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Kelly Hope Zinser
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Kelly Zinser’s Answers

25 total

  • Can a husband hire attorney to represent his wife in bankruptcy case if he has a general power of attorney but doesn't mention

    filing bankruptcy? but it mention the right to initiate,defend,commence or settle legal action on her behalf . in this language of P.O.A . can a husband hire attorney to represent his wife in bankruptcy case?

    Kelly’s Answer

    Whether or not the power of attorney is sufficient will depend on the judge assigned to the case. Some judges require that the power of attorney specify bankruptcy, but many will view the authorization to litigate as sufficient. This is really a question of local practice and you should consult with a local attorney to find out what the judges in your area will require.

    Another factor the judge will consider is the reason that the power of attorney is being used. If the wife is incapacitated due to debilitating illness or dementia, for example, then it is usually not a problem for the husband to represent her interests through a power of attorney.

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  • About bankruptcy

    I was involved in an auto accident a week ago and I am probably the one at fault. The other car with which I had accident has serious damage. Even though the other driver has full insurance, I think her company will ask me to pay for whatever they...

    Kelly’s Answer

    I agree that it is a bit too early to be considering bankruptcy since you don’t know yet if you are at fault or what, if anything, you may owe. You also asked whether the bankruptcy would affect you. A bankruptcy will remain on your credit reports for 10 years. It will reduce your ability to obtain credit at favorable rates during that time, although the degree of impact lessens as time passes. Once a debt is discharged you do not need to make payments on it and your wages cannot be garnished to pay the debt. Finally, it doesn’t seem that this is the case from the facts you listed, but a bankruptcy would not be helpful if you were intoxicated during the accident because those debts cannot be discharged.

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  • I have a default judgment against me from Citibank filed in 2008. What are my options now?

    I made the life changing decision to ignore a summons and now have a default judgment recorded against me. I still do not have enough money to pay it off in one lump sum. I have not ever received any indication of a pending garnishment. However,...

    Kelly’s Answer

    Often creditors will settle for 25 to 50 cents on the dollar, even with a default judgment. Another option is to declare bankruptcy (you would need to speak with a bankruptcy attorney to see if that is a good option for you). Also, a bankruptcy attorney needs to look at the judgment to make sure it is dischargeable in a bankruptcy. And if you wait until the lender garnishes your paycheck, then it gets to be even more difficult to file for bankruptcy because the lender can take 25% of your pay in California.

    Finally, the most important part of your question is the part about taking money out of your 401K to pay off this debt. If you take money out, you will owe taxes and penalties on that money. I have many clients who did just that and the taxes and penalties forced them into a bankruptcy. None of them could get out of their taxes in bankruptcy but the tax burden was so high that they could not afford to pay their other bills. And if you take out a loan from the 401K, you will still need to pay that back (which may or may not be equal to a garnishment).

    As you can see, there are a lot of factors at play here and you are smart to be asking questions now rather than later!

    Please note that although this answer may provide information concerning potential legal issues, it is not a substitute for legal advice from qualified counsel. You should consult an attorney for individual advice regarding your own situation. Answering this question does not create any attorney-client relationship between you and Kelly Zinser, Shareholder at Olenicoff & Zinser, PC in Irvine, California. For more information on bankruptcy, please see our website.

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  • Brother declared BK7, wrote off my $50K loan I had given him to buy property. Can I cloud title?

    Part 1: He used my $50K loan to buy property. He's keeping the property & mortgages & servicing the debt, but writing off my $50K. Can I cloud title or get my name on the title? He's already filed & I've already been notified. Deadline to object i...

    Kelly’s Answer

    I would highly recommend that you speak to a bankruptcy attorney. It sounds like your $50,000 loan to your brother is not secured by a deed of trust on his property. So, you will have to file an adversary action to determine whether or not this debt can be discharged in the bankruptcy. Adversary actions can be expensive and it is unclear whether you would win in an adversary action.

    I wonder if there is a way to work this out with your brother in a more cost effective manner. I think it is worth it for you to have a consultation with a bankruptcy attorney to see what your options really are.

