Michael Warren Crosson's Answers

I filed chapter 7 and thought I had reafirrmed my vehicle.

Some auto lenders permit debtors who file for bankruptcy without signing a reaffirmation agreement to keep their vehicles so long as they remain current on the payments. This is known in Bankruptcy as a "ride thru." However, if you fall behind on the payments, the creditor will almost certainly repossess the vehicle. Recall that the vast majority of auto loans are secured by the property. It is important to note that since the Bankruptcy Reform Act in 2005 some auto lenders (especially...

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I am going through a divorce in CA and the petitiner entered for default, no judgement yet, am I still bound by ATROS?

The Automatic Temporary Restraining Orders (ATROS) went into effect against you as soon as they were served on you and went into effect on the Petitioner when she filed her initial paperwork (Petition & Summons). They stay in effect for the full duration of case (up to the point of final Judgment) and both parties are required to comply with them unless there is signed agreement in writing by both parties or a court order. However, nothing will happen to someone who breaks the ATROS...

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Chase sent our CC debt to collections. What are the chances of being sued?

I am an attorney in California that works in Bankruptcy. Recently, several of my clients have in fact been sued by Chase for credit card debts. In my view, Chase and other banks have stepped up efforts to file collection suits quickly in the face of rising bankruptcies. The good news is, filing for bankruptcy will stop the civil lawsuit in it's tracks (as well as other collection efforts such as wage garnishments). Only an attorney can advise you whether or not it makes sense for you to...

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My 17 year old daughter moved out last week. how can i make it so my wife and i are not legally responsible for her

In California, parents are responsible for their children until the age of 18 unless they have been emancipated. Often, this is a difficult process and a variety of requirements that must be met. For instance, in order for a child to be emancipated, the court must find that the child has the ability to support themselves through legal means. In additional, both parents must consent and the court must find the emancipation is in the child's best interest. As always, you should seek...

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Do California family court judges really see through the b.s.?

In my view, yes. I have practiced family law in Sacramento for over fifteen years and in general, the judges on the bench in the family law departments have a high degree of experience and in my view try to be as fair as possible. However, that said, this does not mean that they will necessarily rule in your favor. You must always remember that the Judge is a stranger and has not lived your life. He or she does not know you or your husband and since you mentioned this is a high conflict...

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How do I obtain a divorce in Nevada when I have not seen my spouse in years and do not where they are located? Thank you!

You will still be able to file for a divorce in the state where you reside, but you will need to make a serious effort to locate your spouse so that he or she can be served with papers related to the proceeding. Due process requires that he be given notice of the divorce and an opportunity to participate in it. Many process servers are private investigators as well and offer "skip tracing" services to locate missing people. The more information you can provide about the person you are trying...

How do I serve my wife divorce papers if she will not tell me where she is and doesn't have it on record because

It sounds like you are trying to serve the papers yourself. This is not advisable. Hire a professional process server and they may be able to help locate her. Many process servers are also private investigators and experienced in this sort of thing. Look for someone who offers "skip tracing" services. If you know her personal information, such as date of birth, social security number etc. that will be very helpful to them. If someone *truly* disappears and cannot be found after a through...

Does the interest on a wage garnishment accumulative?

Under California law, your creditor is entitled to collect interest on the principal amount of the Judgment against you that remains unsatisfied. (Ca Civ Pro - 685.010(a)). The rate of interest on a money judgment is currently 10%. Much higher than banks these days! The good news is, this is "simple interest" and is not compounded (like credit cards do) unless the judgment is renewed. Since your judgment is relatively recent and you have been making payments, it is unlikely it was renewed.