Harley Aaron Feinstein’s Answers

Harley Aaron Feinstein

Encinitas Bankruptcy Attorney.

Contributor Level 12
  1. Losing the car in a bankruptcy?

    Answered almost 3 years ago.

    1. Harley Aaron Feinstein
    2. Gary D. Bollinger
    3. Mitchell Paul Goldstein
    3 lawyer answers

    Based on the questions you ask, you definitely need to see an attorney. But people don't go on this site just to be told to get an attorney. However, it's a good idea to educate yourself before seeing an attorney. So here's a little info. If your business is incorporated or an LLC then it can'f file a chapter 13. In can be shut down and liquidated of course. You can do this as a chapter 7 or not. Chapter 7s for corporations are somewhat rare. Most people that liquidate their...

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  2. In bankruptcy, If your self-employed will they require that I provide tax returns. I am a realtor.

    Answered over 4 years ago.

    1. Harley Aaron Feinstein
    2. Malcolm Wallace Ruthven
    3. Mona Parsa
    3 lawyer answers

    You need to provide information concerning your income in order for the court to determine if you qualify for bankruptcy under the Means Test. Generally, self employed people like you, document your income with a financial statement not your tax return. Your attorney will tell you what you need to demonstrate your income. You must show what your income was during the 6 months period prior to filing. In the Southern District (San Diego) you must provide this documentation to the trustee...

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  3. Should we sign the reaffirmation agreement on our car loans?

    Answered over 4 years ago.

    1. Harley Aaron Feinstein
    2. Arash Shirdel
    3. Stanley Duane Lockhart
    4. Mitchell Paul Goldstein
    4 lawyer answers

    I sounds like you are trying to decide between 2 alternatives: Alternative 1: REAFFIRMATION: Reaffirmation means that you make a new promise to pay the vehicle loan. In other words, the bankruptcy discharges the original loan but you make a new promise to pay the loan. If you do this you remain personally liable for the vehicle loan even after bankruptcy. If, say 6 months after the bankruptcy you default then the lender will probably sue you. You won’t be able to discharge that debt for 8...

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  4. Is a home considered an asset if you just bought it 2 year ago?

    Answered almost 5 years ago.

    1. Harley Aaron Feinstein
    2. Jeffrey Daniel Larkin
    2 lawyer answers

    4 people all saying they got neck injuries? Since it was a minor impact I'll assume that the neck injuries were minor - "soft tissue" sprains and strains. Why do you say you are underinsured? The minimum that you could possibly have is $30,000 for the 4 claimants to divide up among themselves. If the injuries are minor then you can be pretty sure that their attorney will accept the $30,000 and have his clients release you from all liability. Since you have liability insurance you just...

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  5. Will bk 7 help my mother? when is the best time to file, now or after foreclosure?

    Answered over 1 year ago.

    1. William James Waters
    2. Dorothy G Bunce
    3. Malcolm Wallace Ruthven
    4. Lisa Jane Espada
    5. Michael Avanesian
    6. ···
    9 lawyer answers

    You said "My mother is included in the mortgage loan for primary residence that is now in foreclosure process". Is she the borrower or guarantor? Generally the anti deficiency statutes don't protect a guarantor.

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  6. Can we fight mortgage fraud "MERS" loan through chapter 13 ?

    Answered over 2 years ago.

    1. Frank Wei-Hong Chen
    2. John Addison Vos
    3. Harley Aaron Feinstein
    4. Shannon E Wynn
    4 lawyer answers

    One more point: It is not correct that the standing argument can be brought in state court by filing an Answer to the foreclosure complaint. Unlike many other states, In California, it is highly unusual for a lender to file a complaint for foreclosure. It is done without any judicial action. So you will not be filing an answer.

    3 lawyers agreed with this answer

  7. Surrendering house in bankruptcy

    Answered over 3 years ago.

    1. Harley Aaron Feinstein
    2. Malcolm Wallace Ruthven
    3. Dorothy G Bunce
    4. Theodore Lyons Araujo
    4 lawyer answers

    Generally speaking, you are liable for the deficiency owed on a second after a foreclosure unless the purpose of the loan securing the second was the purchase of your home. Improving does not equal purchasing. But please see link below for a more complete summary of the law on this subject.

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  8. All my debts are under my name, however, the bankrupcy attorney advises that my husband files bankrupcy as well.

    Answered over 5 years ago.

    1. Harley Aaron Feinstein
    2. David Lawrence Gibbs
    3. Jeffrey Daniel Larkin
    3 lawyer answers

    Hold on a minute. In California a spouse is not personally liable for the other spouse's debts. However the community property owned by the couple may be taken by a creditor to satisfy a judgment for a debt of either spouse. In other words, let's assume you default on a credit card, in your name only, with a $10,000 balance. Lets assume you have $15,000 in the bank and its community property. The credit card company can sue you get a judgment and take the $10,000 out of your bank...

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  9. I received my BK7 discharge 5 months ago. One creditor was not included...do i still have time to reopen and add this creditor??

    Answered over 2 years ago.

    1. Frank Wei-Hong Chen
    2. Russell Baird Adams III
    3. Cassie Pfannenstiel Rodriguez
    4. Harley Aaron Feinstein
    4 lawyer answers

    Click on the link below to an article I wrote on the subject of CREDITORS OMITTED FROM BANKRUPTCY. Also check the link to the article I wrote entitled CREDITORS TRYING TO COLLECT AFTER BANKRUPTCY. There is the basis of a letter you may be able to adapt to your purposes. Good luck.

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  10. CA debt collection law, can a creditor sue and garnish my wages for a 3 year old credit card debt

    Answered over 5 years ago.

    1. Harley Aaron Feinstein
    2. Lynnmarie A. Johnson
    3. Vi Katerina Tran
    3 lawyer answers

    Yes you can be sued and the credit card company can get a judgment againt you if they win the lawsuit. But under Federal law the most the credit card company can take from your wages is 25%. The law is set forth in United States Code Title 15 section 1673. If you file for bankruptcy all collection actions must stop immediately.

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    3 people marked this answer as helpful