Archived
Do I need to list my wife's property, loan for the property, and promissory note for the property under my chapter 7 bk?
Michael's answer
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Answered on September 22, 2017
You need to be careful with this. There is a presumption that assets acquired during marriage are community property, and the deed showing her...
Archived
Can my home be leined by companies dismissed in bankruptcy
?
Michael's answer
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Answered on September 11, 2017
A bankruptcy discharge is a permanent court order forgiving debts. A lien is a collection method. Debts discharged in bankruptcy are no longer...
Can Rent A Center press criminal charges against me in California for not returning their merchandise ?
Michael's answer
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Answered on August 19, 2017
Only a district attorney can pursue criminal charges. In my 25 years as a bankruptcy lawyer I have not seen criminal charges for failure to return...
In a Chapter 13 can I as a creditor request a certain amount of payment, and how do I do that? Can I do it on pleading paper?
Michael's answer
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Answered on August 19, 2017
You'll need to file a proof of claim, an official form, with the court. What you will get and when is complicated because there's a legal priority...
Archived
I file a chapter 7 bk and it has not been discharged yet can I add my three day pay or quit?
Michael's answer
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Answered on June 07, 2017
The bankruptcy laws allow you to amend the papers to include debts that arose prior to the filing of bankruptcy. This can include rent that came...
Archived
My bankruptcy was dismissed can I just call my debitors to set up payments instead of refiling?
Michael's answer
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Answered on June 02, 2017
Yes, you can contact your creditors directly and that might be the best choice. Often creditors agree to settle for a reduced sum. Note: the...
Archived
Can I file chapter bankruptcy if I only have a tax id number TIN and not a social security card?
Michael's answer
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Answered on May 30, 2017
The short answer is yes. In addition, you will need valid government issued picture ID but in California you can that from the Dept or Motor...
My ex husband filed a ch.7 bankruptcy and he included my house that is solely in my name,is that legal?
Michael's answer
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Answered on May 25, 2017
This is tricky because the bankruptcy laws require that he include all assets. If he is claiming a community property interest in the house, he...
Archived
Want 2 file chapter 7 but I sold my car to my sister about a month ago. Sold for fair price of $4k; Will this be a problem? Fix?
Michael's answer
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Answered on May 09, 2017
The key is that you sold the car for a fair price. Often people in dire financial straits sell things to pay bills, and that is not in and of...
Archived
If I claim bankruptcy will it clear and earnings withholding order served from an old apartment complex that I rented from 12 ye
Michael's answer
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Answered on April 14, 2017
Bankruptcy law is federal, and it supersedes state law which means it will can stop a garnishment. In fact, lawsuits and garnishments are the most...
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