William James Waters’s Answers

William James Waters

Simi Valley Bankruptcy Attorney.

Contributor Level 14
  1. Bankruptcy discharge without mailing a notice.

    Answered almost 2 years ago.

    1. William James Waters
    2. David Patrick Farrell
    3. Kathryn Ursula Tokarska
    4. Michael John Primus
    5. David Lloyd Merrill
    6. ···
    7 lawyer answers

    More than likely your judgment has been discharged. Since your stated facts indicate this was a "no-asset" case, your debt can be discharged so long as it existed at the time of the filing of the bankruptcy petition, whether the debt is even listed or not. However, if the basis for your judgment was an action against the debtor that included an allegation of and finding by the Court of fraud, or if the judgment relates to intentional injury to person or property, or any number of other...

    17 lawyers agreed with this answer

  2. Where can I find an attorney to take a great personal injury case? This involves Chapter 7 bankruptcy and foreclosure.

    Answered over 1 year ago.

    1. Brian Crozier Whitaker
    2. Michael Raymond Daymude
    3. William James Waters
    4. Dorothy G Bunce
    5. Helene Thaissa W. Bergman
    5 lawyer answers

    In order to have any chance of success on your personal injury claim, I would think you first would have to win your case arguing the in-validity of the foreclosure. For that I would recommend you try to find an attorney that specializes in wrongful foreclosures, not personal injury. If you search online, there are many attorneys out there (and probably some that will respond here) that specialize in handling foreclosure cases and claims regarding unlawful foreclosures. That is where I would...

    15 lawyers agreed with this answer

  3. Do I need to file for chapter 7 again?

    Answered almost 2 years ago.

    1. William James Waters
    2. Michael Salanick
    3. David Patrick Farrell
    4. Jonathan David Leventhal
    5. Michael John Primus
    6. ···
    6 lawyer answers

    No, you do not need to refile. You just need to file a motion to reopen the case for purpose of filing the Form 23. If you check the Court website, under "local rules forms", there is a simple form you can fill out, print, and file with the Court that will accomplish what you want without a hearing. Once the case is reopened, file the Form 23 with the Court clerk. You will then be issued your discharge IF you have met all the other requirements.

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  4. Can child support start wage garnishment while in Chapter 7?

    Answered over 1 year ago.

    1. William James Waters
    2. Vincent A. Gorski
    3. Mikalah Liviakis
    4. Alex R. Hess
    4 lawyer answers

    Yes, child support is exempt from the application of the automatic stay and is not dischargeable. However, you still may be able to reduce the amount they are able to garnish. Check the exemption instructions that you should have been given when you received your copy of the garnishment order.

    13 lawyers agreed with this answer

  5. Bankruptcy filing... owe a payday lender 3000, took the money from my account . can i get it back with Chapt 7

    Answered over 1 year ago.

    1. Brian Crozier Whitaker
    2. William James Waters
    3. Dorothy G Bunce
    4. Michael Avanesian
    5. Joseph Wrobel
    5 lawyer answers

    A lot depends on the circumstances of the creditor taking the money from your account. Did they obtain a judgment against you for that amount and are now simply enforcing the judgment? Or did your loan agreement give them the right to withdraw the funds in a non-payment situation? The circumstances could give you an idea of how the creditor might proceed regarding any opposition to your attempt to recover the money. However, regardless, you should discuss this matter with your bankruptcy...

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  6. Soon to marry, do I need to file chapter 7,13 b-fore marriage,so that it doesnt effect her credit? If I file is she obligated to

    Answered over 1 year ago.

    1. Brian Crozier Whitaker
    2. Tiffany Nicole Romine
    3. William James Waters
    4. Robert Harlan Stempler
    5. Dorothy G Bunce
    6. ···
    6 lawyer answers

    If you are married, and file a Ch7 or a Ch13, even if you are filing individually (without your wife), you would still have to list (and try to exempt) all of her assets and also show all of her average monthly income. Those two factors could cause you problems in trying to qualify for the bankruptcy and in protecting all of your assets. If you file before marriage, then only your assets, income and debts are involved. None of her information would be included at all. Of course if your soon-...

    12 lawyers agreed with this answer

  7. What happens to Life Insurance cash value in Ca. Chap. 7 BK ? 3 policy values 12,575, 14,440, 39.462. Is some of it exempt ?

    Answered over 1 year ago.

    1. William James Waters
    2. Michael Raymond Daymude
    3. Steven Anderson Leahy
    4. James Bernard Loo
    4 lawyer answers

    The amount of cash surrender value of life insurance you can exempt in California depends on which exemption section of the California Code of Civil Procedure you are using. The "703" series of exemptions lets you exempt upt to $12,860 and the "704" series lets you exempt up to $22,950. However, there is also a "wildcard" exemption available under the 703 series that lets you add an additional exemption amount of up to a little over $25,000.00. In a situation where you have too much of a non-...

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  8. Should I file for bankruptcy in Arizona where i built divorce fee debt or California where i have now lived for over a year .

    Answered over 1 year ago.

    1. William James Waters
    2. David Watson Wiese
    3. Maureen Andrea Enmark
    4. Brian Crozier Whitaker
    5. Diane L Gruber
    6. ···
    7 lawyer answers

    The most proper jurisdiction for filing your case would be California since that is where your residence is and has been for over 180 days prior to filing. However if you have any overwhelming reason why you, or your Bankruptcy attorney, feel Arizona would be better (i.e. more favorable exemption sections or some other reason) an argument can be made that venue is also proper in Arizona since you have "principal assets" there (the condo). If you compare the available exemption statutes...

    11 lawyers agreed with this answer

  9. Can a Ch. 7 BK Trustee take money or other non exempt assets to pay mortgage debt if I retain the property?

    Answered almost 2 years ago.

    1. William James Waters
    2. Michael Raymond Daymude
    3. Carl H Starrett II
    4. Brian Crozier Whitaker
    5. George Robert Roles
    6. ···
    7 lawyer answers

    If you file Ch. 7 and have non-exempt money/assets, the Trustee can take any/all of those non-exempt assets and use to pay creditors. If the non-exempt money you are referring to is non-exempt excess equity in your home, but you are not planning to keep the home (which I assume since you said you would short-sell it) then it should make no difference to you if the Trustee chooses to take the property to sell in order to realize any net equity if that equity would not be exempt anyway. You are...

    11 lawyers agreed with this answer

  10. I need to file a motion to avoid lien in Chapter 7 BK but is it a lien because it was never recorded

    Answered almost 2 years ago.

    1. Gregory Howard Wiley
    2. William James Waters
    3. Deborah F Bowinski
    4. Dorothy G Bunce
    5. Paula Brown Sinclair
    5 lawyer answers

    I'm confused why you have gone so far down the Chapter 7 road to where, if I'm reading your question correctly, you have already received your discharge but the case has not been closed yet (which will happen in just a few days). If the mortgage lien you are referring to, whether recorded or not, is a junior lien (i.e. a "second") to the recorded first mortgage, then the only way to remove it in California is by motion (in some CA courts) or by adversary complaint (in some other CA courts) in...

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