Norma Nodal Duenas’s Answers

Norma Nodal Duenas

Temecula Chapter 7 Bankruptcy Attorney.

Contributor Level 12
  1. My husband and I are in the process of filing for bankruptcy. He has been a resident for three years now .

    Answered 5 months ago.

    1. Norma Nodal Duenas
    2. David Lloyd Merrill
    3. Susan J Dodds
    4. Dorothy G Bunce
    5. James Charles Shields
    6. ···
    8 lawyer answers

    Filing for bankruptcy protection should not affect the ability of the person to become a citizen. The requirement to obtain citizenship is that you also have good moral character. Filing a bankruptcy case does not disqualify you from being able to obtain citizenship on the basis of having bad moral character. The bankruptcy should not affect his ability to obtain his citizenship. Below I have placed a link that details more information on whether bankruptcy affects your immigration status.

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  2. Can creditor collect on judgemet?

    Answered 5 months ago.

    1. Norma Nodal Duenas
    2. Richard Glenn Elie
    3. Brett D Weiss
    4. Lisa Torelli McCue
    5. George Anthony Munoz
    6. ···
    6 lawyer answers

    If the new debt collection agency was assigned the rights to that debt or where given authorization to act on behalf of the other collection company then they can seek collection of the debt. The fact that a debt has fallen off your credit report does not mean that your personal liability for the debt is gone. Even if a debt is off your credit report, a collection company can still pursue the debt if you owe it. 1. The new collection company can use the judgment to try to garnish your wages. 2....

    13 lawyers agreed with this answer

  3. Would a trustee liquidate my assets in this case?

    Answered 5 months ago.

    1. Norma Nodal Duenas
    2. Paula Brown Sinclair
    3. Michael Raymond Daymude
    4. James Charles Shields
    5. William James Waters
    6. ···
    6 lawyer answers

    What exemptions amount applies to you will depend on a number of factors that are listed in California Civil Procedure Section 704. You may be entitled to a higher exemption based on whether you care for or maintain someone that it lists in the section. Keep in mind also that generally the cost of sale is factored out of the equity which generally ranges from 7% to 10% of the value of the property. If you are concerned with keeping your home in a bankruptcy the best option is to consult...

    10 lawyers agreed with this answer

  4. What happens to the default judgment and the defendant files for bankruptcy?

    Answered almost 2 years ago.

    1. Norma Nodal Duenas
    2. Brian Crozier Whitaker
    3. Frank Wei-Hong Chen
    4. Brad Francis Weil
    4 lawyer answers

    When there is a default judgment against the defendant and he files for bankruptcy, the ability to collect the debt is stayed pending the outcome of the bankruptcy case. When a bankruptcy case is filed the automatic stay protects the defendant against further efforts from the creditor to collect on the judgment. If the debt is discharged as part of the bankruptcy then the creditor cannot collect on the debt, regardless of him having a default judgment.

    9 lawyers agreed with this answer

  5. Who was successful at discharging student loans in bankruptcy?

    Answered 5 months ago.

    1. Stuart Gregory Steingraber
    2. Norma Nodal Duenas
    3. Michael Frank Chekian
    4. Alan Shepard
    5. Jay S. Fleischman
    6. ···
    6 lawyer answers

    Discharging your credit card debt is a simpler matter than discharging your student loans. The best way to determine if you can discharge your credit card debt is to have an attorney review your financial information to determine if you are a candidate to file for Chapter 7 bankruptcy. Most attorneys offer a free consultation to determine this. As for your student loans you must establish undue hardship in order to have your student loans discharged. This requires that an adversary...

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  6. What happens if none of my creditors file a proof of claim?

    Answered almost 2 years ago.

    1. Norma Nodal Duenas
    2. Derek R. Caldwell
    3. Michael Avanesian
    4. Dorothy G Bunce
    5. Gary D. Bollinger
    5 lawyer answers

    Your creditors are required to file a proof of claim within 90 days of your first date set for your 341 hearing and for government claims within 180 days. If they fail to file a claim within the claim within the required time frame then the claim can be disallowed. If in fact none of your creditors filed a claim and there are no creditors to distribute the funds to then you should be able to get your case discharged early. If the time for them filing a claim has passed then you need to talk...

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  7. My father is being sued by Nelson & Kennard for an old Capital One cc debt.

    Answered 5 months ago.

    1. Norma Nodal Duenas
    2. Tigran Grigoryan
    3. Albert R. Limberg
    4. Richard Scott Lysle
    5. Mark Hankins
    6. ···
    6 lawyer answers

    If they have no assets and their only source of income is social security then they could judgment proof. Assuming that the creditor obtain a default judgment, that creditor would have little recourse to collect on the judgment. The debt collector would have a judgment but no real ability to collect on the judgment using the normal processes such as wage garnishment, bank levy or judicial lien (assuming he has no home). You can write the creditor a letter informing them that the debtor is...

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  8. I have filed chapter 13 - I'm near the end, and my unemployement is running out. I qualify to start taking my pension. Can I?

    Answered almost 2 years ago.

    1. Norma Nodal Duenas
    2. Derek R. Caldwell
    3. Brian Crozier Whitaker
    4. John A. Steinberger
    4 lawyer answers

    Retirement accounts are generally exempt in your bankruptcy case and are therefore not part of the bankruptcy estate when you file for Chapter 13 bankruptcy. Assuming that both of these retirement accounts are exempt then withdrawing money should not pose a problem. Before you do this I would advice you to talk to your bankruptcy attorney to determine if this is the right option or whether you would be able to modify your Chapter 13 plan to lower your plan payment to something more...

    7 lawyers agreed with this answer

  9. Chapter 7 bankruptcy. I obtained an order to Avoid a Judgment Lien which was recorded against my home. What do I do with it now

    Answered almost 2 years ago.

    1. Brian Crozier Whitaker
    2. Dorothy G Bunce
    3. William James Waters
    4. Norma Nodal Duenas
    5. Brad Francis Weil
    6. ···
    6 lawyer answers

    I would also suggest that you obtain a certified copy of the order from the bankruptcy court. The county recorder will usually not record the order unless you have a certified copy of the order.

    5 lawyers agreed with this answer

  10. Can I remove a third lien on my home

    Answered almost 2 years ago.

    1. Norma Nodal Duenas
    2. Michael Raymond Daymude
    3. Paula Brown Sinclair
    3 lawyer answers

    The answer of what you need to do really depends on what type of liens these are. If the liens are judgment liens they may have been avoidable in your Chapter 7 bankruptcy case. IF they qualify then you may be able to reopen your Chapter 7 bankruptcy case and file a motion to avoid the judgment liens to get the liens off your property. IF these are voluntary lien that you placed on your home then in order to remove them you may have to look at doing a Chapter 13 bankruptcy. Whether these...

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