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Hale Andrew Antico

Hale Antico’s Answers

94 total

  • I am in the process of filing chapter 7 bankruptcy my house is not included in the bankruptcy can i still sale my home

    We have a buyer who wants to close within a week or two. My attorney will not call me back

    Hale’s Answer

    Of course your house is "in the bankruptcy." You have a duty to state under penalty of perjury that you listed all of your assets and all of your debts, and I'm sure you didn't lie under oath. Assets, like a house, cannot be sold without a judge giving permission. These things take a lot of time, if it's granted at all, since the trustee may oppose it. A week or two is not realistic.

    As far as your attorney, he or she may not have included litigation and motions in their Chap 7 retainer. It's not uncommon, at least in Central District of California here in Los Angeles, to have representation limited to the core Chapter 7 bankruptcy issues. Extra work, such as motions and appearances re: real estate, is usually something that can be negotiated separately. Check your contract.

    I know these aren't answers you wanted to hear, but if you found them helpful, the Avvo folks value your feedback about "helpful" and "best answers." We Avvo lawyers do this stuff for free.

    Good luck to you.

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  • Who is responsible for doing the Fair Market Value Estimate of a condo being considered for Ch. 13 lein stripping of the second?

    My condo first mortgage is 157K, my defaulted second is 165K, credit card debt 80K, back HOA fees owed with lien is 6K. I see on zillow my house is estimated to be worth 159K. I understand my house value needs to be less than 157k to do lien str...

    Hale’s Answer

    You are asking the court to make a ruling. With that request, you are responsible for providing evidence to back it up. The other side can respond and provide the court evidence that contradicts yours. There are no guarantees in law, and especially Chapter 13 bankruptcy. So, short answer: you're responsible for providing your own evidence, which the court may or may not give much weight to. I hope this helps.

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  • Can I do a voluntary withdrawal from Chapter 13 bankruptcy while my spouse stays in Ch. 13 in order for us to keep our house?

    My spouse and I filed for Chapter 13 bankruptcy in September 2011. Someone sued me for $800,000 4 months ago. I want to do a voluntary withdrawal from Chapter 13, but my husband will stay in Chapter 13 in order for us to keep our house. In 180 day...

    Hale’s Answer

    You filed Chapter 13 bankruptcy in 9/2011. You were sued in 7/2012. Helpful, but we're missing facts.

    First, considering that fewer than 5% of Chapter 13 cases filed without an attorney are successful, I trust you have a lawyer, and that you've already discussed this with him or her.

    Second, your question omits other key facts. Such as, what's was the date of the incident for this new lawsuit? Had the event already occurred at the time of the bankruptcy filing? Was the potential creditor listed in the schedules? You may have basis for a violation of the automatic stay.

    Third, I have separated jointly filed spouses and had the bankruptcy continue with just one, but it's very confusing for the court, trustee, and of course, clerks. How it's done, procedurally, would vary based on local preferences of these people. Your attorney would know.

    Finally, the reason for separating yourself from a joint filing may be considered bad faith. You made the decision to file jointly. Peeling yourself off from the case just to get a new automatic stay for postpetition debt could draw an objection from the creditor and/or be frowned upon by the court and trustee, for exactly the reason you want to do it.

    In short, talk to your lawyer. If you are navigating these waters without an attorney, I strongly *strongly* urge you to consult with one immediately. We're generally nice people who just like helping folks who've gotten in trouble.

    I hope this helps, and do please remember to mark 'best answer' -- the attorneys at Avvo are not compensated, and Avvo tracks the feedback we receive.

    Good luck to you.

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  • Will I be able to declare Chapter 7 Bankruptcy in San Diego with a yearly salary - before taxes - of $125000.00?

    Married, 3 children under one roof, step-child and spouse occupying "in-laws" apartment on property and perhaps one step-child returning home from school to stay; until further notice. Currently rent our property, lost (walked away) a home in MI i...

    Hale’s Answer

    • Selected as best answer

    Short answer: probably not.

    Slightly longer answer: The means test is the gatekeeper to Chapter 7. It's not clear that you pass the means test, and missing is whether your wife is employed or not, making your income even higher than your comfortable salary.

    The safe answer is, probably not. While I have helped people who earn high incomes like you file Chapter 7, legally and ethically, you do not seem to fit that fact pattern. You have only one secured debt, no priority debt, no court-ordered domestic support. It certainly would seem that you have disposable income at the end of the month, after your reasonable expenses were paid. Of course, I could be wrong.

    Chapter 7 is really intended for those who have no ability to repay their debts. While you have a somewhat large household, the burden will be on you to show that you really cannot afford to repay your debts in a Chapter 13 bankruptcy. This needle can be thread, but again, the starting place with these facts is, probably not.

    Sit down and meet with an attorney. Some will perform the means test for you for a small fee. It's just a form, but like a tax return and other forms, completing it to maximize your chances of success requires experience and know-how. You might qualify for filing Chapter 7 bankruptcy; you might not.

    If you don't qualify, consider negotiating and settling your debts. Also consider Chapter 13, which provides a structured means to pay some or all of your debt back, but not necessarily all. Which is best for you? Meet with an attorney locally to go over your options, learn the pros-cons of each one, and get a suggestion for which is best for you.

