Janet Gutierrez’s Answers

Janet Gutierrez

San Diego Chapter 13 Bankruptcy Attorney.

Contributor Level 9
  1. How do I keep my vehicle in a bankruptcy and delay my foreclosure.

    Answered 24 days 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 5 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 about 1 month 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

    1 person marked this answer as helpful

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

    Answered 25 days 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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  5. Procedure to reinstate dismissed Chapter 7?

    Answered 23 days 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

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

    Answered 25 days 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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  7. A Special Thank You To All Bankruptcy Attorneys Who Has Answered Chapter 13 Questions here But A Special Thank Goes out to...

    Answered 13 days 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

  8. What are the most current 9th Circuit (or Supreme Court) rulings which address "Chapter 20" lien stripping in Central District?

    Answered 25 days ago.

    1. Peter Maurice Lively
    2. Richard D. Granvold
    3. Janet Gutierrez
    4. Richard Glenn Elie
    5. Dorothy G Bunce
    5 lawyer answers

    I agree with the other attorneys, but feel very strongly you shouldn't represent yourself. At least in teh Southern District of California, the trustees give us hell if we even TRY to do this...

    3 lawyers agreed with this answer

  9. My landlord gave me 30 day notice as retaliation for my complaints to city code enforcement. Do I have any recourse?

    Answered 6 months ago.

    1. Brad S Kane
    2. Janet Gutierrez
    3. Tom Harold Elke
    4. William Stanley Fitch
    4 lawyer answers

    I agree with attorney Kane. I would just like to add that I would not wait to be served with an unlawful detainer. I would send a letter to the landlord via certified mail with return receipt where you inform the landlord that what he or she intends to do is illegal and that if he or she files an unlawful detainer to evict you, you will respond accordingly. It would be better coming from an attorney. Look for an attorney experienced in landlord/tenant issues. Ask if he or she is willing to...

    3 lawyers agreed with this answer

  10. We have been having trouble from last 2 months. Unknown person is harassing us by messing with garage door in community we stay.

    Answered 6 months ago.

    1. Janet Gutierrez
    2. Golnar Sargeant
    3. Nicholas Basil Spirtos
    3 lawyer answers

    I don't think you have a legal issue here. It's more of an issue with your garage door opener. The following is not legal advice, just something I found online: Some are programmable. You can clear any existing codes and then sync the new remote purchased. I would call the manufacturer or look up the specific model online. You can let the landlord know and they may be willing to help since this will be an issue with any future tenants if it is not fixed.

    3 lawyers agreed with this answer