Lysbeth Goodman’s Answers

Lysbeth Goodman

Los Altos Bankruptcy Attorney.

Contributor Level 14
  1. There is an attorney who is representing me in bankruptcy case without my knoweledge and without my authorazation while i was

    Answered over 3 years ago.

    1. Lysbeth Goodman
    2. Scott Douglas Jordan
    3. Mitchell Paul Goldstein
    4. William Watt Waldner
    4 lawyer answers

    The power of attorney governs what can and cannot be done and is, I believe, strictly interpreted - if it does not say the holder (your husband) can sign documents instituting legal actions, then that power is not given. Nevertheless, someone had your contact information and should have notified you or informed you in some manner. What kind of case is it (7 or 13) and how long has it been since the case was filed? You could call the State Bar of California, the ethics hotline, 800-238-...

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  2. HELP! I have filed chapter 7 BK and my attorney doesnt know when i need to surrender my car!?

    Answered over 3 years ago.

    1. Lysbeth Goodman
    2. Eric Charles Lewis
    3. Richard James Symmes
    4. Ian Richard Leavengood
    4 lawyer answers

    There is no deadline for surrender of vehicles in bankruptcy. You cannot "ruin" your bankruptcy case by surrendering a vehicle. If you are seriously delinquent in your payments, you might receive a motion for relief from the bankruptcy stay, which means they want their car back and they want to come and get it. It is better to surrender the vehicle because repossession is a pretty rough activity. In order to surrender the car, contact a local dealership and ask them to come and get it....

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  3. Can sending out a DV letter electing arbitration affect or hurt my BK case? Can it negatively draw more attention to my case?

    Answered over 3 years ago.

    1. Lysbeth Goodman
    2. Michael John Primus
    3. Dorothy G Bunce
    3 lawyer answers

    Generally you are entitled to file a bankruptcy case and entitled to a discharge unless the transaction with a particular creditor was fraudulent or a preference or an intentional tort. The qualifications for those non-dischargeable debts are standard and do not depend on how much attention a case receives. A trustee reviewes the data presented by each case and determines if they will file litigation based on the chance for success, based on the facts. Arbitration really has nothing to do...

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  4. Secured property still in my possession after a bankruptcy

    Answered over 3 years ago.

    1. Michael John Primus
    2. Lysbeth Goodman
    3. Bruce Allan Wilson
    4. Douglas Charles Michie
    4 lawyer answers

    You are not obligated to do more than make the car available. You can, if you wish, send the lender and their attorney (if any) a letter telling them the location of the car and that it is available for pick up. SInce the lender is not also a manufacturer, you cannot deliver it to the dealer. One issue would be liability for damages. You should go to Department of Motor Vehicles and fill out a Notice of NonResponsibility form and make sure the lender has a copy. This would relieve you...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. Illinois has a $4,000 personal property exemption. I have 2 - 1oz. gold bars. Will I have to forfeit them in BK filing?

    Answered over 3 years ago.

    1. Henry Repay
    2. Lysbeth Goodman
    3. Mazyar Malek Hedayat
    4. Lawrence W. Lobb
    4 lawyer answers

    I just checked the price of gold and it is, spot price, $1590.80 per ounce. Two ounces would have a value of $3181.60, within the exemption amount. IF you want, you could use the personal property exemption to protect the gold. Remaining personal property (assuming it is normal furniture, clothing, household goods, etc.) might not be taken by a trustee because it would cost more to take them, fix them up for sale, and sell them.

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  6. How can I reaffirm my mortgage after chapter. 7 discharge of non-secure debt? Never been late in 13yrs!

    Answered over 3 years ago.

    1. J. Leonard Sweeney III
    2. Lysbeth Goodman
    3. Dorothy G Bunce
    4. Mitchell Paul Goldstein
    4 lawyer answers

    I hope you do not mean the legal process called "reaffirmation" in which you agree to make every payment om the mortgage and interest forever without regard to the value of the property or anything else. This is NOT recommended and I'm hoping your lender is not using reaffirmation as a mechanism to refuse to recognize legitimate payments received . If you are not being given credit by either the lender or the credit reporting agency, there are different problems - that is a false report by a...

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  7. There was a wit of execution issued to my bank account. I have a car that isn't worth much. Can they take my car?

    Answered over 3 years ago.

    1. Lysbeth Goodman
    2. Dorothy G Bunce
    3. Stephen M Trezza
    3 lawyer answers

    The cost of repossessing together with the exemption claim probably exceed the value of the car. Additionally, repossessing often devalues the car because of broken windows, dings, scrapes, broken lights, etc. so lenders are usually reluctant to seize something that might cost them more than what they could get on re-sale.

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  8. What to do when a debt collector gives detailed information to a relative?

    Answered over 3 years ago.

    1. Lysbeth Goodman
    2. Stephen M Trezza
    3. Mitchell Paul Goldstein
    3 lawyer answers

    Slander, defamation in civil court sound like they would be in the neighborhood. A good experienced civil attorney should know - look through the qualifications on AVVO.

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  9. What exactly is a tentative ruling?

    Answered over 3 years ago.

    1. Lysbeth Goodman
    2. Robert Harlan Stempler
    3. Frank Wei-Hong Chen
    3 lawyer answers

    To control the volume of cases, judges will review cases ahead of hearings and make 'tentative rulings' on as many cases as they can. This will be the ruling of the court unless a party objects, usually files a document explaining why the ruling should be different. Since your case had been dismissed earlier, you should just monitor the file (if you want) and be thankful you didn't have to go through with the hearing. There are a number of reasons why the case was dismissed, but I would NOT...

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  10. I am a creditor In ch. 7 Bk. Ca. What is legal def. of fraud? Does it have to be on paper? Can it be verbal? Is verbal heresay?

    Answered over 3 years ago.

    1. Lysbeth Goodman
    2. Corrine Clementine May Bielejeski
    3. Donald C. Darnell
    4. Dorothy G Bunce
    4 lawyer answers

    Fraud is the intentional teling of a lie about a material (important) fact in order to get something of value from the person you lie to. You have to show that the lies were specifically told for the purpose of getting something of value from you (the $50,000). You would also have to show that you relied specifically on the lie when you gave her the $50,000. (You would not have given her anything if she hadn't lied). If she has told lies to the court on her bankruptcy documents that are...

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