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Vincent A. Gorski's Answers
Contributor Level 11
- 107 Legal Answers
- 5 Legal Guides
2
Attorney answers:
On Schedule C-Property claimed as Exempt of Chapter 7 Bankruptcy do I use 522 (b) (2) pr 522 (b) (3)??
On Schedule C you will check box 522(b)(3). However, you will still need to provide the applicable code section for the exemption you are seeking. While Mr. Meyers is correct in that California has opted out of the 522(d) Bankruptcy Code exemptions, California state law gives you the option to choose between (1) a set of state law exemptions similar (but not identical) to the Bankruptcy Code exemptions; and (2) California's regular (non-bankruptcy) exemptions. You need to check out which...
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2
Attorney answers:
How can I get a copy of my background check?
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice. For purposes of this answer, I assume that you are referring to a pre-employment background check. Background checks are often requested by employers on job candidates. Pre-employment background reports are usually compiled from several different databases and include information related to criminal records, commercial records and financial records and, in certain instances, past...
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2
Attorney answers:
Bankrupt Question
Individuals may represent themselves in bankruptcy court without an attorney. However, note that the Federal Judiciary states that, "While individuals can file a bankruptcy case without an attorney or 'pro se,' it is extremely difficult to do it successfully." The Federal Judiciary article cited below further states, "It is very important that a bankruptcy case be filed and handled correctly. The rules are very technical, and a misstep may affect a debtor's rights." Keeping this in mind,...
3 people marked this answer as helpful
1
Attorney answers:
In Ch 7 On Schedule C- Property claimed as Exempt form, my car is my only exemption. I don't own any other property. In this
On Schedule C you will check box 522(b)(3), this is because California has opted out of the 522(d) Bankruptcy Code exemptions. However, you will still need to provide the applicable code section for the exemption you are seeking. California state law gives you the option to choose between (1) a set of state law exemptions similar (but not identical) to the Bankruptcy Code exemptions; and (2) California's regular (non-bankruptcy) exemptions. You need to check out which set of exemptions...
3 people marked this answer as helpful
2
Attorney answers:
Will filing chapter 7 wipe out HELOC
Disclaimer: The materials provided below are for informational purposes and should not be relied upon as legal advice. Generally, if you wish to keep the property, getting rid of the second mortgage is not possible in Chapter 7. In Chapter 7, there are really only two options regarding the disposition of the second mortgage: (i) keep the home and pay the 2nd mortgage; or (ii) surrender the home and then the mortgage as well as any potential deficiency goes away (in CA, if it is a trustee...
3 people marked this answer as helpful
4
Attorney answers:
I am 100,000.00 in debt. is there any way to avoid bankruptcy?
I agree with my colleagues that debt settlement is an alternative to bankruptcy. The only downside to debt settlement is that the creditors usually want payment in a lump sum. Many individuals are unable to come up with the one time large payment. I wish you the best of luck in finding a resolution to this matter. Disclaimer: The materials provided herein are for informational purposes and neither constitute legal advice nor should they be relied upon as legal advice. Every situation...
1 lawyer agreed with this answer
4
Attorney answers:
My car is worth retail 19000, I owe 7000 dollars on it, can I keep it in chapter 7, I live in california
In California there are two sets of exemption statutes. The exemption statutes allow you to keep "equity" in property that you own. Based on the information you provided, if you opted to use the 703 exemptions, you would be entitled to combine the motor vehicle exemption which protects $3,525 in equity and the remaining equity could be protected with the wild card exemption. Selecting the proper exemptions is something that an experienced bankruptcy attorney in your area can help you analyze....
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2
Attorney answers:
Motion for relief from stay in chapter 7?
My colleague is correct. However, I would like to add that in my experience it seems as if the banks are recently filing motions for relief from stay (MFR) without any particular method. Obviously the decision to file a motion for relief from stay is on a case-by-case basis. I have seen the same bank spend money to file a MFR on a property in an undesirable area when mortgage payments are only three months behind while on the other hand the same bank lets the bankruptcy case close before...
1 person marked this answer as helpful
2
Attorney answers:
Is is legal to drain a bank account for court ordered legal fees?
Mr. Araujo is correct. Based on the facts given, it sounds like a judgment was entered against you. You may want to consult with an attorney in your area to determine whether the attachment is valid and whether you have options to protect from future attachments. Disclaimer: The materials provided herein are for informational purposes and neither constitute legal advice nor should they be relied upon as legal advice. Every situation is fact sensitive, and it is impossible to evaluate a...
1 person marked this answer as helpful
4
Attorney answers:
Judgement & credit reports
I agree with the advice of my colleagues but would like to add that requesting an investigation of items on your credit report can easily be accomplished online. You can order one free copy of your credit report each year from all three of the major credit reporting agencies (www.annualcreditreport.com). After you view your report online, you are given the option to dispute items. Disclaimer: The materials provided herein are for informational purposes and neither constitute legal advice...
1 person marked this answer as helpful