Douglas Gist Farquhar’s Answers

Douglas Gist Farquhar

San Diego Chapter 7 Bankruptcy Attorney.

Contributor Level 11
  1. 7 YEARS SINCE BANKRUPTCY DISCHARGE WITH NO ADVERSARY COMPLAINTS. WE ARE NOW RECEIVING HARASSING CALLS, DEMANDING MONEY!

    Answered almost 2 years ago.

    1. Dorothy G Bunce
    2. Ronald Jay Drescher
    3. Michael Charles Doland
    4. Douglas Gist Farquhar
    5. Matthew Erik Johnson
    5 lawyer answers

    From what you have writen here it appears that this Fifth wheel vehicle was listed in your bankruptcy and the debt associated with it was discharged and no reaffirmation was signed yet the creditor is still trying to collect on the debt. To make matters worse this creditor is threatening you with jail if you don't pay. This appears to be a violation of the Fair Debt Collection Practices Act. A collector cannot threaten to take any action (like imprisonment) that cannot be legally taken...

    11 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. Can I sell my house while in chapter 7?

    Answered almost 2 years ago.

    1. Kathryn Ursula Tokarska
    2. Douglas Gist Farquhar
    3. Joseph Mark Wager Jr.
    4. Ted A Troutman
    4 lawyer answers

    Agreed. Wait until the case closes and if you get the Trustee everything he or she needs at the continuance then the case should close on time which is 90days after filing. Most realtors will explain to the buyers that there is an ongoing chapter 7 but that it will close within 90 days. Then you can close the sale of your home. It is easier to wait than to get permission from anyone involved in the case.

    10 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. My ch. 7 bankruptcy case in California has been dismissed as of today. I am freaking out. How can I reinstate it?

    Answered about 2 years ago.

    1. Douglas Gist Farquhar
    2. Walter C Oney Jr
    3. Dorothy G Bunce
    4. Michael Salanick
    5. Frank Wei-Hong Chen
    5 lawyer answers

    I agree that you need an attiorney now. Bankruptcy is complicated and comes with lots of rules. If you break one then they can dismiss the case. Hire an attorney right away to advise you on the next best course of action if the case has indeed been dismissed.

    9 lawyers agreed with this answer

  4. Can chapter 7 or chapter 13 be cleared out after 7 years?

    Answered almost 2 years ago.

    1. Nikhil J Chawla
    2. Alan D. Walton
    3. Douglas Gist Farquhar
    4. Michael Frank Chekian
    5. James Portman Webster
    6. ···
    6 lawyer answers

    I see there is a disagreement here. I believe that it is 10 years before the bankruptcy completely drops off the credit report but it is also true that you can re-build your credit score within a much shorter period with the right moves. I believe significant improvements can be made to your score within 2 years after you file if you take out new credit cards, use them (make charges each month), keep balances low (below 50%), and pay on time each month. You can even pay the full balance...

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. I want to close our LLC but she doesn't want to. What should I do?

    Answered almost 2 years ago.

    1. Douglas Gist Farquhar
    2. Adam Durrel Woolsey
    3. David R Mahdavi
    3 lawyer answers

    Do you have any info. related to the debts of the company? You probably are personally liable for those debts. Most vendors and landlords require a personal guarantee. A bankrupcy would get you personally off the hook for those debts. The creditors, including the landlord, would then have to look to your partner or the assets of the LLC itself for payment. But this would not be bad for you if you want to close the LLC anyway. If you have the creditor info. then they can all be listed...

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  6. If I declare bankruptcy for my medical debt and then later that year or next year I get another health issue would that be cover

    Answered almost 2 years ago.

    1. Douglas Gist Farquhar
    2. Kathryn Ursula Tokarska
    3. Michael John Primus
    4. Mitchell Paul Goldstein
    4 lawyer answers

    Generally no as bankruptcy would cover your debts that ocurred pre-petition or before you filed. Post-petition debts would not therefore be covered and it would be 8 years before you could file again. If you think you might incur a medical debt such as an operation then it is better to wait to file until after that occurs but if you have no pressing health issues now and you have significant medical debt then it might be better to file soon. Contact an attorney to discuss your options.

    6 lawyers agreed with this answer

  7. 2nd mortgage in chapter 7

    Answered almost 2 years ago.

    1. Dorothy G Bunce
    2. Douglas Gist Farquhar
    3. Frank Wei-Hong Chen
    4. James Portman Webster
    4 lawyer answers

    I agree that you list the second mortgage in your chapter 7 bankruptcy. They could still be looking to collect from you but if the debt is listed it will be discharged and they cannot come after you. What you don't know now is whether the second mortgage holder was a "sold out junior" lien holder. If they were and the took nothing in the foreclosure then they could come after you for payment of the second. If they were paid something in the foreclosure then you are probably safe unless...

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  8. Removing bankruptcy comment from credit report

    Answered almost 2 years ago.

    1. Douglas Gist Farquhar
    2. Dorothy G Bunce
    3. Kathryn Ursula Tokarska
    3 lawyer answers

    I agree that you should have him dispute the comment but since it is true and verifiable I suspect they will not remove it. It is also probably true that his credit will not be affected by your bankruptcy. The comment is there to show that co-debtor (you) are bankrupt and your son is therefore solely responsible for the debt.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. Do I file the Spousal Waiver at the same time I file the bankruptcy or after?

    Answered about 2 years ago.

    1. Douglas Gist Farquhar
    2. Kathryn Ursula Tokarska
    3. Denise K Aguilar
    3 lawyer answers

    It is a good idea to file it with the court right after you file the case. You don't want the to be forced into using the homestead exemption if you want the wildcard exemption (which is what will happen if you fail to file the spousal waiver). I have brought the waiver to the hearing in the past and filed it after the hearing but I don't recommend it. Best just to file it after you file the case so the Trustee sees it in the docket when he reviews prior to the 341 hearing. Good luck with...

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  10. Chapter 7. Will Ca's 703.140(b)(10(D) protect the 15k my ex owes in back child support or do I have to use the wildcard for that

    Answered almost 2 years ago.

    1. Kristin Rose Lamar
    2. Douglas Gist Farquhar
    3. Bradford Darrin Calvin
    3 lawyer answers

    I agree that the safest way is to use the wildcard exemption because it can be used on any type of property and is totally safe. The term "reasonably necessary" can always open you up to a dispute with the trustee. If you have enough wild card then use that first. You should speak to an attorney on this.

    4 lawyers agreed with this answer