    Give yourself some time to get this done. You are smart to be asking this question now. After the deadline, there is really nothing you can do.
    Please note that although this answer may provide information concerning potential legal issues, it is not a substitute for legal advice from qualified counsel. You should consult an attorney for individual advice regarding your own situation. Answering this question does not create any attorney-client relationship between you and Kelly Zinser, Shareholder at Olenicoff & Zinser, PC in Irvine, California. For more information on bankruptcy, please see our website.

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  • Uninsured and hospitalized, qualify for "discount" but not State or Federal Aid, neither Medicare or Federal Poverty Level.

    I was in the hospital for 2 days, they will charge me $7000.00 @$200 per month, I can't afford that, so now their going to charge me the full amount $17070.00! I've written the CFO along with the head of billing and they won't consider anything e...

    Kelly’s Answer

    • Selected as best answer

    I am sorry to hear that the hospital is not working with you. I agree with the previous posters that you should be elgible to file for a Chapter 7 bankruptcy since the waiting period for another Chapter 7 is eight years after your discharge. I am not sure if you have health insurance right now. I usually recommend that you have health insurance before filing for bankruptcy in case you end up in another situation with outrageous medical bills. So, be careful, do not rush into a bankruptcy filing if you do not have health insurance. Hang in there, I am sure there is a solution. You should speak with a knowledgable bankruptcy attorney to see if you need to file now or if it would make sense to wait.

    Please note that although this answer may provide information concerning potential legal issues, it is not a substitute for legal advice from qualified counsel. You should consult an attorney for individual advice regarding your own situation. Answering this question does not create any attorney-client relationship between you and Kelly Zinser, Shareholder at Olenicoff & Zinser, PC in Irvine, California. For more information on bankruptcy, please see our website.

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  • Bankruptcy vs. Foreclosure+Debt Settlement

    I have 2 rental properties in TX that foreclosed in 6/2010. I have $25K in CC debt. My home in Northern CA has foreclosure sale date of 2/20/11. I owe $350K on this home, but it's now worth $250K. I'm applying for a loan modification w/ Wells Farg...

    Kelly’s Answer

    • Selected as best answer

    Believe it or not, your situation is fairly normal. A lot of my advice depends on whether you have any liability for deficiencies on your Texas rental properties. I do not know Texas law but I think a deficiency is a good possiblity. If you do, bankruptcy may be your best option to get rid of the Texas rental property debt and your credit card debt. Also, as long as you own your home, you are much more likely to qualify for a Chapter 7 bankruptcy. You should meet with a good bankruptcy attorney for a strategy session to see what your best option is. When someone does file bankruptcy, I usually recommend filing bankruptcy first, trying for a loan modification after you file for bankruptcy (yes, it can proceed even during bankrutpcy) and then if the loan modification does not work and you cannot afford your mortgage, trying a short sale. A short sale will make it easier than a foreclosure to buy a house in the future. Fannie Mae and Freddie Mac have underwriting guidelines on their websites. These guidelines change often but they have consistently allowed someone to get a new home loan sooner after a short sale than after a foreclosure. The most important thing is for you to make a decision while you still own your home and you should allow enough time to prepare a bankruptcy petition. With a sale date of 2/20/11, you are smart to be thinking of these questions but I would encourage you to meet with an attorney as soon as possible to give yourself the time to pursue your best strategy.

    Please note that although this answer may provide information concerning potential legal issues, it is not a substitute for legal advice from qualified counsel. You should consult an attorney for individual advice regarding your own situation. Answering this question does not create any attorney-client relationship between you and Kelly Zinser, Shareholder at Olenicoff & Zinser, PC in Irvine, California. For more information on bankruptcy, please see our website.

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  • Is it good to use online service for bankruptcy filing in CA?

    Hi, i am in bad situation and looking for bankruptcy filing help. I searched on internet and thinking to use online service from Diy4law bankruptcy service. Is it good to use such online service to file bankruptcy which is important for me. What i...

