Archived
I have received two requests for entry of default, but will file chapter 7 in upcoming months. Do I need to file sooner?
Catherine's answer
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Answered on August 22, 2016
Once the creditor has a judgment they may collect on the debt by filing liens against any real property or on personal property such as an...
Chapter 7 discharged and case closed in CA. Now I want to rescind my reaffirmation agreement on my car. Been 30 days since filed
Catherine's answer
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Answered on August 22, 2016
You have 60 days after the agreement is filed with the court or at any time prior to discharge, whichever occurs later by giving notice of...
Archived
How should I file for bankruptcy because of credit cards ?
Catherine's answer
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Answered on August 22, 2016
Criminal lawsuits are usually some form of government entity against the individual i.e. the people vs. the questioner. You have stated that...
Archived
Are there any Bankruptcy Attorney's for Creditors
Catherine's answer
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Answered on August 22, 2016
What chapter is the bankruptcy? It sounds like the first thing you would like is for your debt to survive the bankruptcy discharge. If the debtor...
Archived
How can a default judgment from an out-of-state lawsuit be collected if the defendant lives in CA?
Catherine's answer
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Answered on August 18, 2016
The judgement creditor can request a sister state judgment from a California court then proceed with collection actions which include levying bank...
Archived
Similar to previously asked question - "What happens if none of my creditors file a proof of claim?"
Catherine's answer
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Answered on August 16, 2016
Can you file a request for discharge? Do you have other debts that are paid through the plan such as attorney fees? You must pay off any secured...
Archived
I hired a lawyer to file for Bankruptcy. They are telling me now I can't file for the BK courts fee waiver ????
Catherine's answer
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Answered on August 16, 2016
You qualify to have the fee waived if your income is less than 150% of the official poverty line for a family your size. You may ask to have the...
Archived
Requesting to stay/hold on the chapter 13 case while related adversary proceeding is on appeal to a district court? yes/no?
Catherine's answer
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Answered on August 16, 2016
This is a great case for 'know your judge'. I am not from the Fremont Area so I can only respond as to what I would do in the Central District of...
Archived
Tenant files Chapter 13 after landlord obtained eviction judgement
Catherine's answer
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Answered on August 15, 2016
The landlord may proceed with eviction 30 days after the petition date due to the Debtor failure to provide with the petition, a declaration in...
Archived
Can a party in a civil action 3 weeks before trial filed for bankruptcy and does this stop the trial?
Catherine's answer
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Answered on August 12, 2016
If you are the plaintiff, yes. You will need to file a Motion for Relief from Stay in the Defendants bankruptcy if you want to continue on to...
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