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Jason Lawrence Jones

Jason Jones’s Answers

4 total

  • Converting to chapter 7

    I was told that I can convert from chapter 13 to chapter 7. Will I still be able to keep my home and how much does it cost to convert to a chapter 7

    Jason’s Answer

    Typically, a chapter 7 does nothing to hinder or help you save your home, but rather it extinguishes any personal liabillity that you have on the debts.

    The chapter 7 case will discharge your legal obligation to pay the lender, but the lender's security interest in the property will not be discharged. This means that if you fail to pay the loan, the lender will be able to foreclose on the property or otherwise enforce the lien. The lender will not, however, be able to harass you to make payments or demand that you pay the balance due. Thus, your ability to keep the property in a chapter 7 depends on whether you continue to make payments on it.

    The cost of attorney's fees for a conversion of a chapter 13 to a chapter 7 depends on the attorney. Your Attorney Client Fee Agreement may specifically state how much the attorney's fees are, or you can ask your attorney.

    There is also a court filing fee for filing the conversion. You should contact the Court where your case was filed to determine its current fee.

    By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction, who is familiar with your specific facts and all of the circumstances and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question.

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  • How do I collect excess funds that were garnished by the Los Angeles Sheriff department?

    I was contacted by my previous employer that the Sheriff department was attempting to return monies to me that were garnished in excess. This was on June 28th. She provided them with my current address and phone number, but I haven't received an...

    Jason’s Answer

    It sounds like you should attempt to contact the LA County Sheriff's Department directly and speak with someone who handles civil (I assume) garnishments. You should have the court case number, case name, and sheriff's file number in front of you when you call them so that they will be able to pull up your case. In my experience dealing with the sheriff's office, they are extremely helpful and forthcoming when it comes to garnishments. They can probably let you know the status of the refund.

    The contact information for the sheriff's department can be found on its website.

    By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction, who is familiar with your specific facts and all of the circumstances and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question.

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  • Chapter 7 bankruptcy: what schedule does a judgment go in?

    I have a few judgments and I dont know where to put or how to let the court know they are judgments.

    Jason’s Answer

    It depends upon what steps have been taken to enforce the judgment. A judgment, on its own, would most likely be listed on Schedule F as an unsecured debt. You should also list the lawsuit in the Statement of Financial Affairs section 4 if the suit was pending within the year prior to filing the bankruptcy. If the judgment creditor has done things such as file or record a lien or levy on your property, you may want to list it on Schedule D as a secured debt.

    By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction, who is familiar with your specific facts and all of the circumstances and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question.

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  • HOA Fees owed following Bankruptcy?

    I filed bankruptcy in Nov of 2009 to clear my debts, I owned a condo which I listed on the bankruptcy Ch7. The HOA is now coming after me for the fees up until the foreclosure sale following the bankruptcy. The condo has been sold and now I have c...

    Jason’s Answer

    Unfortunately, the chapter 7 bankruptcy only discharges the HOA dues that became due and payable prior to the date you filed your case. According to 11 U.S.C. 524(a)(16), you are liable for any fee or assessment that becomes due from the time your case was filed up to the time legal title has been transferred out of your name (which could be months after the foreclosure sale, depending on when the Trustee's Deed is recorded with the county recoder's office).

    While you are liabile for the assessments incurred from the date of filing to title transfer, you may not be liabile for some of the other charges, such as bankruptcy fees and costs. You may wish to speak with an attorney who specializes in HOA law regarding those issues.

    This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies. By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding.

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