Questions answered by Oxana V Kozlov

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In a chapter 13 bankruptcy, is an order lifting the automatic stay so a house can be sold, an In Rem order?

Oxana's answer | Answered on August 11, 2012

If I undesrand your question correctly, "in rem" order means that it applies to any subsequent bankruptcy involvig this property regardless of who...

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I invested in a Mortgage Fund. They filed Chapter11. I withdrew my balance & closed my account before they went bankrupt.

Oxana's answer | Answered on August 11, 2012

Without knowing more details, the answer is no - this does not look like a preferential transfer (unless those 5% could be charged by the fund for...

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When do they take my surrendered car?

Oxana's answer | Answered on August 11, 2012

Technically under BK code you have to surrender your vehicle 30 days after you indicated your intent to surrender in your B 8 (Statement of Intent)...

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Notice in Bankruptcy

Oxana's answer | Answered on August 11, 2012

So how did you learn about BK? SInce you are on notice, you are on notice, whether it was formal or informal and BK code automatic stay provisions...

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Usury

Oxana's answer | Answered on August 01, 2012

Usury is one area of law that requires careful legal analysis. 15% would be in violation of the usury law limits nowadays, however, there is a...

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Which statute covers the wildcard exemption and can I exempt any personal property within its limits?

Oxana's answer | Answered on August 01, 2012

There are two sets of exemtions you can chose from in CA. Based on the information you provided it looks like you will be able to use the wildcard...

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Can I walk away from a mortgage that was not reaffirmed but was modified after chapter 7?

Oxana's answer | Answered on July 28, 2012

You did discharge your personal obligation on the second in your prior BK so the only redress the second has is against the property. If the first...

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If I file Chapter 13 bankruptcy but find myself unable to make the payments, can I then refile for Chapter 11 bankruptcy?

Oxana's answer | Answered on July 20, 2012

I agree with prior responses that Ch 11 is definitely not a solution for someone with limited means, but to answer your question on a purely...

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Bankruptcy California chapter 7; Does CCP 703.140(b)(11)(C) exempt life insurance proceeds of a widow. Dependent requirement?

Oxana's answer | Answered on July 19, 2012

In CA the ansfwer is it depends. Are you talking about a substantial lump sum payment? In what amount?

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What should I do about my attorney who has already taken between $22,600 and $25,000 and refuses to answer my questions?

Oxana's answer | Answered on July 14, 2012

I would check your court's website for Guidelines re Attorney's compensation in Ch 13s. There are very clear limits on how much the attorney can...

Oxana V Kozlov's Answers (30)

In a chapter 13 bankruptcy, is an order lifting the automatic stay so a house can be sold, an In Rem order?

I invested in a Mortgage Fund. They filed Chapter11. I withdrew my balance & closed my account before they went bankrupt.

When do they take my surrendered car?

Notice in Bankruptcy

Usury

Which statute covers the wildcard exemption and can I exempt any personal property within its limits?

Can I walk away from a mortgage that was not reaffirmed but was modified after chapter 7?

If I file Chapter 13 bankruptcy but find myself unable to make the payments, can I then refile for Chapter 11 bankruptcy?

Bankruptcy California chapter 7; Does CCP 703.140(b)(11)(C) exempt life insurance proceeds of a widow. Dependent requirement?

What should I do about my attorney who has already taken between $22,600 and $25,000 and refuses to answer my questions?