Skip to main content
Mikalah Liviakis
Avvo
Pro

Mikalah Liviakis’s Answers

230 total


  • Can credit union keep lien on car because personal loan that was discharged in Ch. 13 was not paid in full?

    Credit union policy is that a lien remains if any loan is not paid in full and that I would have to pay the balance to get a lien release. The car loan is paid in full and the remaining balance on the personal loan discharged in bankruptcy is les...

    Mikalah’s Answer

    Not usually, unless the loan was cross collateralized with the personal loan. Call the credit union to check on this.

    See question 
  • My husband has file chapter 13 bankruptcy can I take over the payment if my name is not on the bankruptcy

    because he refuse to make the payment and I have children that are in school and we don't have anywhere else to go

    Mikalah’s Answer

    Debtors like your husband can make their chapter 13 payments from a consistent source of income. That income could come from you. This would be a good way to help make sure the mortgage is paid.

    See question 
  • If my name is not on the mortgage but my husband has file a chapter 13 bankruptcy could I still take over even I make less money

    I been on my job for 5yrs as school bus driver 25 hrs a week making 9.81 hr is there any is there any kind of foreclosure prevention funds program that can help because without him no longer here helping and were are separated i cant afford it of...

    Mikalah’s Answer

    Debtors like your husband can make their chapter 13 payments from a consistent source of income. That income could come from you. This would be a good way to help make sure the mortgage is paid.

    See question 
  • Chapter 13 bankruptcy

    Can i file chapter 13 bankruptcy if i have a seasonal job and then ask my lawyer to later convert my case into a chapter 7 case if I can't afford a lawyer at this time so when I get laid off In may of next year I can have it convert because I hav...

    Mikalah’s Answer

    chapter 13 requires consistent income to the debtor to help make a plan payment. chapter 13s can later be converted to chapter 7 if the debtor is eligible.

    See question 
  • Could I win a case against my ex in court?

    we maxed out both my credit cards because when he moved down here he wasn't able to get a job right away so I was paying for everything. Things didn't work out and we went separate ways although he owes me a lot I only asked for 1000$ and asked hi...

    Mikalah’s Answer

    You could file a small claims action. The key question is what was your intent when you provided him with the money? Was is a gift or was it a loan? If it was a loan then you can seek a small claims order requiring him to pay.

    See question 
  • What amount of money that you overdraft will the banks take you to civil & sue you for?

    I over drafted $636

    Mikalah’s Answer

    Suit for overdraft is rare in my experience. There is no specific number. Its up to the bank.

    See question 
  • Can you surrender more that one car in chap 7 bankruptcy?

    I surrendered my car in May, it was always breaking down and unreliable causing me to fall into more debt. The bank finally sold the vehicle 2 weeks ago and are reaching out to me to set up a pay plan on the balance to keep a good standing with th...

    Mikalah’s Answer

    Yes you can surrender as many cars as you need to. Keep in mind that debts, including car loans, that were recently incurred right before bankruptcy, might be challenged as non-dischargeable if the creditor can prove that the debtor never had an intent to pay the debt.

    See question 
  • I have a question about trying to reach a settlement (with payments) after I receive a summons.

    I'm going to file an answer and probably moving into discovery at some point. My question is about this... I keep hearing stories about "If you can't afford their settlement or payment plan, go to court and tell the judge you can only afford $X a ...

    Mikalah’s Answer

    Once a collection begins via wage garnishment a debtor will have an opportunity to object to the amount by filling out hardship paperwork, filing it with the court, and having a non-party serve it on the plaintiff. This gives low income debtor's a chance to reduce what would otherwise be impossible to meet payment plans.

    See question 
  • For Chap 7, do I need to have my state taxes amended before hand or just federal?

    I got into a hiccup with my 2013 taxes. My federal taxes have already been completed and amended however I'm still waiting to receive my CA state amended return from the FTB. Are the state taxes a requirement or can I proceed with Chap 7 as long a...

    Mikalah’s Answer

    State and federal tax returns are required to be filed when filing bankruptcy.

    See question 
  • Will it reset the time from 2011 to now If i start making payments on a debt?

    My debt was in 2011 for $2400, it was a medical bill. I thought it was paid off already by my insurance then. I failed to pay because I simply did not have the money as I lost my job and I moved to another state. Fast forward to now, I receive...

    Mikalah’s Answer

    You can request a settlement agreement or confirmation of settled for less paperwork to ensure that no further collection efforts will be made on you. You can also request that your credit report be restored but that is more difficult to get approved.

    See question