Archived
Motion for Contested matter in BK13 or a separate AP (adversary proceeding ) necessary if it is to determine the property?
Cindy's answer
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Answered on June 26, 2019
Without knowing the specific fraud, I'd be inclined to think an adversary action would be required to tp determine title to the property. You...
Archived
Husband files for BK13 (only for him). Wife's car just broke down 2 weeks ago. Can she/he buy car or Trustee should approve?
Cindy's answer
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Answered on June 26, 2019
Assuming the car is a community asset, attorney Graham is correct. If wife can purchase the car with her own assets, and not require financing,...
In a California chapter 7 bankruptcy, can I claim a homestead exemption on my RV motorhome. It is where I live and have no othe?
Cindy's answer
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Answered on June 24, 2019
You can assert a homestead in dwellings other than real estate, so yes, the RV may qualify, but you should review your situation with an...
Archived
Chapter 7 bankruptcy in California. If I gave or loaned money to my adult child, how much time has to pass for it not to matter?
Cindy's answer
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Answered on June 24, 2019
If it was a gift, in California some of it may depend on your financial situation when you made the gift. You would need to sit down with an...
Archived
Do I need a lawyer to sign a reaffirmation agreement ?
Cindy's answer
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Answered on June 24, 2019
Reaffirmations have significant repercussions if they are entered into or not. Your attorney should be able to discuss those with you. It may be...
Archived
Buying a used car before filing chapter 7?
Cindy's answer
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Answered on June 24, 2019
As a general rule in California, the purchase of a $3000 vehicle is not going to cause problems, so long as you can show where the funds came from....
Archived
My chapter 7 bankruptcy was re-opened on 5/26/19 to include a med mal lawsuit for alleged negligence prior to initial filing.
Cindy's answer
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Answered on June 22, 2019
1st, what does your lawyer say? 2d, the reopening of the case does not renew the stay, so the question becomes what happens with the med mal...
Archived
Would the trustee ask about the settlement from 2 years ago for a chapter 7 bankruptcy?
Cindy's answer
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Answered on June 21, 2019
The statement of financial affairs question 4 asks about lawsuits in which you were involved iwithin the past 12 months. If the lawsuit was...
Archived
What is graduated payment plan in chapter 13 BK? Do I have to pay off my $100K Superior Court judgment debt in full ?
Cindy's answer
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Answered on June 21, 2019
All of these questions and others would be answered if you would consult with a local experienced bankruptcy attorney. Most offer a free initial...
How long does it take for a trustee to approve paper work from a attorney
Cindy's answer
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Answered on June 20, 2019
Your attorney would have a better idea, but even he can only give you a ball park. Even if we knew what the settlement agreement entailed and what...
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