Janet Gutierrez’s Answers

Janet Gutierrez

San Diego Chapter 13 Bankruptcy Attorney.

Contributor Level 10
  1. How do I keep my vehicle in a bankruptcy and delay my foreclosure.

    Answered 5 months 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

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

    Answered 10 months 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

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

    Answered 6 months 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...

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

    Answered 3 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

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

    Answered 5 months 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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  6. Procedure to reinstate dismissed Chapter 7?

    Answered 5 months 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

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

    Answered 4 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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  8. How to oppose Chapter 13 modification and what forms or motions do I file?

    Answered 5 months ago.

    1. Janet Gutierrez
    2. Derek R. Caldwell
    3. Sandra A Kuhn Esq.
    3 lawyer answers

    You should have been served with form CSD 1149: "NOTICE OF HEARING AND MOTION FOR APPROVAL OF CHAPTER 13 MODIFIED PLAN." The form says, "Any opposition or other response to the motion must be served upon the undersigned and the original and one copy of such papers with proof of service must be filed with the Clerk of the U.S. Bankruptcy Court at 325 West "F" St., San Diego, California 92101-6991, NOT LATER THAN TWENTY-EIGHT (28)* DAYS FROM THE DATE OF SERVICE." If you were served...

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  9. The US Trustee is claiming that my student loan payment cannot be listed on Schedule J in my Chapter 7. Is this correct?

    Answered 4 months ago.

    1. Gary D. Bollinger
    2. Janet Gutierrez
    3. Richard D. Granvold
    3 lawyer answers

    Usually this comes up in a chapter 13. I once met with a debtor who tried torepresent herself and listed the student loan on schedule J, the trustee of course made her delete it and increase her chapter 13 plan by that amount because during her chapter 13 she did not have to pay the loan outside of her chapter 13 plan. You may want to amendyour schedules. Before you do, talk to an attorney. If it is someone from the .S trustee's office, and not your ch7 trustee, proceed with caution. An...

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  10. A Special Thank You To All Bankruptcy Attorneys Who Has Answered Chapter 13 Questions here But A Special Thank Goes out to...

    Answered 5 months ago.

    1. Derek R. Caldwell
    2. Stuart Gregory Steingraber
    3. Shaye Larkin
    4. Lynda Wesley
    5. L. Vincent Ramunno Jr.
    6. ···
    7 lawyer answers

    Congratulations! Thank you for your kind words. It's great to hear that our advice helped. I know it definitely encouraged me to keep answering questions as often as I can.

    3 lawyers agreed with this answer