Archived
If we (5 siblings) are listed on deed on deceased parent's property, & one files Chapter 7, will there be a lien on property?
William's answer
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Answered on January 10, 2013
A lien will not, and cannot, be placed on the property after or as a result of filing a bankruptcy. The purpose of a bankrutpcy is to...
I have a civil penalty for EDD payroll taxes and I've completed a Ch 7 BK. I paid the tax but EDD wants penalties. Valid?
William's answer
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Answered on January 10, 2013
I agree with the responses given by attorney's Whitaker & Wiesen, but am just curious why you paid $102k when you say the priority claim was listed...
Archived
If a person is considering filing for personal bankruptcy how important is it to hire an attorney in the County of a judgement?
William's answer
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Answered on January 10, 2013
So long as you have lived where you are now for the better part of the past 6 months, then you should file where you live since that is considered...
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Archived
I was sued by a collection agency (law firm) for cc debt for 14k,
they did not show up on 1st court date, what should I expect
William's answer
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Answered on January 10, 2013
I agree with Atty. Whitaker - a Chapter 7 may be just what you need. Bankruptcy is designed to let you wipe the slate clean and get a fresh start....
Is an IRA in Calif protected from a judgement creditor outside of bankruptcy?
William's answer
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Answered on January 09, 2013
OIn a BK filed in Calidornia, it is California law that determines the exemptions, under the California Code of Civil Procedure, either the "703"...
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Archived
HI. My husband has borrowed a lot of money lately from friends and family. Am I responsible for the repayment of theses loans?
William's answer
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Answered on January 09, 2013
California is a community property state and each spouse is liable for the debts of the other spouse. However, in terms of what creditors can...
Archived
What will happen to auto loan that I cosigned for if I file Chap 7? If I do NOT reaffirm, will "consignee" be able to keep car?
William's answer
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Answered on January 09, 2013
If you choose not to reaffirm, the lender can take the car back even if the payments are current since "pay and retain" is no longer an option in...
Archived
My Ch 13 case was dismissed by court and 18 mo payments returned. Unsecured debt already charged off. Do I still have to repay?
William's answer
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Answered on January 08, 2013
If I understand your question correctly, you started the BK process primarily to save your home from foreclosure. If your loan mod now allows you...
Archived
I am trying to file a Chapter 7, will my retirement checks or my life insurance policy be affected?
William's answer
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Answered on January 08, 2013
FIrst, let me state the obvious - you have a lot at stake that you could be risking by trying to do a Chapter 7 on your own. Very few are ever...
Archived
Will my 30 yr old son be able to qualify as a dependent for purposes of the means test and will his income affect my schedules?
William's answer
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Answered on January 08, 2013
Yes, you will be able to show your son on the Means Test. The California bankruptcy courts take a "heads on beds" approach when it comes to...
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