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Janet Gutierrez

Janet Gutierrez’s Answers

220 total


  • My mortgage loan was not reaffirmed in a chapter 7. The mortgage co states discharged in bk. Can they foreclose if I don't pay?

    I did not reaffirm my mortgage in a chapter 7 bk, discharged in 1/2014. The mortgage company lists it on my credit as discharged in bankruptcy. And when they discuss this loan with me they state they are not trying to collect on a debt that has be...

    Janet’s Answer

    Of course they can! If we could keep our house for free just by filing a chapter 7 bankruptcy, every homeowner would file a chapter 7 bankruptcy. There is a distinction between personal liability and the lien. If you stop paying, the mortgage company can't come after you personally-- garnish wages or levy accounts, but they can AND WILL foreclose if you stop making payments.

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  • How do I know what is allowable/reasonable for expenses in Schedule J when filing a Chapter 7 bankruptcy?

    Are the Schedule J expenses the same as the IRS allowable living expense national standards?

    Janet’s Answer

    I agree that schedule J contains your actual expenses, but I'm glad you looked at the IRS standards before filing because I was once at a hearing where Judge Bowie told the debtor in another case, "that may be what you spend, but it is your decision to rent such an expensive apartment and drive such a fancy car. You may have the apartment and the car, but not at the expense of your creditors." in that case, the judge determined there was disposable income that could be used to pay creditors even though there technically wasn't.

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  • Can I file these amended forms with the Clerk's Office or do they need to be notarized first? Anything I need to do in addition?

    I have a fairly simple Chapter 7 case filed. I went to the 341 meeting but the Trustee said I needed to ament two parts; the Statement of Related Cases (I had a previous Chptr 7 12 years ago because of a medical situation) and my Schedule C (the p...

    Janet’s Answer

    Read this:
    http://www.cacb.uscourts.gov/sites/cacb/files/documents/forms/POS%20Instructions.pdf

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  • Still not paying on our 2nd mortgage after our CH7 discharge from 2 years ago, what are our options?

    We had a CH7 discharged 2 years ago. We have a second mortgage that we haven't paid on in 2.5 years that has a $95,000 balance. We have not had any communication with the lender. Would like to know what our options are and the repercussions that ...

    Janet’s Answer

    I recently met with someone who lost his home in foreclosure. He was current on the first but never paid his second. A few years later, when the property had equity, the second foreclosed. At that point he was so behind, his $85,000 2nd had turned into a $165,000 debt, so he couldn't file a chapter 13 to get caught up over the course of 5 years. I don't mean to frighten you, I just want you to know that it IS possible for a second to suddenly initiate foreclosure proceedings after being MIA for a very long time, so explore your options.

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  • BK-Chapter 7 - what can the trustee do for my failure to stipulate to an extension of time for him to file objections?

    I filed no assets chapter 7. At the meeting, the trustee thought I have too much in unsecured debts and he wants me to stipulate to extension of time allowed to object. He wants a 120-day extension, without prejudice for further extension. The sti...

    Janet’s Answer

    He will get that extension with or without your cooperation, so your refusal to sign is only going to make him have to do more work. I doubt he or she will be very considerate after that.

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  • Need to file bankruptcy.

    I have a brothers stuff in my garage that's valuable he is in jail can I use this as a asset I don't own a house or car but only collect social security

    Janet’s Answer

    I agree with the other attorneys' answers. There is no requirement that you own a certain amount of assets. Also, if your only source of income is from social security, you should still meet with a lawyer. Some of us charge substantially less in no-asset cases or where the debtor's income is below the median for a household of the same size. Also, some attorneys let you make monthly payments towards the retainer. Take advantage of a free consult.

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  • Can a lender refuse payments and foreclose during the 5-year CH13 period?

    Long story (posted in another question), but our HELOC lender is demanding payment in full and will not negotiate. If I file a CH13, I know the back-payments get spread over 5 years. What about the future (P&I) payments during the 5-year period?...

    Janet’s Answer

    Be careful and meet with an attorney. I just had a client who didn't pay his second mortgage for 9 years and the second foreclosed. By the time the client sought advice to file for bankruptcy the originally $85,000.00 loan with interest and past due balance was $163,000.00. He couldn't afford to pay the arrears over the course of 5 years and the second foreclosed. It didn't matter that he was current on the 1st. The more time you give yourself to explore other options, including a loan modification, the better. I also recently had a client in a similar situation but he came to me before a notice of trustee's sale was recorded and he got a loan modification. Time is of the essence with these cases.

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  • Which bankruptcy fits me?

    I have about $100,000 in credit card debts I cannot repay. I own a house and car both of which are free and clear and nothing more. Is it Chapter 7, 11, or 13? Thanks

    Janet’s Answer

    How much is your home worth? How much is your car worth? How old are you? Are you married and living with your spouse? Do you have any dependents?

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  • My landlord told me to 'get new living arrangements', so I did and now they say that I can't leave. What can I do?

    The HOA that runs our complex has been making our lives hell for the last 6months. Last month a man caught my wife outside our house when our little terrier got out and began screaming at her for allowing the dog out without a leashe. He threatene...

    Janet’s Answer

    It appears you were not served with a notice, correct? Do you want to move?

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  • Do I have any rights:foreclosure scam

    I have lived in my home for over fifty years. I went through financial hard times. House went into foreclosure. I met someone who said he could help.he said to sell home to him and I could live and pay him rent until he got the house back in my na...

    Janet’s Answer

    I agree that bankruptcy may be your best option. Contact the District Attorney's office regarding the mortgage scam.

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