California Bankruptcy Legal Questions

Whether taxes are dischargeable in bankruptcy depends on a number of factors and requires an analysis of tax transcripts by an experienced bankruptcy attorney. The requirements can be seen on my webpage at https://www.bklaw.com/bankruptcy-taxes/ If your wife joins in your filing and you both receive a discharge of the debts, and the tax debts qualify for discharge, then there will be no more obligation to pay on the taxes for either one of you.  It has nothing to do with whether or not she is earning income. I recommend scheduling a consultation to go over your situation in detail.    ... Read More

Did you start renting your back yard after the bankruptcy case was filed?  If so, the consequences depend on which Chapter you filed (which you failed to disclose).  In a Chapter 13 case, the additional income would be property of the bankruptcy estate and you may need to increase your plan payment depending on the terms of your Plan and how the Trustees and Judges in your district handle those matters.   I you rented it out prior to filing the bankruptcy case, then of course you must include that income on all the relevant forms (including the Means Test and Schedule "I") and it will factor into your eligibility to file Chapter 7 or the amount of your plan payment in a Chapter 13.  ... Read More

Absolutely.  I assume you want to keep the mobile home.  Have you been making all the payments on the home (and space rent) during your bankruptcy case (I assume it's a Chapter 7)?    If so, then assuming the Trustee won't voluntarily abandon the asset, you should definitely seek abandonment.  The Trustee will be hard pressed to show any value there if it has been marketed for 3 years without an offer.   I would have sought abandonment after about 6 months of no activity.... Read More

I suggest having a consultation with another bankruptcy attorney, preferably one who is a certified specialist in bankruptcy law.  There is no disqualification for filing Chapter 7 just because you own a house.  But of course, if your house has non-exempt equity, then it can be sold in a Chapter 7 case.   It's all very fact specific, so you need an attorney that will go through your situation and advise on your options.  You can also likely file a new Chapter 13 case if need be.     I offer free initial telephone consultations.  To schedule an appointment, simply visit https://www.bklaw.com/consultmain/... Read More

If your case was closed, you can sell your house at any time.  It has nothing to do with whether or not the debt was reaffirmed.   The reinvestment within 6 months is a requirement of California law and has nothing to do with bankruptcy.  If you do not reinvest the proceeds into a new homestead within 6 months, then you will not have protection of those proceeds from new creditors (or any creditors not discharged in your bankruptcy case).... Read More

Depending on the basis for the Motion you need to file an opposition to the Motion For Relief From Stay or negotiate with the creditor to resolve the Motion (usually by having an adequate protection order entered).  What options you have depends on the specific facts of your case, how your plan is structured, and other considerations.  If you don't have an attorney, you should hire one  immediately to represent you.... Read More

If he in fact paid you back within 12 months prior to filing his bankruptcy case (your facts don't state whether or not he did), then  the Trustee  can sue you to recover that money.  However, if it is less than $5,000, there is a possibility that the Trustee will not pursue that if that is the only asset of the estate.  It really depends on the Trustee and where the case is filed (different districts are more aggressive with that sort of thing).  ... Read More

You are asking about what a trustee will take into consideration and this implies that you have already filed a Chapter 7 case. Trustees don't have anything to do with determining issues relating to your budget or the means test, which I think (although it is not clear) is what you are inquiring about. Just because your income for the 6 calendar months prior to filing is above the median income does not mean you won't qualify for a Chapter 7 case.  It's a very complicated analysis with numerous different factors being taken into consideration. If you are married, you must include all income, expenses, assets and debts of you and your spouse regardless of whether they are joining in the filing.  I'm not sure what you mean by "go down the drain", but your husband can continue his self-employment after the case is filed.  The key is going to be what assets he has from his business now (i.e. rights to residuals, copyrights, royalties, receivables, etc.) and whether those can be protected (which will depend on a number of factors, including the value of all your other assets, which state's exemption laws apply in your case and more). Bankruptcy is a very complicated area of law and your questions can only be answered after obtaining all the relevant information.   The bottom line is you need to have a consultation with an experienced bankruptcy attorney to go over all the relevant information (income, expenses, assets, debts) to determine what you are eligible for and which option is best. ... Read More

