Kelly Hope Zinser’s Answers

Kelly Hope Zinser

Irvine Business Attorney.

Contributor Level 14
  1. Brother declared BK7, wrote off my $50K loan I had given him to buy property. Can I cloud title?

    Answered over 3 years ago.

    1. Robert Kevin Lee
    2. Kelly Hope Zinser
    3. Eric Charles Lewis
    3 lawyer answers

    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...

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

    Answered almost 4 years ago.

    1. Kelly Hope Zinser
    2. Dorothy G Bunce
    2 lawyer answers

    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 (...

  3. Lost without my house

    Answered about 4 years ago.

    1. Malcolm Wallace Ruthven
    2. Kelly Hope Zinser
    3. Harley Aaron Feinstein
    3 lawyer answers

    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...

  4. Default judgement against me and new lawsuit filed by same company against me.

    Answered over 4 years ago.

    1. Kendall David Coffman
    2. Cameron Hall Totten
    3. Robert Harlan Stempler
    4. Kelly Hope Zinser
    4 lawyer answers

    The first thing you should do is to meet with a bankruptcy attorney to see if you are eligible to file a Chapter 7 or Chapter 13 bankruptcy. That attorney can also look at the complaints for each lawsuit to let you know whether or not they can be discharged in bankruptcy. Most collection lawsuits can be discharged. You also need to take action soon before any of the collection activity begins on the default judgment. The last thing you need is a wage garnishment or a levy on your bank...

  5. My husband aquired 2 credit cards in his name only without my knowledge.Will filing bankruptcy affect my credit?

    Answered over 4 years ago.

    1. Robert Harlan Stempler
    2. Kelly Hope Zinser
    3. Theodore Lyons Araujo
    3 lawyer answers

    I often file bankruptcy cases for one spouse rather than both spouses. This is usually done because all or most of the debt is in one spouse's name. That way the other spouse can keep their credit clean. I think it is a great solution if you can do it. The one thing I will warn you about is that it can be a trickier bankruptcy petition to prepare. Because California is a community property state, you have to list all the assets not just the assets of the filing spouse. Also, you have to...

  6. Bankruptcy Means Test and household members.

    Answered over 4 years ago.

    1. Christopher Charles Barsness
    2. Clifford Sculley Bordeaux
    3. Stanley Duane Lockhart
    4. Kelly Hope Zinser
    4 lawyer answers

    I practice bankruptcy law in the Central District and I have had the U.S. Trustees office specifically look at whether the dependents were on the tax return. The safest way to deal with this issue is to claim your dependents on your tax return. However, there is no need to despair as there are many ways to pass the means test. You just need to find an attorney who has the experience and the patience to go through the means test. There is usually a way to pass the means test if you work with...

  7. My business slow down in 2009 and i stopped c/cards payments about 5 months from now.Total debt 158.000.What is the best option?

    Answered over 4 years ago.

    1. Kelly Hope Zinser
    2. Robert Harlan Stempler
    2 lawyer answers

    I am not sure who you are worried about going after your assets in your LLC but here are two scenarios. If you are worried about creditors going after your assets in your LLC, that would be difficult. Creditors can easily garnish your wages (if you have any), file a judgement lien which could attach to your home or other real estate and place a lien on your bank accounts. If you are worried about the bankruptcy trustee going after assets in your LLC, the answer depends on what exemptions are...

  8. Can an illegal immigrant file for bankruptcy?

    Answered over 4 years ago.

    1. Brian David Lerner
    2. Arash Shirdel
    3. Kelly Hope Zinser
    4. David Leibowitz
    4 lawyer answers

    Your aunt and uncle should absolutely not file for bankruptcy until they are here legally. This is a very serious matter and it really could put them in more trouble than they are already in now. From what I have seen at the Creditors Meetings, the U.S. Trustees Office in Santa Ana, CA takes an illegal immigrant filing very seriously and questions the illegal immigrant about how he or she obtained their debt. Oftentimes, there is some element of fraud in the credit applications - whether it...

  9. Probate Court and Living Trust

    Answered almost 6 years ago.

    1. Kelly Hope Zinser
    1 lawyer answer

    I agree that something is not right. I would contact a lawyer knowledgable about probate in the county of the Probate Court. You are right, if there was a living trust and the property was transferred into the trust - it should not be going through probate (at least under California law). The good thing about the Probate Court is that everything will be public. That is very good for you. Good luck!

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  10. Can collection depend I pay for a medical that was already paid but applied to a wrong account and will not let me despite it

    Answered over 5 years ago.

    1. Kelly Hope Zinser
    1 lawyer answer

    You need to speak with your medical provider and they will be able to stop the collection agencies harassment. Then you need to check your credit report to make sure this is not showing up on your report. If it is, you need to get your credit reports corrected. For free credit reports, see the link below. Good luck - this is actually an easy thing to fix once you speak with the right people. Please note that although this answer may provide information concerning potential legal issues,...

    1 person marked this answer as helpful

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