Chapter 11 - does it make a difference if we file before or after Notice of Sales?

Wow, this is a loaded question. I'll try my best to help you out. One of the first things I determine with my clients is the number of people...

Unanswered Qualified Written Request.

this is a great question! They have 20 days to acknowledge and 60 days to respond. The law allow for damages UP TO $1,000 and reasonable attorney...

Is there a law stating a lender can not accept monies from a borrower and a buyer at the same time in Calif.

In California, a mortgage note will likely contain a "acceleration" clause. What this means is that the lender can demand the full principal upon...

How can I protect EDD funds from being frozen or seized by BofA? They are a creditor and I have filed a Chapter 7.

There are exemptions allowed under the code for specific property. You will need to ask your attorney to apply the proper exemptions. The...

How do i get my money back from a debt settlement company?

The best thing to do is write them a letter requesting a refund. Make sure to send via certified mail for tracking purposes. also, review...

Is it legal for a landlord to add an extra room to his house?

This is a tricky question. Our firm has assisted others in the past with similar real estate issues. The guiding force will be the written...

Post foreclosure / 2nd TD

Unfortunately in today's economy, many Americans are in the same position. The reason the 2nd lender is suing is likely because the foreclosure...

Can I spend non-exempt cash prior to filing Chapter 7 in Calif?

Good question. In bankruptcy you will be assigned a Trustee. Their role is to preserve the integrity of the system. They follow strict code and...

Should I reaffirm the car loan with the bank that I cosigned on for for my ex-husband? What are my options in the bankruptcy?

If you sign a reaffirmation agreement you will be on the hook for any future default. Most lenders allow the debtor to retain the vehicle as long...

It may not be quickly ascertainable as to who is the "note" holder of your mortgage. You can use a Qualified Written Request (also QWR) under...