I'm not sure how much "deep debt" is, but you may want to look into filing a Chapter 13 case to deal with it.  Whether it makes sense and how much you would need to pay to your creditors depends on the facts of your situation (your budget, amount of your debts and assets, etc.).  Chapter 13 will offer you the lowest cost way to deal with the debt. If you reside in the Greater Los Angeles Area (other than Riverside/San Bernardino Counties) I am happy to give you a free consultation.... Read More

This needs to be handled very carefully and you need to hire experienced bankruptcy counsel to represent you. Most likely given that it has been over 4 years since you transferred the title to your mother, there will not be an issue with the vehicle.  But some bankruptcy trustees look  back 8 years on these types of things.  There are ways to "clean" this so it is not a problem, but it is too sensitive to provide legal advice in this forum without first having a comprehensive consultation.  ... Read More

Yes, if you file bankruptcy it will stop the lawsuit process.  The credit counseling requirement says that you must take a course  within 180 days prior to filing the bankruptcy case.  What that means is that the certificate is good for 6 months after you take the course.  It does not mean you have to spend 180 days in credit counseling.  The course usually takes an hour or so to complete. Whether you should rush to file bankruptcy, or file a response to the Summons, and which Chapter of bankruptcy you are eligible for and whether it would be your best option, can only be determined after having a comprehensive consultation with a qualified bankruptcy attorney in your State.  I strongly suggest scheduling a consultation appointment to go over your options.  ... Read More

Bankruptcy can at least temporarily stop the foreclosure if filed by the current owner of the property.  The HOA lien would need to be dealt with somehow and there are different options for doing that depending on the specific facts involved.  You mention that your father owned stock in the "Co op" (which I assume means condominum).  That implies that the condominium is owned by a corporation or LLC. In that case you would be talking about a Chapter 11 case for the corporation. You should have a consultation with an experienced bankruptcy attorney in the  area where the property is located.... Read More

Here in the Central District of California you can file a Motion to Modify Your Plan or Suspend Plan payments.   Has the Trustee already filed a Motion to Dismiss your case?  If so, you must also respond to that.  You need to discuss all this with your bankruptcy attorney as they are in the best position to advise you on how to catch up on your payments.   It depends on what your budget is, what your plan percentage is, and other factors.... Read More

The first step is to have a consultation with a bankruptcy attorney in your state.   If you have no assets and SSI is your only income,  you are judgment-proof and probably do not need to file bankruptcy, although you can if you want to avoid the annoying phone calls and collection attempts. I offer free initial phone consultations if you are interested.... Read More

There are potentially serious ramfications for mishandling a bankruptcy filing.  But you can file on your own if you wish. Here's what you need to know if you wish to represent yourself in a bankruptcy case:  https://www.bklaw.com/bankruptcy-blog/2015/03/how-to-file-bankruptcy-without-an-attorney/ Here's some thoughts on why you need a bankruptcy attorney: https://www.bklaw.com/bankruptcy-blog/2011/08/need-attorney-file-bankruptcy/  ... Read More

Bankruptcy is definitely an option you should explore.  If you own two properties with equity there may be  too much to protect and you might need to do a Chapter 13 case, but there's no way to evalute your options in this forum.  You should have a consultation with an experienced bankruptcy attorney in your State to go over everything with you.  ... Read More

An Earnings Withholding Order is a directive to your employer to withhold the required amount from your paycheck and send it to the judgment creditor.   Typically this is 25% of your net pay.  You can file bankruptcy anytime and it will stop any future garnishments, but you usually cannot get back what is already taken prior to filing your bankruptcy. Make sure you hire an experienced bankruptcy attorney to represent you.... Read More

This is way too involved to address in a forum like this.  You need to have a consultation with an experienced bankruptcy attorney, or a civil litigation attorney (depending on what you are trying to accomplish--see below) in your area.    Relevant information a bankruptcy attorney will want to know is:  Was this debt listed in your bankruptcy papers?  Was this judgment entered before or after the Chapter 7 case was filed?  Did the creditor obtain an order declaring the debt to be non-dischargeable?  Is there a lien against any real estate?  If so, when was the lien recorded in relation to the bankruptcy filing? If you are merely seeking to vacate the judgment, that would have to be done in the court in which the judgment was entered, and if it was over 6 years ago, I can't imagine that you are within the statute of limitations for doing so. Anyway, if your bankruptcy case was filed in the Greater Los Angeles Area, feel free to contact me for a consultation to go over your bankruptcy options.... Read More