Shaye Larkin's Answers

Will Kaiser Insurance drop you if you discharge your debt to them through bankruptcy?

I will disagree with the above response. There are certain circumstances under which a post-petition debt can be added to an existing Chapter 13 bankruptcy. The bankruptcy code allows for the inclusion of post-petition consumer debt that arises after the case is filed so long as: 1. it is necessary for performance of the plan, and 2. the creditor files a proof of claim. Normally, prior approval by the trustee is required if practicable. Your attorney may have already obtained prior...

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Can PG&E bill me for a 3 year bill, when I never got a bill from them?

Ok - I have follow up here. Hope others don't get upset that I'm answering this question twice but I need to include links and you can't do that by commenting. PG&E is governed by Tariff Rules. Rules 9 and 17.1 cover the issue of backbilling and limit it to 3 months for residential customers and 3 years for non-residential customers. Failure to properly read a meter and issue a bill is considered to be "billing error" covered by 17.1. If it is not a billing error because there has been...

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What is the remedy for collecting unpaid restaurant bill in the small claim court?

When a person or party eats at a restaurant they essentially have a contract with the restaurant that they will pay for the food and services. When your customer failed to pay the bill, they breached that contract. You therefore are entitled to receive contract remedies, which include what we call "compensatory damages". Compensatory damages are what it would take to make the injured party whole again. So, as the other attorney pointed out, you would get what you would have received had the...

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Can a bank close your checking accounts if you file for bankruptcy

This is true in many situations where the person filing bankruptcy owes money to their bank or credit union. I have not heard of it happening in a case where money was not owed to the banking institution. It is usually a bad idea to bank with your creditor if you are going to file bankruptcy because the creditor bank may exercise the "right to setoff", meaning they will freeze the account and any funds in the account as of the day your bankruptcy is filed can be applied to the debt you owe...

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Can a private student loan go into default while a Chapter 7 bankruptcy case is open?

If you did not receive your discharge until mid August, 2011, this means your case was still open and the automatic stay was still in effect when the student loans went into default in July. You are correct in that the automatic stay prohibits even student loan creditors from collecting on debts while the bankruptcy case is still open, absent a bankruptcy court order allowing them to do so. Once your bankruptcy was filed, the student loan company should have placed your loans in forbearance...

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Writ of execution vs. bankruptcy

A writ of execution is basically an order issued by a court giving a judgment creditor the power to satisfy the judgment by levying against the judgment debtor's assets, for example, by garnishing your wages. Once the judgment creditor receives notice that a bankruptcy has been filed, they must cease further action unless they later obtain permission from the bankruptcy court to continue executing on the judgment. They can obtain court permission in situations where the underlying debt is not...

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Filing bk chapter 7 in California and 6 months behind mortgage.

Unlike Chapter 13, filing Chapter 7 will not provide you with a payment plan enabling you to catch up on your mortgage. If you file a Chapter 7, the automatic stay will be lifted upon the conclusion of your bankruptcy case (or sooner if the court grants permission), at which time Bank of America can choose to either work with you on a loan modification or begin foreclosure proceedings. There is no guarrantee of what will happen. A Chapter 13 would give you a lengthy period of time (up to 5...

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Filing Bankruptcy will affect my Permanent Resident Status and Citizenship application?

Below is a link to a previous discussion on this forum re whether one can sponsor a parent after filing bankruptcy. So long as your income is sufficient to enable you to support the sponsored parent, it doesn't sound like the act of filing bankruptcy would be an impediment. You can also have a joint sponsor, if needed. Best to enlist the help of an immigration attorney to guide you through the process!

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I found a Debt Collection Letigation Attorney On Line....

Pre-trial litigation can be very expensive. If they filed the case with the court, even though it didn't go to trial, there would be filing fees, process server fees, copying fees, fed-ex fees, possibly court reporter fees if there were depositions taken, as well as fees for copies of the deposition transcript - all of which add up to substantial dollars. As the other attorneys point out, you can get an itemized statement showing where all these fees went. There is also the chance there...

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Filing Bankruptcy will affect my Permanent Resident Status and Citizenship application?

Filing bankruptcy does not affect your immigration status or ability to apply for citizenship. Section 525 of the Bankruptcy Code prohibits discrimination by federal agencies against persons who have filed bankruptcy. I am told by my immigration law colleagues that filing bankruptcy may affect your ability to sponsor relatives who want to immigrate to the United States because to sponsor someone you would normally have to show the ability to financially support them. However, I think your...

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