John Andrew Comerford's Answers

Any tips from CA atty before filing chptr13 bankruptcy

It seems that a Chapter 13 Bankruptcy is the right course for you, but you have to remember that in order to strip the 2nd lien from your house your house's Fair Market Value must be below the amount that you now owe on your first loan. Is that the case? Nowadays it often is the case, because the value of homes has fallen so drastically in California. If so, you can very probably strip the second lien, which will give you more money to pay back the arrears on your first mortgage. You didn't...

Can filing bankruptcy help me get out of payday loan debt?

In order to be charged with fraud it must be shown that when you took out the money, you had the intention not to pay it back. Of course it is difficult to know what someone is thinking at the time they take out money, so there are some criteria that are used. For example, if someone takes out a large amount of money and then very soon afterward declares a bankruptcy, it could be inferred that they never intended to pay it back, and just took out the money while they were already planning to...

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I am not able to attend my meeting of creditors. My wife has power of attorney. Can the meeting be held via internet - Skype?

The US Trustee is not likely to even entertain the idea of allowing you to participate in your meeting of creditors by Skype. You should make every effort to attend, and if you are absolutely unable to attend then you will have to show respect to the Court and to the Trustee by requesting a continuation and a new date, and make sure you show up at that time or your case will most probably be dismissed by the Trustee.

Filing for bankruptcy will it affect pettition of parents

Your question is not clear, so I am guessing that by "petition for my parents" you mean that you want to file a petition to bring your parents to the United States from another country. If this is correct then it is more of an immigration problem than a bankruptcy problem, and you should contact an immigration attorney to answer your question.

How can I fix my credit with past rent owed? Do I have no choice but to pay via a collection agency, and pay their own fees?

You can try to deal with the corporate office but if they refuse to answer then you should probably deal with the collection agency. They have added on late fees and penalties to the amount you owe, hoping that if they annoy you long enough you will finally just give up and pay in order to get them off your back. However, you do have options. To stop the phone calls, you can write a letter to them ordering them to stop contacting you under the Fair Debt Collection Practices Act, and they will...

Can my wages be garnished for a credit card debt?

Yes, wages can be garnished, but only if he credit card company goes through the trouble of suing you and obtaining a judgment against you. Of course if you cannot pay because you simply don't have enough extra money, then there is nothing the company can do to you, but the judgment would still exist and then could be enforced when your income does increase at a later time. I agree that one good way to deal with the problem is to offer a reduced lump sum payment. The credit card companies...

Can parents be listed as a creditor in a bancruptcy?

A loan from parents is an unsecured debt that may be discharged in Bankruptcy like any other unsecured debt. It should be listed in Schedule F of the Bankruptcy petition. It probably won't make relations with the parents very good, but it is no different from any other unsecured debt.