California Bankruptcy Legal Questions

Your facts are a bit confusing.  You state that you have a "second balance" on your home of $3,200.  That is not helpful by itself.     What is the current fair market value of your home?  How much is owed to the first mortgage?   You say you have "almost full equity".  Does that mean there is equity above you homestead exemption?   It's really not clear from your facts. If in fact you are judgment-proof then you don't need to file bankruptcy, although it is certainly a way to eliminate the harassment of creditors and prevent you from having to prove that the funds in your bank accounts are solely social security (and, therefore, protected).   Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau. CONTACT MARK for more information or to schedule an appointment.   ... Read Answer

I cannot advocate for you if you are already represented by counsel, but I'm happy to go over your situation with you and give you my advice and answer any questions you have.  My rate is $450 per hour.  If you're interested, just follow the link below to contact me. Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau. CONTACT MARK for more information or to schedule an appointment.   ... Read Answer

Hi Kim, I can't really answer your questions without knowing why your case was closed without you receiving a discharge.  Was there a complaint filed objecting to your discharge?  Was it closed without discharge because you failed to file the required form for your post-filing financial management course?   I don't understand your comments about your "primary property". You really need to consult with a bankruptcy attorney who can get all the facts of your situation in order to resolve your issues.  My contact information appears below should you decide to have a consult. Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau. CONTACT MARK for more information or to schedule an appointment.     ... Read Answer

Speak with an experienced BK lawyer face to face. There is not enough information here to hazard a guess. Be willing to pay for one hour of their time. Free consultations are typically 15 minutes with no specific information (very general and very generic). You need hard information so you can make an intelligent decision. Now is not the time to skimp.... Read Answer

My advice is that you have a consultation with a bankruptcy attorney in the area where the bankruptcy case is filed. Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau. CONTACT MARK for more information or to schedule an appointment.   ... Read Answer

If you own any real property in the county in which the lien was recorded, then the lien attaches to that property.  It may be possible to remove that lien in a bankruptcy case, but it depends on the numbers (the value of the property, amount of the lien, and amount of all other liens against the property). If you wish to settle with the creditor and have them remove the lien, then yes contacting them would be a good first step. Depending on the amounts involved, I would suggest having a consultation with a bankruptcy attorney to explore your options. Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau. CONTACT MARK for more information or to schedule an appointment.         ... Read Answer

I'm sorry, but your question is far too vague to answer. Who sent your Uncle this notice?  What is it your uncle is supposed to object to?  Who is seeking the objection?  What Chapter of bankruptcy did he file?  Did he receive a discharge? We need far more facts to even begin to understand what you're trying to ask.... Read Answer

If you're asking whether a debt that has been reduced to judgment is dischargeable in bankruptcy, the answer is yes--as long as it is a dischargeable debt (i.e. one not excepted from discharge under the Bankruptcy Code, such as certain taxes, student loans, debts incurred through fraud, and several others). If a lien has been created against any property, the lien may or may not be removable in the bankruptcy (it depends on a number of factors, such as the value of the property to which the lien has attached, what other liens are against it, and what exemptions you have available under applicable state or federal law) All debts must be "included" in any bankruptcy case, so I'm not sure how you are defining "include" in your question. My article on this topic may be of assistance to you.  See https://www.bklaw.com/bankruptcy-blog/2014/04/can-i-file-bankruptcy-after-lawsuit/ Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau. CONTACT MARK for more information or to schedule an appointment.     ... Read Answer

Bankruptcy is certainly one way to deal with them, but if your mother's only income is social security and she has no major assets (like real estate), then she probably is judgment proof and doesn't need to file bankruptcy. The best way to get proper advice on this is to have her schedule a consultation with an experienced bankruptcy attorney to go over all her options. The link to my consultation page appears below, should she be interested in a free consult. Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau. CONTACT MARK for more information or to schedule an appointment.    ... Read Answer