Guy David Chism’s Answers

Guy David Chism

Los Gatos Bankruptcy Attorney.

Contributor Level 7
  1. Can i still collect from an open contract if i file bankruptcy?

    Answered over 1 year ago.

    1. Guy David Chism
    2. Sally J Elkington
    3. Rex Tran
    3 lawyer answers

    Adding to Sallys response, disclosure is the key here. If you did not list these assets then the trustee cannot have abandoned them so I would recommend the very first thing you do is review your petition with your attorney and make double sure you properly and rightfully disclosed this money owed to you as an asset. While its preferable to exempt, if you were unable to extend your exemptions to the asset (i.e. you ran out of exemption money) then direct your attorney to access you files...

    Selected as best answer

  2. Im planning on filing bankruptcy in southern california im filing on 704 but i came across a problem i have to vehicles that im

    Answered over 1 year ago.

    1. Brian Crozier Whitaker
    2. Carl H Starrett II
    3. Stuart Gregory Steingraber
    4. Michael Avanesian
    5. Dorothy G Bunce
    6. ···
    8 lawyer answers

    My esteemed colleagues are correct, no equity, no exemption however what everyone of my colleagues have failed to mention is that most car note holders require a reaffirmation agreement for you to keep the car. This ties directly to your schedule I & J and whether or not you can truly afford the vehicles. Most car note holders do not allow you these days to pay and ride through bankruptcy. When presented with a reaffirmation agreement a presumption of abuse will arise or it will not arise....

    3 lawyers agreed with this answer

  3. Filing bankruptcy while in the U.S.Navy?

    Answered over 2 years ago.

    1. Alan D. Walton
    2. Frank Wei-Hong Chen
    3. Guy David Chism
    3 lawyer answers

    As a legal services attorney for JAG, my answer is going to contradict the non military attorney answers. This question comes up all the time in military service. The old school of thought was that a person filing bankruptcy while serving in the military was frowned upon. With all the foreclosures and credit situations facing our service members today, each situation is being reviewed individually by that service members command. Additionally, security clearances can be adversely affected...

    2 lawyers agreed with this answer

  4. My ex somehow got a car from a dealership using my name, I did not sign any thing or was even present. now I'm in debt.

    Answered 7 months ago.

    1. Gary Ray Fraley
    2. Richard Scott Lysle
    3. Blake Owen Brewer
    4. Frederick William Schwinn
    5. Guy David Chism
    6. ···
    6 lawyer answers

    My esteemed colleagues all have valid points however, before you go on the war path, you have the duty to inform the creditors in writing by certified mail that you are contesting this debt and that you want them to produce copies of the actual signed contract and agreements where the alleged forgery and misrepresentation happened. In some cases, its been my experience that when you ask for the contract and application copies, those whose heads may roll may very well clean up the mess for you...

    1 lawyer agreed with this answer

  5. School goes Bankrupt, new school takes over and wants to collect debt of bankrupt school. Can they do this?

    Answered about 5 years ago.

    1. Guy David Chism
    2. L. Maxwell Taylor
    3. Louis Jay Esbin
    3 lawyer answers

    What you need here is clarity as to whether or not you are talking about creditors of the school or debtors. You have not given any facts as to the school name, type of school, accreditation or what type of financial the school has available. Most schools that receive financial aide are governed by the Department of Education and if the school is accredited there are rules for teach outs and how the new school or schools step in and finish out the programs. When schools close, the...

    2 people marked this answer as helpful

  6. Can I be 6 days late in my chapter 13 payment?

    Answered 7 months ago.

    1. Michael Christopher Burr
    2. David Alexander Yomtov
    3. Blake Owen Brewer
    4. Stuart Gregory Steingraber
    5. Richard D. Granvold
    6. ···
    8 lawyer answers

    All good answers by my colleagues! I would go one step further and ask yourself why the payment is late. If you are no longer able to make timely payments or the amount of payment is too much because your financial situation has changed, contact your attorney and ask him to refigure your budget and see if the payment can be modified at all. Its my experience that 6 days will not result in the dismissal of your case however its my experience that if one of my clients starts missing due dates...

  7. Bankruptcy

    Answered about 5 years ago.

    1. Guy David Chism
    2. Jeremie Henri Pare
    3. Lesley Abigail Hoenig
    3 lawyer answers

    I would immediately arrange for a free consult with a local bankruptcy attorney. that attorney will be required by federally mandated law to give you disclosures regarding bankruptcy that will be a good start towards answering your questions and getting you underway to understanding the process and how to step through the bankruptcy filing. There are viable alternatives to bankruptcy that often can be a very good alternative however that will depend on your individual circumstances and your...

  8. I filed bankruptcy last year, still have a motorcycle that was included with the Chapter 7. Filed in Florida. What to do?

    Answered about 5 years ago.

    1. Guy David Chism
    1 lawyer answer

    You would best be served by contacting your BK lawyer and reviewing the situation with him/her and ask them to make inquiry for you as to the status of your title or any liens against the vehicle. Your lawyer can advise you on how to proceed further and may even handle the entire thing for you. He/she would have been the one to advise and to work with you on any reaffirmation or surrender if there was such in your case. You paid him/her to represent you and prepare your case so he/she is...

    2 people marked this answer as helpful

  9. My bank charges late fees when they "receive" a late mortgage payment of mine. My question is is the payment date the date they

    Answered over 3 years ago.

    1. Dorothy G Bunce
    2. Guy David Chism
    3. Ronald Edward Ostrin
    3 lawyer answers

    please finish your question and resubmit, its hard to determine from your partial question what your actual issue may be. Thanks!

  10. I have a different first name on my birth certifiate and passport than every other document including social security, license

    Answered over 3 years ago.

    1. Philip W. Mason
    2. Guy David Chism
    2 lawyer answers

    This answer is not legal advice neither does it create an attorney client relationship, there is no substitute for seeking your own legal counsel. In this day and age, while many people go by many names, you increase the opportunity or probability of being stopped or slowed down when you engage or access any activities requiring positive identification. Many people have stage names or professional names however they carry proper identification that allows them to prove who they are legally...