California Bankruptcy Legal Questions

As part of every bankruptcy, you list all your creditors. The court will send a notice to all your creditors. You will need to send the court a notice a notice of the bankruptcy case and file a motion to stay the collection case. Bankruptcy is a complex area and I recommend that everyone who is considering bankruptcy consult an attorney.... Read More

What is your question? 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 More

Not completely sure I understand your question, but you cannot reaffirm a debt after your discharge is entered. What you are describing is a tactic used by mortgage servicers to get you to reaffirm a debt that you don't need to reaffirm.  They refuse to report the on-time payments to credit bureaus.  But the good news is, you can self-report the payments you make. You can do that through companies such as https://www.prbc.com/ Hope this helps.... Read More

The court doesn't want to see bank statements.  The Trustee in your case may request them though.  Every Trustee has different requirements, so there's no way to say what would happen in your specific case.  I've seen them request as far back as 2 years, but usually it's 6 months if there's an issue.  The US Trustee's office can also request documents to verify information put on the means test and other forms.  And your case can be audited and the auditors can request bank statements, but that is typically 6 months worth.... Read More

I'm not sure I understand your question. If you file bankruptcy, who collects your accounts? It depends on a lot of things. You would need to meet face to face with a lawyer. In my office visits, I have about 30 to 40 questions I need to ask before I can guide someone. Anyway, try that route to get the best possible information to help you decide.... Read More

Do it yourself bankruptcy is not a very good idea, as you're finding out.  If you file a new case within 1 year of your prior dismissal, the automatic stay in the new case will only be in effect for the first 30 days, unless you obtain a court order extending it for cause. To answer your question about the filing fee, you can petition the court for a waiver of the filing fee, or to pay it in installments.  You have to provide proof of indigency.  The court should have information on how to go about applying for that on its website.  Attorneys aren't likely to know the procedure because anyone who can afford an attorney isn't going to be applying for a waiver of the filing fee.... Read More

There are two parts to the cost, the court fee - $335 in my district and the attorney fee which will vary based on who you choose and how complex your case is. The court is the Federal bankruptcy court for your region, most decent sized cities have one. A simple case will take four months, but all the activity is in the first month. There is no minimum debt amount but it usually doesn't make sense for people with less than $5,000 of debt.... Read More

In Chapter 13 you keep all your assets, but you must propose a repayment plan that repays your creditors at least the amount they would receive in a Chapter 7 case, which would include the non-exempt portion of your assets. Any transfer of assets without receiving reasonably equivalent value prior to filing the bankruptcy would be deemed a fraudulent transfer, and the recipients could be sued for the value transferred, and it could be deemed grounds for denial of discharge in bankruptcy. You need to consult with an experienced bankruptcy attorney in your area to go over your options.  Your questions indicate that you are in way over your head.  ... Read More

If you are referring to the attorney's fees, that's going to vary from place to place and attorney to attorney. The range can be anywhere from around $500 to $4,000, plus the court fees. I'd say the average for a competent attorney is going to be in the $2,000-$3,000 range.  Any less and you're probably looking for trouble. You might find the following articles helpful: https://www.bklaw.com/bankruptcy-blog/2015/06/bankruptcy-attorney-fees/  and https://www.bklaw.com/bankruptcy-blog/2011/04/low-cost-bankruptcy/ Hope this helps.  ... Read More

If you don't have any creditors then the Trustee would have no interest in doing anything with your assets. You say you weren't in arrears on your rent payments.  If so, why is the landlord seeking to evict you?  You can try to file a motion to dismiss your case, but a precondition of doing so will likely be that you intend to pay your creditors (i.e. your landlord) outside of your bankruptcy case.  Assuming the landlord doesn't oppose it, you should be able to dismiss your case.  It depends on the Judge in your case. Make sure you hire an experienced bankruptcy attorney to review your case and handle the Motion to Dismiss so you don't make things worse. 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 More