Questions answered by David John Rausa

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Is it possible to change lawyers a month before court date?

David's answer | Answered on October 27, 2015

You can always change lawyers. The new lawyer will have to execute a substitution of attorney.

Archived

Currently in Ch. 13 bankruptcy and need to refinance home in about two years as I was on a 7 year fixed rate..

David's answer | Answered on October 26, 2015

Before you do anything, you need to sit down with your attorney and discuss all options. Court involvement is needed to incur new debt, refinance,...

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Does a person who listed as a creditor need to file a proof of claim if they are suing the debtor for an amount yet to be determ

David's answer | Answered on October 22, 2015

First, if you have been placed on notice of a bankruptcy, you cannot continue with the lawsuit, absent permission from the Bankruptcy Court...

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Can a person amend their Chapter 7 bankruptcy filing 3 years later to include me as a creditor?

David's answer | Answered on October 21, 2015

Before you do anything, you will need to speak with a bankruptcy attorney. You could find yourself on the wrong side of a dispute with all the law...

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Can my mortgage servicer report on-time payments to the credit bureaus after Chapter 7 Bankruptcy discharge?

David's answer | Answered on October 21, 2015

Depending on the facts and circumstances, and exactly when the credit report shows will determine if it is accurate reporting, or if there is a...

Archived

Can my lawyer submit documents of evidence before a status conference for an adversary bankruptcy hearing in Los Angeles?

David's answer | Answered on October 21, 2015

You may want to sit down with your lawyer and have a nice chat. Seems to me that the lines of communication may not be 100% open. Other than that...

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I defaulted on a loan to a friend who tricked me when helping me move and took everything we own

David's answer | Answered on October 20, 2015

I think your only recourse is to take them to small claims court for the value of the personal property. If however, the value of the property is...

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I received a Summons (sum-100). I am being sued by a dept collector. What form do I need to respond?

David's answer | Answered on October 16, 2015

Defending yourself from a collection lawsuit can be tricky, and costly. You may want to consider obtaining the assistance of an attorney.

Archived

In a chapter 7 case do i need to file a motion to avoid lien for a case I lost where there was a money judgment against me?

David's answer | Answered on October 16, 2015

A lien avoidance under 522 f should be filed. The actual lien may be filed with the count recorder as a judgment, so you may want to look into...

Archived

I am considering filing bankruptcy because I have credit cards that are past due with balances totally nearly $20K. Should I?

David's answer | Answered on October 15, 2015

Now may be an optimal time to file for bankruptcy. That way when you finally enter the workforce, you are without the burden of credit card debt....

David John Rausa's Answers (2016)

Is it possible to change lawyers a month before court date?

Currently in Ch. 13 bankruptcy and need to refinance home in about two years as I was on a 7 year fixed rate..

Does a person who listed as a creditor need to file a proof of claim if they are suing the debtor for an amount yet to be determ

Can a person amend their Chapter 7 bankruptcy filing 3 years later to include me as a creditor?

Can my mortgage servicer report on-time payments to the credit bureaus after Chapter 7 Bankruptcy discharge?

Can my lawyer submit documents of evidence before a status conference for an adversary bankruptcy hearing in Los Angeles?

I defaulted on a loan to a friend who tricked me when helping me move and took everything we own

I received a Summons (sum-100). I am being sued by a dept collector. What form do I need to respond?

In a chapter 7 case do i need to file a motion to avoid lien for a case I lost where there was a money judgment against me?

I am considering filing bankruptcy because I have credit cards that are past due with balances totally nearly $20K. Should I?