    Good luck to you, and do remember to mark the "best answer." The attorneys at Avvo are not compensated, and Avvo keeps track on the feedback we receive. Thanks again.

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  • Can we switch attys in middle of chapter 13

    first we are unhappy with our it possible to get a new one...secondly i worked a yr on getting modification for home mortgage..was granted july 2012...trustee pyt not reduced yet!..just received a notice of modifying pyt..trustees offic...

    Hale’s Answer

    Yes, you can switch attorneys in the middle of a Chapter 13. Should you? Depends. First of all, are you sure your expectations about your plan payment going down are realistic? If you've cut your mortgage payment, you may have more money to pay back the Chapter 13 trustee, not less. Second, it's possible your lawyer isn't getting your messages. Have you written a letter?

    Finally, even if you have good grounds for switching, consider that the bulk of the work for the Chapter 13 has been done. The papers drafted, the budget proposed, court hearings attended, and presumably, the case is confirmed. A new attorney may have concerns about getting paid, and to do what work, exactly? Submitting a motion to modify your plan payment, as indicated above, may actually end up hurting you if your payment goes up.

    Maybe you should try to sit down with your attorney, and start with a polite letter asking for 20 or 30 minutes to go over things.

    I hope this helps, and good luck to you.

    Remember to mark "best answer."

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  • Is legal representation the right approach?

    My associatin raised the monthly dues for a short period of time. long story short..we were given the option to request a payment plans....i contacted them twice and faxed a notice they sent me stating that they never honored and requesting a pay...

    Hale’s Answer

    Seems like you had a contract.
    You breached the contract.
    They invited you to make an offer to catch up.
    You made an offer.
    They rejected the offer.

    They're under no obligation to work with you once you broke the deal.

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  • On the court summins there is no court date. Is the summons legal?

    There is no court date on the summons

    Hale’s Answer

    The absence of a court date, by itself, does not make the summons defective.

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  • The bank did not notify me of the garnishment order bank released the money i did not know of it tilli checked my balance witch

    i had no notification of this tranaction now my acct is0.00 bank manager said he did what he was required to do ,could decline to pay out the garnishment amount.

    Hale’s Answer

    You are not given you notice of a bank levy for the exact reason you'd want it: if you knew, you'd clear the account out. Due process requires that you were supposed to have received notice of the lawsuit, of the hearing, and of the judgment. Each of those triggers gave you a heads-up that your money and assets weren't safe, and typically get people to a bankruptcy attorney's office.

    If you received no notice at any stage of the litigation against you, perhaps you could set it aside or vacate judgment. Then again, the creditor may just serve you there in the courtroom and you'll be right back where you are today. Unless you really don't owe the money.

    Maybe consider sitting down and talking to an attorney who specializes in debt law. Good luck to you.

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  • Filing Chapter 7 Bankruptcy, I have a car with a loan attached that I would like to keep, how can I? See Details for my dilemma

    In 2006 I took out a auto loan and purchased a 1987 Porsche 928S4, the total loan was $13,050. In 2007 I defaulted due to losing my income. I couldn't pay and went through all collections proceedings until July 2009 when I entered in an agreement ...

    Hale’s Answer

    Vehicles are almost always secured debts. This might be a matter of semantics. Of course you list all debts, but in Chapter 7, with secured debts, you have to state your intention:

    * keep the collateral and reaffirm the debt and stay current on the loan
    * surrender the collateral and be done with the loan ("add it to the bankruptcy")
    * redeem the loan, which is like refinancing it

    I would be very surprised if your lender let you stop making payments, didn't insist on reaffirming the debt, and just let you keep the collateral. They're typically not in the business of handing out gift Porches to people.

    As an aside, you can maybe file Chapter 13 and "cram down" the loan to only the fair market value of the vehicle.

    Bottom line: if the bulk of your debt is a secured loan and secured loans for vehicles don't disappear in bankruptcy, maybe it's best to let sleeping dogs lie and just avoid bankruptcy. You might never get title, but at least you get to drive a sweet ride for $125/month. And get a second opinion.

    Good luck to you.

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  • Do you recommend that a person file a bankrupcty (in CA) if they are judgement-proof?

    I was laid off 6 months ago and have fallen seriously behind on all bills except rent(includes utilities) and phone, and my car pymts are only a little behind. So far nothing has gone to a collection agency. I had a perfect credit rating all my l...

    Hale’s Answer

    Bankruptcy is not good for everyone's situation. Do you have to file bankruptcy? Of course not. Can you? Yes. Should you? That's a question on you can decide, once you weigh the many factors.

    What are those factors? In my opinion:

    * your age
    * your earning history
    * your education background
    * your ability to handle stress
    * your desire for closure

    ...and others.

    You may be judgment-proof today, but depending on various factors, you may not be forever. If you land your dream job next year and no longer qualify for Chapter 7 bankruptcy, will you kick yourself? If you can't do a Chapter 7 bankruptcy later on, are you prepared to look over your shoulder for years, possibly decades? Judgments can be renewed and follow you.

    As an aside, keep up on those car payments if you want to keep it. Repossessions turn into deficiency balances, which can also become judgments.

    What should you do? I can't say. Sometimes, the cost of not filing bankruptcy can be greater than the cost of filing. See a lawyer and get your options, and then make a decision based on how you weigh the variables.

    Good luck to you.

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