Can a debt collector subpoena my bank for deposition to get my account details to find employer information?
Malcolm's answer
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Answered on January 25, 2019
Avvo tells me that you selected me to answer this question. However, I'm a bankruptcy lawyer, not a debt-collection lawsuit-defender attorney. so...
Archived
Judgement in Fla
Malcolm's answer
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Answered on December 22, 2018
I must not be understanding something. If you filed your Chapter 7 after that court judgment against you, and you got a discharge of debts, you...
Do I have to inform trustee about job change and can I move after 341 meeting ?
Malcolm's answer
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Answered on December 07, 2018
In the normal Chapter 7 case, after the 341 if nothing more it requested by the trustee, you have no duty to report changed income. Do be sure to...
Archived
Chapter 7. I listed home too high? a problem with the exemption
Should I amend?
Malcolm's answer
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Answered on December 03, 2018
Your California homestead exemption would be $175,000. Which means that as listed, you couldn't fully exempt your equity in the home ($600,000 -...
Should you file bankruptcy before a lawsuit or after ?
Malcolm's answer
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Answered on November 18, 2018
As others have said, and I'll emphasize, DO get a consultation with an experienced bankruptcy attorney in your area. Then you'll know what the best...
Archived
Can student loans now be discharged when filing bankruptcy ?
Malcolm's answer
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Answered on November 08, 2018
It is as difficult as ever to discharge student loans, and from what you said there would be no chance of getting yours discharged. Regarding...
Archived
Can I include student loans and personal federal taxes in a bankruptcy? Can I keep my car if I file bankruptcy?
Malcolm's answer
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Answered on October 23, 2018
I'll summarize what the others said, which is get a consultation with an experienced bankruptcy attorney in your area. That's the way to get an...
Archived
Does chap 7 bankruptcy cover parking tickets that have gone to collections with the State of California Tax Franchise Board?
Malcolm's answer
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Answered on September 03, 2018
Most California court decisions I've seen hold that parking tickets are government penalties and are therefore not dischargeable in Chapter 7.
Archived
Can I recover on lawsuits I win after I file a chapter 7?
Malcolm's answer
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Answered on September 02, 2018
You would need to list that claim as an asset in your Chapter 7 filing, along with whatever exemption (protection) you want to assert for it. So...
Archived
What can I do if my bankruptcy attorney was ineffective?
Malcolm's answer
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Answered on August 20, 2018
You should contact the California State Bar and also an attorney who handles attorney malpractice cases for plaintiffs (you). A malpractice...
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