really just don't know what to do. I agree with my colleague. You need the assistance of a probate attorney ASAP, and make sure you fax copies of the probate filings to the bank.

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