What is the next move of a creditor in the Chapter 11 proceeding if debtor fails to appear to Rule 2004 examination?

The part who requested the hearing could seek a contempt citation for failure to appear. However, the part who sought a protective order should...

Does my wife's income get considered for Chapter 13 plan purposes when we are separated and she already got a discharge?

No, provided you are truly seperated . According to California Family Code a separation Occurrs when their is no intent to reconcile. The...

I need to file for "undue hardship" to get my private and federal loans discharged. What is the correct way, chapter 7 or 13?

I agree with all of the previous answers. In order to discharge student loans you MUST file an adversarial complaint against the creditor of the...

Can I stop a trustee sale in a day.

The lien will remain on the property unless you take additional steps to have the lien removed. The filing of your case stops any sale of your...

Does the Trustee in a discharged bankruptcy case automatically become plaintiff in a lawsuit or can they elect to abandon?

Yes, they can abandon the case if their is no benefit to the bankruptcy estate. Or you can file a motion to abandon to force the issue of no...

My dad filed for bankruptcy in 2012 my question is... will he be able to co-sign on a car for me?

Yes he can. However, unless he built up his credit he may be a hindrance rather than a help. Jonathan Leventhal, Esq.. Leventhal Law Group,...

Bankruptcy chapter 7

Cool and hip I'd for a singer and dancer. Get an experienced attorney. Jonathan Leventhal, Esq.. Leventhal Law Group, P.C. 818-347-5800 NO...

Do I owe money for a loan I took on life insurance that was discharged by 2009 bankruptcy?

Yes, because it is guaranteed by the underlying policy. You essentially borrowed money from yourself. Jonathan Leventhal, Esq.. Leventhal Law...

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I want to file for bankruptcy. I don't have a car and can't get down to the federal courthouse in Los Angeles. My bankrutpcy

No Jonathan Leventhal, Esq.. Leventhal Law Group, P.C. 818-347-5800 This email and any attachments thereto may contain private, confidential,...

Can my lawyer withdraw?

Yes, but only with the courts permission. Generally the court will hold a hearing on the matter. You would be able to give the court your...