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Adam M Greely

Adam Greely’s Answers

3 total

  • When collecting a judgment, how do I find out if the defendant has filed bankruptcy?

    I'm not sure how to collect the judgment and I know there are certain restrictions. Can I request a lien on his property even though he might have filed bankruptcy? What are other ways of collecting the money? And what stands as his greatest pr...

    Adam’s Answer

    • Selected as best answer

    An automatic stay arises immediately upon the filing of a bankruptcy which prevents any further collection activity. You should however, use PACER or call an attorney familiar with bankruptcy to determine if a bankruptcy has been filed and what the status of that case may be. Depending upon the type of case filed, Chapter 7, 11 or 13, and the debtor's assets and other liabilities, you may need to file a proof of claim in the case and may be paid some or all of your judgment through the bankruptcy. Although bankruptcy typically results in the debtor obtaining a discharge of his debts without any payment to creditors, that is not always the case. Consult an attorney.

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  • My ex- boyfriend and I broke up 9 years ago. He quit claimed the title to me in 3/2010.

    There was no equity in the house at that time. I never filed the quit claim with the county and he is still on the loan documents even though I have made all the payment the past 9 years. The house now has over 100K in equity and my ex is telling...

    Adam’s Answer

    You should immediately record the quitclaim deed to perfect the transfer as against third parties. Although the transfer was effective as between your ex-boyfriend and you when the deed was delivered, the trustee in bankruptcy has the power to avoid (undo) transfers that were not perfected until 90 days prior to the bankruptcy filing and to recover the equity in the property for the benefit of creditors of your ex-boyfriend's bankruptcy estate. Try to persuade your ex to wait 90 days after you file record the quitclaim to file the bankruptcy. You should take immediate action and consult knowledgeable counsel.

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  • Can slander be removed from bankruptcy

    I'm in a lawsuit and ask to settle a case for $110,000 in slander charges. If i file for bankruptcy can I remove that slander charge ?

    Adam’s Answer

    The law in the Ninth Circuit, which includes California, is that a claim for slander may be held nondischargeable pursuant to 11 U.S.C. § 523(a)(6). The court must make findings of fact supporting the elements that the injury is both "willful" and "malicious". I would caution you to be careful in how you settle the existing lawsuit. If you stipulate to a judgment which also sets forth the elements of slander and its factual support, you may not have much of a defense in bankruptcy court to a nondischargeability action. If you simply agree to pay an amount without admitting such facts, you will preserve your rights to contest the adversary complaint which the creditor must file and prove up anew in bankruptcy court.

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