The court awared attoreny fees in my case t the defendant, if I file Ch. 13 does this protect me from paying this when I cannt afford the debt?
Losing an anti-SLAPP motion and as a result owing atty fees to the other side must fall into one of the so-called bankruptcy crimes enumerated at 11 USC §523 in order to be non-dischargeable. Look that section over to see if any of the facts in the anti-SLAPP matter fit. Better yet, find/contact/hire an Avvo BK lawyer by clicking the tab "Find a Lawyer". Some offer a free consultation by phone or in person. Good luck to you.See question
I need help finding a bankruptcy attorney. One that won't take my $ and run. In unsure if I should file chapter 11 or 13.
I recommend D.J. Rausa in San Diego. He is highly qualified and has good ratings on AVVO. You won't be disappointed.See question
I have received a huge bill from the City of San Diego claiming I owe back TOT Occupancy taxes on my Airbnb. No break down or explanation was given just a large bill also at this moment City Attorney for SD has made it law that Airbnb's are illega...
You should immediately contact a SD area BK lawyer. I recommend D.J. Rausa as one of the best. He will confirm that the debts you describe are most likely dischargeable.See question
If I file suit for an "Unlawful Detainer", will the defendant have time to protect his assets under BK Statues by filing Bankruptcy before the "UD" case goes to Trial and Judgment has been handed down?
Yes. The filing of the BK petition automatically stays any pending lawsuits, judgment enforcement, and all legal proceeding of any kind unless and until the creditor seeks and obtains an order from the BK court lifting the automatic stay. You might say BK is the "mother of all defenses" (MOAD).See question
We obtained a SBA Loan and defaulted on it. We tried to settle with them hiring an attorney that did not adequatly due us justice and the debt was transferred to The Dept of Treasury which was being collected thru a company called Pioneer. We ha...
Generally, debts owed to or guaranteed by the US Government are not dischargeable. That said, click the Avvo tab "Find a Lawyer" and find/consult/hire a BK lawyer. Some offer a free consultation by phone or in person. Take us up on it.See question
I was served a wage garnishment from the apartments are used to live in 12 years ago they serve me with an unlawful detainer sued me for one and one now they want to wait garnishment on me on my wages if I claim bankruptcy will it stop it
More information is needed to give you accurate advice. That said, generally, money judgments are dischargeable if you file Chapter 7. Find/consult/hire an experienced Avvo BK atty by clicking the tab "Find a Lawyer". Some of us offer a free consultation by phone or in person. Take us up on it. You should not play attorney and try this yourself. It is too far advanced.See question
My neighbor did improvements to an ingress and egress that he owns but we do not. He is suing me for a portion of the improvements. I do not own any portion of the easement. The chapter 13 is in progress has not been approved nor discharged.
The answer is: it depends. If the dispute was in existence before you filed the 13, the automatic stay may protect you. If the amount was not known you likely did not include it in your 13. Undisclosed creditors do not get notified of your 13. You may have to amend your 13 to include the debt in your Plan. If everything arose after you filed your 13, the debt is considered "post-petition" and the automatic stay does not protect you. What does your attorney say? No attorney? Big mistake. According to statistics from the US Dept of Justice, almost all non-lawyer 13s are dismissed, wasting your time and the court's time.See question
I received a court summons on a credit card debt last year and nothing has happened? I spoke to them a few times last year about my options and they said they would get back to me and they never did. Is the statue of limitations on being sued by a...
If you were served a Summons a year ago, it is unlikely "nothing has happened" As said by my colleagues, you have 30 days after service to file a proper response with the court. If you don't, the creditor can take a default judgment against you. If that happened you are supposed to receive some add'l forms in the mail stating the creditor is taking a default judgment against you. If you get the case number you can go on line to the courthouse where the case was filed and look at the court docket. That will tell you the status of the case. If this answer is helpful, please give feedback to Avvo.See question
I was divorced in Nov., 2015. Since then I went into depression, made some bad decisions and throughout 2016 tried to gain financially through gambling. A total disaster. I have exhausted my savings, and have $129. to my name. I have a credit card...
One option to consider seriously is filing for bankruptcy under Chapter 7. Some lawyers will help you for a reduced fee. Click the Avvo tab "Find a Lawyer". The bankruptcy courts also offer help via legal clinics hosting pro bono or reduced fee lawyers. Check with the bankruptcy court in your area for details. I think you would want to contact the Bankruptcy Court in Riverside or possibly San Diego. I know for a fact that the Riverside court hosts free seminars on doing your own case. If you qualify, you may also get a fee waiver for the $335 filing fee. Good luck to you. This is not the end of your financial world. All things can be "fixed" including your situation. God bless.See question
An Unscrupulous Businessman is using the Legal System to protect his assets via Bankruptcy before being sued with an "Unlawful Detainer" after NON PAYMENT of 8 months BACK RENT so that he may not have to pay anything and get away scott free.
During my 41 years as a lawyer, I have not come across any strategy allowing a landlord to "freeze" assets which "freeze" could survive a BK. The remedy of pre-judgment attachment of assets is available to a creditor is dissolved upon your debtor filing BK. Sorry.See question