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Sanjay Sobti’s Answers

28 total

  • I filed a Chapter 7 bankruptcy 3 years ago that was dismissed without discharge a few months after filing.

    I never received the benefits of this bankruptcy and never reinstated it because my situation improved and I did not need it as I worked out my situation with all creditors involved. Based on the fact that I never got the full impact of its bene...

    Sanjay’s Answer

    The reporting is likely correct as it is specifically stating that you "filed" bankruptcy which you admittedly did. For most filers, once their case is discharged, a separate reporting will be listed under the public records section to show "discharged" along with the date. There are some credit repair companies out there that claim they can remove these types of derogatory ratings. My advice, be VERY careful and read up on this before you do it. It may not be legal, and worse, you may end up paying and getting nothing in return.

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  • If I filed Chapter 13 bankruptcy in CO, can I convert to a Ch 7 in CA?

    My wife and I filed Chapter 13 bankruptcy in Denver, CO because we did not qualify for a Chapter 7. Since that time, we relocated to California and have since separated. I now pay her an agreed upon amount every 2 weeks and because of this, neithe...

    Sanjay’s Answer

    Conversions are tough enough. Mixing in two different courts in separate states can end up with different results than you intend. Absolutely consult a local BK attorney but likely you will voluntarily dismiss your Chapter 13 case (very likely without the 180 bar preventing you from filing right away) and then refile your Chapter 7 case in CA once you are her the minimum 91 days. Don't do ANYTHING until you ensure you even qualify for the Chapter 7 or you will end up with no protections altogether. Best of luck to you!!!

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  • First, how much does it cost for a fairly simple Chapter 7 BK in Palm Springs, CA, or to have 1 CC default judgm negotiated.

    I don't want to file BK just because of one default judgment, which never should have been awarded. I do have excessive credit card debt, no assets, but none of the other companies have made any attempt to collect in over a year. I'm wondering i...

    Sanjay’s Answer

    • Selected as best answer

    You should get a free consultation to ensure that bankruptcy is your best and/or only option. A lot depends on the plaintiff and the amount of the judgment. If BK7 is your best bet, you are looking at about $1500 for a decent attorney on a simple case. Also note that you will have to pay at $306 filing fee along with 2 counseling courses that run about $60 total. Ensure you know about these fees in addition to what the attorney charges you.

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  • How long after discharge can I get everything cleared of my credit report? I am planning to buy a car after discharge

    I recently filed for chapter 7 and have a 341 meeting in two weeks. just wondering if my credit will show the car I am planning to surrender and the debts I had

    Sanjay’s Answer

    There are car dealerships that can finance a car for you DURING your bankruptcy (as long as you have attended your 341 hearing). You won't get the best rate in town but you will get financed. Regarding your credit report, bankruptcy filing is listed under the "public records" section of your bureau and will stay there (as will any other public records) for 10 years.

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  • Can an out of state lawyer (Florida and Ohio) represent me in Bankruptcy Court in California ?

    I am considering Ch 13, and have a wonderful Attorney who has been very pro active in assisisting me, but she is not licensed in CA. does this matter?

    Sanjay’s Answer

    First you should ensure a Chapter 13 is the best chapter for your situation. Central District Chapter 13 trustees are tough and having someone from out of the district is bad enough. Jumping through the hoops to try to get an out of state attorney to represent you is not recommended. They won't know our specific rules nor are they likely to attend your 341 and confirmation hearings which means you will be represented by an appearance attorney.
    Have you asked the FL attorney if she is willing to represent you? This question would be best posed to her to answer and then I would still advise to seek a free consultation from a Chap 13 attorney in your area.

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  • Filed Chapter 7 Bankruptcy in California and was still sued by a discharged creditor in CA State Court!

    I filed Chapter 7 Bankruptcy & listed my HOA (home owner's assocation) as a creditor in BK. My BK was discharged. Months later, my HOA filed a State Court action against me for the same debt that was discharged in BK. Is this legal? Can they ta...

    Sanjay’s Answer

    It sounds as if you remain in the home which means only the personally liability of the HOA debt was removed for the amount accrued up to the day you filed your petition. You are personally liable for all post-petition dues. That being said, HOA's are a tough bugger nowadays and we are dealing with HOA's more than ever before. Likely, they filed a lien against your property long before you filed bankruptcy which means they can foreclose on your home even if you are current on your mortgage. You need to hire an experienced attorney in order to negotiate an agreeable outcome to the HOA dues that you owe. Especially if you are still residing in the residence.

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  • Can my case be dropped or will i serve some time

    this girl has been harassing me for 4 months now. she would called me late at night and hang up or she would just press numbers keys when i pick up. After 4 months has gone by i just had enough of her harassing me with prank calls so i texted her ...

    Sanjay’s Answer

    You said it yourself, you were the one being harassed. Unfortunately for you, this person has proof of your threat via your text message. Your case is likely winnable, but you need an experienced criminal defense attorney to represent you and get these charges dropped. Ensure you get some advice from an attorney before speaking with the police further.

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  • Can a credit card company come after me for none payment I am 80 years and have no assets

    I retained the services of a debt relief company who were able to resolve 5 of the 6 credit card account for a lesser amount and I was able to pay them off. The remaining account, Capital One, after 36 months has remaind unresolved. The debt re...

    Sanjay’s Answer

    Many times a law firm, especially a bankruptcy law firm, can get better results for you in regard to debt settlement than a debt settlement company. Especially considering your statement that you cannot get legal advice from them. We retain a significant number of clients who have attempted debt settlement though a company similar to one you described and end up paying several thousands of dollars in fees only to end up in a worse situation than when they started.

    Being that you are able to afford such a high monthly payment means you are unlikely to qualify for a Chapter 7 bankruptcy but I cannot be sure of this until the income and expense numbers are ran. This is likely why you chose debt settlement in the first place.

    As stated previously, I would immediately contact the d/s company in order to stop the automatic payment (and monthly fees they are likely charging you) since the settlement with your final creditor is going no where. It could be you have a small amount leftover in your account that will be refunded to you but I oftentimes see that this is rarely the case as the fees some d/s companies charge are enormous and are based on your total amount of debt owed, not the actual amount you are settling for.

    Either way, it is time to get the legal advice you deserve and see if your situation can be remedied in a timely and much less costly manner than your current monthly payment. Lastly, ensure you consult your tax adviser about the potential tax implications from all the debt that is already forgiven. There is not much time left in the year to make certain arrangements in your finances that will help lower your tax liability.

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  • I was a pedestrian hit by my wife's car. The act was intentional. How do I make a claim against my car insurance?

    Soon to be Ex-Wife is facing 4 felonies. Car insurance rejected claims to repair her vehicle and are also rejecting claims for my injuries? Is there any means to seek restitution? The state will cover medical expenses but will not offer and com...

    Sanjay’s Answer

    Your second sentence answered your question. As previously stated by my colleagues, insurance coverage excludes intentional acts.

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  • Will I be able to continue operating my sole proprietorship business after filing personal Chapter 7 Bankruptcy?

    I am the only employee of my business and it is run out of my home.

    Sanjay’s Answer

    Most likely, yes, but why not let your bankruptcy attorney help you answer this question based on a review of all of your assets, accounts receivables, etc.

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