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Steven Abraham Wolvek

Steven Wolvek’s Answers

11 total


  • What can i do to or have my attorney do so i can be done with this can my attorney push the issue

    filed for a divorce a yr ago have a attorney we have came to agreement on the separation date and everything else now its been almost four months and she prolonging signing it

    Steven’s Answer

    Not sure who the "she" is in your question. If "she" is your spouse then your attorney can move the case forward to default or trial depending where you are with the proceeding. Whether a response to the petition for separation / dissolution has been filed and whether preliminary disclosures have been prepared. If "she" is your attorney then you should request a detailed explanation what else is needed to conclude your case.

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  • I received a letter from collections AFTER 341 meeting?

    I filed bankruptcy and listed a hospital as a creditor after during my petition signing so the hospital was notified of my bankruptcy. I received a medical bill from the hospital AFTER signing my petition. I also received letter from a c...

    Steven’s Answer

    The answer to both is the same. Send each a copy of your Bankruptcy hearing notice and a letter informing them you filed for bankruptcy relief and for them to update their files. Creditors cannot attempt to collect on a debt that came into existence pre-filing. Sometimes debts are sold to collection agencies before or after filing with no notice you filed. This will take care of that situation. Keep a copy of your letter in case they continue to try to collect. Then you will have different remedies.

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  • Child custody

    If i found out my wife cheated on me and even though I was working this out because she cheated on my 5 years ago, I have 3 kids and I will like her to leave and I want to have custody of my kids, I'm the main provider of the house she only give m...

    Steven’s Answer

    I agree with others - California is a no fault state so her cheating in and of itself is not a factor for child custody. However, if she were an inattentive parent because of that or any other reason - that may be a basis. The money issue is only an issue if she uses it for personal purposes or for funding her affairs.

    Get a consultation from an attorney who can give you more specific advise about your particular situation. Most will offer a free, no obligation consultation. Best of luck with your situation.

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  • In a bankruptcy 13 case, is the chapter plan and notification of the plan to be provided to all creditors before the creditors

    meeting, 28 days before?

    Steven’s Answer

    (L.B.R. 3015-1(b)(3):
    The plan must be served on all creditors and the trustee: Each creditor of said debtor
    must be sent a copy of the debtor’s plan at least 28 days before the 341(a) meeting of creditors.

    Chapter 13 cases are difficult and it is best to get an attorney to represent you. Most offer free consultations. It would be in your best interest to seek out a free consultation and make sure this is the best form of relief, that your plan is proper given the circumstances of your particular situation to ensure a good outcome.

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  • For Chap 7, do I need to have my state taxes amended before hand or just federal?

    I got into a hiccup with my 2013 taxes. My federal taxes have already been completed and amended however I'm still waiting to receive my CA state amended return from the FTB. Are the state taxes a requirement or can I proceed with Chap 7 as long a...

    Steven’s Answer

    My experience with Fresno Bankruptcy Trustee's are they will want your State and Federal Taxes for the last year filed. The Statement of Financial Affairs Question #1 asks for your income for the two years prior to file and year to date income so you would put your amounts as a response to that question but as long as you filed 2014 taxes - you will not need to provide the Trustee with your 2013 returns.

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  • INTERROGATORIES and NOTICE OF DISCOVERY AND INSPECTION

    I am suing someone in civil court for unpaid bills. I filed the INTERROGATORIES and NOTICE OF DISCOVERY AND INSPECTION in April and then again in July with NO responses. Deadline passed once and too many times here. Can I just move to a motion f...

    Steven’s Answer

    No. You need to mail a "meet and confer" letter first advising the other side that the time for a response has past and all objections are thereby waived. Give them 10 days from the date of the letter to respond. If there is still no response you file a motion to compel the discovery demands. The Court will usually give them some period of time to respond. If there is still no response you can ask for evidence sanctions. Your local law library will have the format of the motion you need to file.

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  • Can I file chapter 7 after a credit card lawsuit is served to me?

    I just received a lawsuit notification from the credit card company. Can I file chapter 7 and include the default account as part of my bankruptcy though it was served to me before I file bankruptcy?

    Steven’s Answer

    Yes you can. Just do not let the lawsuit go all the way to a judgment where the creditor then files an abstract. An abstract is a floating lien and is recorded in the county you live in. It attaches to any property recorded in your name or that may be recorded in your name 10 years from the date of its filing. There is an extra fee to eliminate abstracts charged by most offices.

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  • Settlements....

    Can you settle for less with a creditor if you already started bankruptcy proceedings?

    Steven’s Answer

    If you filed a Chapter 7 case - why would you want to settle when all unsecured debts can be discharged? If you are in a Chapter 13 case - whether or not to pull out and settle outside of bankruptcy would require a review of your proposed plan.

    Most creditors are eager to settle after a case is filed because they will not receive as much usually through a bankruptcy - if anything. Your credit report will already show your bankruptcy filing.

    If you hired an attorney to represent you then you should discuss the specifics of your case with him or her. If you filed in pro se, you can always contact an attorney and have your situation reviewed as most will offer a free consultation.

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  • Filing for bankcruptcy & buying a house

    I have bills which I am unable to make payments on (medical bills) and they will be going to collection in the next few weeks. I have been advised not to file for bankcruptcy yet, but to wait at least an year. I have been looking into buying a ho...

    Steven’s Answer

    • Selected as best answer

    Your question is a perfect reason to consult with an experienced bankruptcy attorney. Pre-bankruptcy planning is so important and in your case absolutely necessary. You should also talk to a mortgage broker or bank to see if you can pre-qualify for a mortgage loan today.

    Most attorneys will offer you a free consultation to answer the bankruptcy issues raised in your question. Whether or not you qualify today for a mortgage loan would help assist an attorney in determining when is a good time to file.

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  • How long to wait before filing for bankcruptcy?

    I have a medical debt which I am not able to pay. The creditors have said that if this is not paid within the next 10 days it will be sent to collection. I have some savings ($35,000) but it is not enough to pay the debt & I know that if I make a...

    Steven’s Answer

    You need to contact an attorney and make sure all your assets can be protected. Most offices will offer a free consultation and make that determination when you come in for your appointment. Another important consideration is whether or not your medical situation is now resolved.

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