Stuart Gregory Steingraber's Answers

What is the procedure under CA landlord tenant laws to evict roommate that is not on the lease

You can do your owe eviction if you are entitled to possession even if you do not own the property. Visit your local court house to pick up the forms. You have a verbal contract with the room mate and while that is harder to prove, it is still valid. You will have to give her written notice to vacate and you will have to comply with all the court rules.

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Is the money from sale of business income for chapter 7?

Income on the Means Test is averaged for the previous 6 months. If the sale of your business was more than 6 months ago, it is not included in the Means Test. It would be disclosed in the Statement of Financial Affairs as a transferred asset within the past 12 months.

I live in Florida and did a translation job for a company in Atlanta on May 7,09 and still haven't been payed

The company will want to issue a stop payment on their first check. They will be charged something for this by their bank and they are passing that cost on to you since you did not provide them with a current address. You might ask them to wire transfer the money to your bank account, if you have one. Otherwise, you will have to wait a reasonable time for the stop payment process to occur. 6 to 9 weeks to "issue" another check seems excessive. Call your bank and ask how long it takes to...

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NJ LLC Chapter 7 - am I protected?

Creditors of an LLC usually require a personal guaranty of their debt by an individual. If you signed on the account as a personal guarantor and the LLC does not pay the debt, the credit card company can sue both the LLC and you. If you have equity beyond the exemption level in your state, it may be levied by the creditor after they get a judgment against you. If you file for BK, the excess equity may claimed by the bankruptcy trustee, depending on how much it is.

I am in a Chpater 13, but making a lot less money and may be completely out of a job. Can I roll to a Chapert 7?

You may convert your Chapter 13 to a 7 by filing the appropriate motion with the court. The clerk has the necessary papers to do this. The court will set a date for a meeting of creditors which you must attend. You will have to rethink the reasons why you filed a 13 instead of a 7 in the first place. If your income is high, you may not pass the "means test". The discharge usually comes between 90-120 days after your meeting of creditors.

I am currently in a chapter 13 with my husband. I want to roll my into a chapter 7. I live in Oregon, Jackson County.

You can convert your present Chapter 13 to a Chapter 7 by filing an appropriate motion. The court usually has the forms to do this. Unless you have filed a Chapter 7 within the past 8 years, there are no barriers. Your income appears to be such that you will pass the "means test". If you file a divorce and do not keep making the payments to the Trustee, your case will be dismissed. The property settlement in your divorce is only valid between you and your spouse. It is not binding on your...

Can I claim chapter 13 in OR. if I owe $6,500 to collectors? Can I use a paralegal who specializes in bankruptcy as I did in CA?

You can file a Chapter 13 within 8 years of your previous Chapter 7 provided your new Chapter 13 provides 100% payment to your creditors. Due to your current financial circumstances, I would not waste money filing a Chapter 13 because it appears your creditors cannot obtain satisfaction of any judgments they might recover against you. Oregon, like other states, has exemptions preventing a creditor from taking certain of your property.

When I filed my chapter 13 I was 17 days from a trustee sale. When the stay is lifted will I still receive those 17 days?

The foreclosing lender may resume the sale but may be required to re-publish notice of the sale since your 13 probably took up more than 17 days. The filing of the 13 created an "automatic stay" pursuant to 11 USC §362. This stay prevents the lender from proceeding until (1) they get relief of stay by filing a motion; or (2) dismissal of the case. If your case is dismissed, you will get notice from the court saying so. You can refile your 13 as long as it was not dismissed with a 180 day...

Wait 180 days to file chapter 7 after chapter 13 is dismissed?

If your 13 was dismissed with a bar to refiling, you will have to wait the 180 days, unless you bring a motion before the court seeking court approval to file before the expiration of 180 days.