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I filed Chapter 13 bankruptcy two weeks ago. I am about to be evicted from my lease. Can I add the lease creditor now?
Peter's answer
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Answered on February 25, 2015
Yes, you must add the creditor to your schedules. You can filed amended schedules and pay a small fee to the clerk for the additional creditor. ...
Archived
I am disabled. I have a claim for personal injury that I won. Is this income or just an asset for Ch13 bankruptcy?
Peter's answer
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Answered on February 20, 2015
I agree with other attorneys that have responded that your should consult with an attorney regarding your exemptions. However, I do not believe...
Archived
Reopening a Chap. 7 bk to dispute a fraudulent creditor.
See bk case Salvidar (Bankr.S.D. 2013 WL 2452699).
Peter's answer
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Answered on December 22, 2014
Only the debtor's interest in the real property that secures the note entered the estate and was subject to administration by the Chapter 7...
Archived
For taxes, I owe around $9,000 because I am self employed. If I pay the IRS is the 9k avoidable in Chapter 7 bankruptcy?
Peter's answer
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Answered on December 19, 2014
The payment you describe is technically not a preference unless the IRS receives more than it would have through your Chapter 7 case. See 11 USC...
Archived
California bankruptcy chapter 7. Easy to exempt a 457 retirement plan using 704 system?
Peter's answer
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Answered on November 18, 2014
The Bankruptcy Code Section 522(b)(3)(C) expressly allows exemption of retirement funds to the extent that they are exempt from taxation under IRC...
Archived
Need help in determining debts discharged in a bankruptcy proceeding.
Peter's answer
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Answered on November 17, 2014
When the discharge order is entered, all prepetition date debts are discharged unless they are specifically excepted from discharge under...
Archived
I have business contracts, and I need to file a Chapter 7 bankruptcy. What will happen to the contracts in bankruptcy?
Peter's answer
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Answered on November 17, 2014
If your working on contingency fee contracts for the sale of real property for example, then the estate's interest is typically calculated based...
Archived
I filed a Ch7 Bk. I have a secured abstract judgment against my house. The judgment was entered by default and interst too high
Peter's answer
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Answered on November 04, 2014
If the judgment does not impair an exemption, you can't use Bankruptcy Code 522(f) to avoid the lien from your residence.
If your residence is...
Is my worker's compensation benefit protected in chapter 7?
Peter's answer
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Answered on October 28, 2014
Yes. Under CCP 704 workers compensation benefits are fully exempt forever even if converted to another form of asset. Under 703 workers...
Archived
I just filed chapter 13, and included my car, can the lien holder hold my car until I show proof of insurance ?
Peter's answer
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Answered on October 27, 2014
I respectfully disagree with other counsel and I believe that the creditor must unconditionally return the vehicle (property of the estate) once it...
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