Archived
We started discussing Chapter 7 with an attorney last year, and provided him data several months ago. He missed an exemption?
Bruce's answer
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Answered on August 15, 2011
You could claim malpractice against the attorney, but I doubt that the case you have is particularly strong. Attorneys are not necessarily...
Archived
Can I sue a former employee for the balance due on a personal loan the compnay made to him?
Bruce's answer
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Answered on August 13, 2011
You should be able to collect the loan to the former employee. There are two issues associated with your claim:
1. If the loan was a verbal...
Archived
My chapter 7 bankruptcey was discharged in 2009. My LOC was discharged at that time.
Bruce's answer
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Answered on August 13, 2011
Generally, lines of credit are secured by real estate of the debtor. In some instances they are not secured.
If the line of credit was a...
Archived
Can I still file bankruptcy after I received the summon letter?
Bruce's answer
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Answered on August 13, 2011
Being served with a summons and complaint is the initial process the creditor has to do in order to obtain a judgment against you. You have to...
Archived
Will it affect the second owner on the house if I file bankruptcy?
Bruce's answer
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Answered on August 13, 2011
The filing of a Bankruptcy case by you will only affect your credit score and will have no affect on the second owner. A BK case is reported under...
Archived
My mortgage was discharged 2 years ago and Bank of America will not take title of the home and remove me from the title.
Bruce's answer
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Answered on August 12, 2011
HOA dues continue to be your liability until B of A forecloses upon the property and removes your name from title.
Unfortunately, there is...
Archived
CH7 filed, auto loan, sold vehicle to friend over 1 yr ago, no title transfer, pmnts current, can I reaffirm?
Bruce's answer
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Answered on August 12, 2011
The decision to reaffirm a debt is made by the debtor upon the creditor offering them the opportunity to do so. If the payments are current their...
How do I file a motion to dismiss a judgement lien in my primary property? What form do I need to submit?
Bruce's answer
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Answered on August 12, 2011
Generally, stripping off a judgment lien against real property is not permitted in a Chapter 7 proceeding. However, in a Chapter 13 proceeding you...
Archived
I was served a citation to answer questions about a credit card debt that I cannot pay. They will put a judgement on me.
Bruce's answer
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Answered on August 10, 2011
Please clarify what you question is. Also clarify the facts.
It sounds like you were served with request for admissions in a collection case...
Archived
Can the state of California attach my social security check for restitution under the Mandatory Victims Restitution Act
Bruce's answer
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Answered on August 10, 2011
Generally, the first $2875 of a deposit account with direct payment of social security is exempt from enforcement of judgment. See CA Code of...
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