Archived
Which CA exemption should be used in a Chapter 7 if there is no home ownership but there is a pending personal injury claim?
Eric's answer
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Answered on December 21, 2016
Under §703, the personal injury exemption is limited to $26,800. Under §704, it extends to "the extent necessary for the support of [the debtor...
Archived
Can I go to jail for not paying a debt if the company is going to be suing me?
Eric's answer
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Answered on December 21, 2016
No, you cannot go to jail for not paying a debt. Defaulting on a debt is not a crime. The creditor can file a civil lawsuit against you for not...
Archived
Should I file for post confirmation amended bankruptcy plan?
Eric's answer
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Answered on December 21, 2016
You are mixing apples and oranges here. In Chapter 13, all the exemption analysis asks is, if you were in a hypothetical Chapter 7, would the...
What is the best way to handle a debt collector if I am being sued by Wells Fargo for credit card debt which I cannot pay now?
Eric's answer
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Answered on December 20, 2016
I would be very wary of letters like these. They are from debt collectors pretending that they want to help you, and creating a false sense of...
Archived
Should i file for bankruptcy?
Eric's answer
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Answered on December 20, 2016
Your situation sounds like one I frequently hear from clients. $30,000 in unsecured debt is around the threshold where it starts to become...
Archived
How can I get more time to avoid a judgement for not paying cc debt? Filing BR but can't do it before deadline this week
Eric's answer
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Answered on December 14, 2016
You can file an answer/general denial, which would prevent BOA from getting a default. If you can't afford the the filing fee, apply for a fee...
Archived
How do I fight an over payment and benefit disqualification with EDD?
Eric's answer
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Answered on December 11, 2016
Even though this is a relatively small amount, something to keep in mind is that it would be potentially dischargeable in a bankruptcy case. SO if...
What is the difference between a general denial and an answer when responding to a creditors lawsuit?..
Eric's answer
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Answered on December 11, 2016
The difference between answer and general denial is that a general denial is one type of answer. You are generally denying the allegations made in...
Archived
If a credit card company sued me for not paying, does the statute of limitations still apply?
Eric's answer
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Answered on December 11, 2016
By suing you within 4 years, the one credit card company satisfied the statute of limitations. Their judgment is good for 10 years, and it can be...
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