    Kelly’s Answer

    Be careful with an online service. If you cannot afford an attorney, call the Public Law Center (see the link below). The PLC works with the Orange County Bar Association and has a lot of options for debtors without counsel. Also, the PLC really does a great job with bankruptcy cases. If you earn too much to get help from PLC, you should then contact an attorney. Most bankruptcy attorneys have a sliding scale for fees. If you have a simple case, the attorney's fees may be comparable to the online website. I hope everything works out well for you!

    Please note that although this answer may provide information concerning potential legal issues, it is not a substitute for legal advice from qualified counsel. You should consult an attorney for individual advice regarding your own situation. Answering this question does not create any attorney-client relationship between you and Kelly Zinser, Shareholder at Olenicoff & Zinser, PC in Irvine, California. For more information on bankruptcy, please see our website.

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  • How to protect my mom's portion of her only asset from my dad's gambling debt.

    My parents are retired and they currently have no income and their only asset is their primary residence with a lot of equity. We recently found out my father has accumulated gambling debt at a San Diego Casino. I am concerned that my father can g...

    Kelly’s Answer

    I am wondering how much equity your parents have in their home. In California, your parents can protect $100,000 of equity or $175,000 if one of them is disabled or is over 65. Your parents should file a homestead exemption with the county recorder, if they have not done so already. This will add another layer of protection against any debts. You can find a form for the homestead exemption online or an attorney can assist you with it.

    If your parents home is protected by the $100,000 (or $175,000), your father may consider filing bankruptcy. However, I would not recommend filing bankruptcy until your father has addressed his gambling issues.

    You are smart to be asking these questions. Take good care of your parents.

    Please note that although this answer may provide information concerning potential legal issues, it is not a substitute for legal advice from qualified counsel. You should consult an attorney for individual advice regarding your own situation. Answering this question does not create any attorney-client relationship between you and Kelly Zinser, Shareholder at Olenicoff & Zinser, PC in Irvine, California. For more information on bankruptcy, please see our website.

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  • Lost without my house

    i have a paid off truck for $12,000, i have another car which is worth $6000 and i owe $2,495. I just lost my home so i cant get a homestead exempt... can i save my truck of $12,000?

    Kelly’s Answer

    Assuming you do not have a total amount of assets (including the equity in your cars) and cash worth more than $25,600, you should be able to keep both your truck and car. I am also assuming that you have lived in California for the last two years. The main concern I have when a prospective client comes to me after losing their home is whether or not they will pass the means test. An expereienced bankruptcy attorney can help you determine wheter you are a good candidate for a Chapter 7 bankrupty. For more information on bankruptcy, I have included a link to some helpful bankruptcy videos.

    Please note that although this answer may provide information concerning potential legal issues, it is not a substitute for legal advice from qualified counsel. You should consult an attorney for individual advice regarding your own situation. Answering this question does not create any attorney-client relationship between you and Kelly Zinser, Partner at Olenicoff & Zinser, PC.

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  • Mom gave me a credit card from her account with my name on it. Am I responsible for the debt?

    Mom has under ten thousand on a c/c. The bill comes to her name only. I do have a card with my name on it and only use that to order supplies online for her. I write the check each month for the payment and sign the check as my mom can no longer d...

    Kelly’s Answer

    First of all, I am sorry to hear of your mom's condition. If you are only an authorized user, then you will not be liable for the credit card debt. In this situation, why not be safe and have your mom remove you as an authorized user? That is a cheap and easy solution for you. That way the creditor, or worse a collection agency, cannot harass you for payment. If your mom has any assets of value, then you would have to pay the credit card company out of the estate. It sounds like your mom does not have any assets.

    Take good care of your mom and enjoy your time with her.

    Please note that although this answer may provide information concerning potential legal issues, it is not a substitute for legal advice from qualified counsel. You should consult an attorney for individual advice regarding your own situation. Answering this question does not create any attorney-client relationship between you and Kelly Zinser, Partner at Olenicoff & Zinser, PC.

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