I sued personally a couple whose out of house business did damage to my home on a job they performed. The judge found them at fault and awarded me $2500 plus all costs. The husband is the contractor/worker and the wife is the books and advises. Th...
Before you do ANYTHING else, talk to a bankruptcy attorney with experience representing creditors. You are making a very risky assumption that the bankruptcy doesn't cover you judgment. if the facts giving rise to your claim occurred before they filed for BK, then it IS covered. if you are found to be in violation of the automatic stay or discharge order, you could be held in contempt of court and paying thousands in fines and legal fees.See question
My judgement is for $3305 , the notarized copy says that includes court fees. So far I've paid in $3792 and the court is saying I still owe hundreds more to total $4305. The attorney has only received around $2900. There's $827 not sent to the att...
Well, it sounds like you haven't spoken with the woman at he court who enters the payments. Call her and find out what she says. it sounds like the attorney for the judgment creditor can't help you because they only received the $2900. Also, judgments accrue interested an thus you might have owed more hhan $3305 to start with depending on how long it was before you started paying. A judgment accruing interested at 10% can double in 10 years.
If available, perhaps a motion to deem the judgment satisfied can bring the matter to the attention of the judge for a decision on whether you owe more or not.See question
I honestly forgot was not trying to defraud anyone
People make mistakes, but you should be okay if you correct the mistake promptly. Contact your attorney to discuss this and get the amendments filed and served. if you don't have one, get one to help you.See question
Previous civil case is closed - default judgment entered against me Sept 2014 in Santa Clara County for 227k Judgment creditor files Notice of Lien in my Divorce Fam. Court in Alameda County in May 2015. Family Court order sale of marital resid...
You have to get the original judgment vacated. Whether or not you think the default judgment is void is completely irrelevant. A default judgment has the the same legal effect as if you had gone to trial. The judgment isn't void until a judge says so.See question
I had asked about paying my loan in full, yet they said I was too late.I called the day of sale, they said I was too late even though I have payoff quote dated valid until the day of sale.So how can I be too late??
Your right of reinstatement expired 5 day before the sale. They might have given you a payoff quote as a courtesy, but that doesn't mean they are legally required to take you money. People use this as a delay tactic all the time, so asking for a quote at the last minute doesn't reinstate your rights.
You might consider hiring an attorney see if there were any legal defects in the way they handled the foreclosure process and perhaps you can file a lawsuit to reverse the foreclosure, but I have a feeling that the train might have left the station without you.See question
Married spouse is disabled we own our home - how much equity can we have to file for bk chapter 7
You probably qualify for the $175,000 exemption under C.C.P Section 704.730(a). This exemption amount is available to anyone who has a physical or mental disability, and as a result cannot engage in substantial gainful employment. If you spouse is qualified for Social Security disability, he or she is presumed to be qualified for this exemption. If he or she has not applied for or received Social Security disability or private disability insurance benefits, your spouse may qualify for this exemption if one of the treating doctors provides a statement of the diagnosis and the opinion that your spouse is unable to work.
The high homestead exemption does come with a cost. The vehicle exemption that goes with it is not great. You should consult an experienced bankruptcy attorney for further assistance.See question
I'm in a confirmed chapter 13 and I would like to get into a Chapter 7...how do I do that ? I only have $5000 left in my chapter 13 ...should I go to a Chapter 7 or stay in chptr 13?
The paperwork to convert from a Chapter 13 to a Chapter 7 is pretty simple. However, it seems odd that you would want to convert so close to being done. You should discuss this with a qualified attorney to learn about the potential consequences. There are things you can do in a Chapter 13 that can't be done in a 7 and you might be losing some of those benefits if you convert.See question
My husband and I are in the process of buying house, its a for sale by owner, BIG mistake. we have been approved for the loan however the title company discovered that the seller has the house up for collateral on a loan, we need to close by March...
Shouldn't your escrow company and your lender be paying off the seller's loan through the escrow process? That's why you have title insurance...to identify this issues and deal wit them before closing.See question
How can I get my suspended corporation dissolved without having to first revive it and paying FTB $800/year since incorporating? I was suspended by both California SOS and the FTB. I never used the corporate tax ID or opened a checking account o...
You can't dissolve it until you get it out of suspension status. You won't get it out of suspension status until you get the corporate returns filed and all taxes paid. And while you haven't made any money, the $800 annual fee is still a tax the corporation would have to pay to get reinstated.
I've never heard of the FTB trying to hold shareholders personally responsible for the $800 yearly fee, so you should be able to get away with just letting it stay suspended. The Secretary of State will eventually cancel the entity and you can always for a new entity if want to incorporate for tax or asset protection reasons.See question
I filed Ch 7 and was discharged in 2007, balance of car loan was included and I expected lender to retrieve vehicle, after 10 years I still am in possession of the vehicle, and original lender no longer exist and was taken over by a new company, w...
Section 522(f) definitetly does not apply to our situation. I think the DMV was trying tell you about filed a motion to redeem the vehicle under Section 722 of the Bankruptcy Court. A redemption means you are buying the car for fair market value instead of what you owe on it. I don't have enough information to know if you qualified for redemption back in 2007 and the cost of filing a motion to reopen the bankrupctcy case and then file a redemption motion under 772 would cost far more than the $500 value fo the vehicle. Would a judge allow a redemtion 10 years later/ Unknown.
As another attorney suggested, you can keep driing the vehicle. However, you'll most likely never be able to trade it in.
One finaly suggestion...see a local banklruptcy to see if the lienholder's actions might be a discharge violation. Under GMAC v. Pratt: http://www.bankruptcylawnetwork.com/what-happens-when-a-lender-refuses-to-repossess-a-vehicle-surrendered-in-a-bankruptcy/See question