Chapter 7 in CA. Uncle just died. Aunt wants to file 7. Just received life insurance $. Can she file? How will court look at $?

Life insurance proceeds are just considered another asset in the bankruptcy estate. You will also have to tell the Trustee at the creditor's...

What is debtor’s examination?

Yes, you can file a Chapter 7 before the examination date. Once the creditor receives notice of the pending bankruptcy, they should cancel the...

Entry to default

You should call the clerk immediately and find out if your answer was received and entered on the docket. If not, alert the clerk and let her know...

The requirement of initial disclosures may be waived if the amount in controversy is under $15,000. Check your status conference order to see what...

What is the best way to obtain a business levy with a writ of execution?

First, you need a judgment against the business and a writ of execution. Then you must consult the sheriff's office for the county in which the...

I have been sued and the plaintiff is claiming "willful and malicious" injury. How is this handled in bankruptcy?

If you file for bankruptcy, the plaintiff will have to file an adversary proceeding in your bankruptcy case no later than 60 days of the first...

Can I discharge my government backing student loan? If so, through chapter 7 or chapter 13?

Student loans are non-dischargeable debts under 11 U.S.C. 523(a)(8) under ANY bankruptcy chapter (including 7 and 13). The statute does allow for...

Wage Garnishment. I was notified by employer on 11/4. I called all the phone numbers stated in the document sent to my employe

You should request and review the court's docket for the underlying civil case. The case number and court will be on the wage garnishment forms...

Are good standing credit card accounts involved in a bankruptcy?

All accounts, whether current or not, must be listed in your bankruptcy schedules. Failure to list any creditors may result in the creditor being...