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Michael Salanick
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Michael Salanick’s Answers

452 total


  • Can I file for bankruptcy if I'm active duty?

    Bad marriage. Left with the debt. Out of the military in March 2017. Need relief now.

    Michael’s Answer

    Yes. There's no problem filing evoke active duty. In fact, you may benefit in ways related to the means test and more.

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  • Bankruptcy 5 yrs ago. Now need 2 file a motion 2 avoid lien on judgments on home I didn't know about. Value has gone up! matter?

    I'm in central district of California. So, I filed chapter 7 five years ago. I went to do a refinance on my home and found out that a creditor had filed an abstract of judgment on my home prior to the bankruptcy. Through research and calling a few...

    Michael’s Answer

    For purposes of LIEN AVOIDANCE, case law on the issue says we use property's value at the time the petition was filed, not current value.

    Certainly you should use a law firm with experience to help you through this process and navigate tricky procedural requirements including reopening old bankruptcy, proper service on lien holders, valuation evidence, and more. If done correctly, the benefit of avoiding the lien may far outweigh modest legal costs for the work on your case.

    Best of luck

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  • (Using my income) how soon after I file, do the bankruptcy professionals begin to decide how much and WHICH of my bills to pay ?

    I am filing Chapter 13 bankruptcy. I have the date I filed. And now I am going to turn in the next papers. Later in a couple of months I have a creditor's meeting scheduled.. I am writing to ask: After how many days (a-week after I filed , 30...

    Michael’s Answer

    From the questions you're asking, I have no doubt that you will need a lawyer to help you with this case.

    The good news: some /most/all (?) of your attorney fees may be eligible to be paid through your CHAPTER 13 PLAN -- the plan is something every chapter 13 bankruptcy filer must prepare and it sets out which creditors will be paid and the schedule of payments (more or less), and over what time period (36 months to 60 months).

    Bottom Line: With all due respect, you need to find legal help ASAP.

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  • Can a Chapter 7 as a Pro Se, later bring in an attorney if necessary?

    If I file a Chapter 7 Bankruptcy Pro Se, and it becomes too involved as to the Trustee requests and demands, can a Bankruptcy attorney step it and straighten things out, or would I need to dismiss and start over again.

    Michael’s Answer

    Yes, you may start a case as a pro se debtor and then, later substitute an attorney in as your counsel.

    However, I would not attempt a bankruptcy case pro se if there were any concerns whatsoever; even if possible, unwinding problems can become very expensive very quickly.

    Bottom line: be your best advocate, consult with an experienced bankruptcy lawyer and research getting the best help possible to represent you BEFORE problems arise.

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  • Is it better if I file in California or Arizona?

    I am moving from California to Arizona. I may have to file bankruptcy.

    Michael’s Answer

    You may want to file in the jurisdiction where you are living at the time since you will be required to attend a hearing in-person within 30-40 days after filing your bankruptcy petition. Regardless the jurisdiction where you file, however, you will be using exemptions based on your residence in the state of California (unless waiting for more than 180 days after moving).

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  • 3) How do I negotiate a payment plan since I have no idea who owns my bad debt now

    I've been sued by a creditor and now having my wage garnished. There is no information about who the original creditor is and how much I actually own on the letter they sent me. Can I: 1) deny it? 2) how can I stop the wage garnishment?(there i...

    Michael’s Answer

    Temporarily to stop the garnishment you may be able to submit a claim of exemption and attach your proof of income and funds necessary to be allowed an exemption from garnishment (or levy).

    Second, you may either attempt to settle the debt/judgment outright or you may wish to consider filing for bankruptcy protection.

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  • Which is more damaging to my credit score; debt management or bankruptcy?

    I'm a senior on Social Security. I maxed out my credit cards and ordered things from catalogs I received in the mail which offered me credit. I realized I was over my head in debt when I would pay my minimum credit card payments, then use the cred...

    Michael’s Answer

    Babkruptcy will cause a decrease in your credit score however the larger problem is your overall debt management plan and debt to income ratio. Recovering a credit score after a bankruptcy filing is possible, sometime in as little time as 2-3 years.

    You may want to ask yourself the tough question now: how long will it take to execute your debt settlement plan and recover a better credit score WITHOUT filing for bankruptcy protection and relief?

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  • If a file for Chapter 13 bankruptcy and then dismiss the filing will my bankruptcy filing still show up on my credit report?

    If a file for Chapter 13 bankruptcy and then dismiss it will the bankruptcy filing still show up on my credit report?

    Michael’s Answer

    Simple answer: Yes

    The filing of a personal bankruptcy case is an event that appears on an individual's credit report, regardless successful completion of a case, or instead case dismissal/etc.

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  • Will I be held liable to pay the balance of the account if he files for bankruptcy because I'm the secondary card holder?

    I got in a relationship and got a joint account with my ex. He has been lying to me saying he would make the payments, but he actually never did. Last I heard from him was that he was filing for bankruptcy.

    Michael’s Answer

    Yes, as a joint account holder you are also responsible for maintains the account in good standing. If he files for bankruptcy protection and relief, you may be on the hook for the entire balance due.

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  • What can I do to fix the problem? Can I still file for bankruptcy even though I am being sued by a debt collector?

    I am in debt I believe over 10,000 and my brother called me today saying that I am being sued. I live with my boyfriend and I don't want to change my shipping address so that's the reason I didn't know I was being sued. Not sure if the paper was m...

    Michael’s Answer

    Yes, bankruptcy may still be a strong option for you regardless if they lawsuit has already proceed to default judgment. All things being equal, filing for bankruptcy may help you to entirely wipe out your unsecured debt and including lawsuits (and judgments). You would be wise to take action sooner than later, if you believe the creditor will try to garnish your wages or levy your bank accounts. Many bankruptcy lawyers in southern California offer free consultations of 30+ minutes.

    Best of luck

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