Mikalah Liviakis’s Answers

Mikalah Liviakis

Sacramento Bankruptcy Attorney.

Contributor Level 11
  1. What is considered real and personal property for bankruptcy purposes? I have a car but do not on it, making payments.

    Answered over 1 year ago.

    1. Mikalah Liviakis
    2. Richard Edmund Hawkins
    3. Brian Crozier Whitaker
    4. Rex Tran
    5. Michael Kim
    6. ···
    6 lawyer answers

    Real property is land and structures permanently attached to them. Personal Property is everything else. So a car would be considered personal property.

    10 lawyers agreed with this answer

  2. In a CH13 BK, is it standard practice to add interest to each payment amount disbursed to a creditor by the Trustee?

    Answered over 1 year ago.

    1. David Patrick Farrell
    2. Mikalah Liviakis
    3. Brian Crozier Whitaker
    4. Ashley Anne Digiulio
    5. Brad Francis Weil
    6. ···
    6 lawyer answers

    Secured creditors usually require interest unless they agree otherwise. Non priority unsecured creditors usually do not require interest unless the Debtor choses to step up their treatment. In a scenario where interest is not being credited, the chapter 13 trustee should be able to provide an explanation directly to the Debtor.

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. If I want to settle with credit company after receiving summon , do I still have to " answer " to the court ?

    Answered over 1 year ago.

    1. Frank Wei-Hong Chen
    2. Jeffrey Scott Hyslip
    3. Mikalah Liviakis
    4. Scott Richard Kaufman
    5. Linda Calderon Garrett
    6. ···
    9 lawyer answers

    Settlement is possible and the earlier you can strike a deal the less legal fees the creditor will have racked up. If you can reach a settlement it can include a dismissal of the lawsuit.

    8 lawyers agreed with this answer

  4. Can child support start wage garnishment while in Chapter 7?

    Answered over 1 year ago.

    1. William James Waters
    2. Vincent A. Gorski
    3. Mikalah Liviakis
    4. Alex R. Hess
    4 lawyer answers

    Child support does not stop during bankruptcy unless the family court judge orders it to stop. So if there are adjustments that need to be made the family court judge is the place to go.

    8 lawyers agreed with this answer

  5. If a person agrees to a credit card settlement. Do you recommend getting the agreement in writing?

    Answered over 1 year ago.

    1. Robert Harlan Stempler
    2. Mikalah Liviakis
    3. Scott Richard Kaufman
    4. Dorothy G Bunce
    4 lawyer answers

    Good idea to get settlement offer and acceptance in writing so that there are no misunderstandings down the road.

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. How do I remove a lien from my bank account after chapter 7?

    Answered over 1 year ago.

    1. Lisa Jane Espada
    2. Mikalah Liviakis
    3. Carl H Starrett II
    4. David Lloyd Merrill
    5. Brad Francis Weil
    5 lawyer answers

    I represented a debtor that just had their bank account levied from a judgment creditor. We filed chapter 7 so that further levies would be stopped. As to the funds that were frozen, we wrote a letter to the bank informing them that the funds were estate property, exempt, and that transfer of the assets to the creditor would be a violation of the automatic stay. If the funds had already been transferred, the transfer would have been a preferential transfer since it would have occurred within...

    5 lawyers agreed with this answer

  7. Are the pro Mono attorneys for chapter 7 case ? Doesn't it look bad if you can pay a attorney but not your bills ?

    Answered over 1 year ago.

    1. David Patrick Farrell
    2. Mikalah Liviakis
    3. Justin Drayton Graham
    4. Michael Salanick
    5. Curtis Lamar Harrington Jr
    6. ···
    7 lawyer answers

    Debtors with attorneys are not looked at badly. In fact, the court appreciates that the schedules and other paperwork is in order and usually more accurate than the paperwork of pro-se debtors.

    4 lawyers agreed with this answer

  8. What do I do about a 1099-C I received on a debt discharged in bankruptcy?

    Answered over 1 year ago.

    1. Kathryn Ursula Tokarska
    2. Dorothy G Bunce
    3. Gary D. Bollinger
    4. Mikalah Liviakis
    5. William James Waters
    5 lawyer answers

    My clients usually contact the creditor directly, inform them that the debt was included in bankruptcy and discharged, and ask them to reverse the 1099.

    4 lawyers agreed with this answer

  9. Once a judgement is entered in California on a small claims case how long does it normally take a creditor to garnish my wages?

    Answered over 1 year ago.

    1. Frank Wei-Hong Chen
    2. Mikalah Liviakis
    3. Kevin Samuel Sullivan
    3 lawyer answers

    I usually have my clients contact the creditor to see if a payment plan can be worked out.

    4 lawyers agreed with this answer

  10. I checked PACER and noticed I forgot to check two boxes on Form 22A, #2 marital status and #15 line is less than 13.

    Answered over 1 year ago.

    1. Mark Markus
    2. Mikalah Liviakis
    3. William James Waters
    4. Carmine John Giardino
    4 lawyer answers

    When one of my clients discovers and error on a form, we file an amended version of the document. I also make sure to let the trustee know that there is a correction that has or will be made.

    4 lawyers agreed with this answer

Call now for a free consultation.

916-459-2364