California Bankruptcy Legal Questions

Yes, you can be sued by anyone for anything any day the courts are open. Can you be SUCCESSFULLY sued for a debt discharged in bankruptcy, no and there are penalties for attempting it. First, notify the attorney who filed the lawsuit of your bankruptcy and that the debt was included. If the attorney doesn't withdraw the lawsuit, talk to a bankruptcy attorney about sanctions.... Read More

I'm not sure what your question is, but sounds like you need to hire an attorney.  You can search lawyers.com for a qualified attorney in your area.  If your bankruptcy case was filed in the Greater Los Angeles Area, I would be happy to assist, but you need to contact me off this site.... Read More

Yes and no. You have to follow certain deadlines. If they are not dischargeable, you can pay them through a Chapter 13. You have to pay real property taxes if you are keeping the real estate. Meet with a lawyer face to face. Any lawyer worth their salt will charge you for the meeting, but this will save you tons of heartache and problems!!... Read More

You can file on and eliminate income taxes that are more than three years old provided you filed all the returns on time and there weren't subsequent audits or assessments. The taxes still might be dischargeable with audits and assessments, but additional time considerations come into play. If you are keeping the property, you must pay the property taxes. If you are not keeping the property you need to consult with an experienced bankruptcy attorney related to the property taxes.... Read More

Your question as stated doesn't make any sense.  Creditors are not "listed" on a deed of trust unless you give them the deed of trust (you sign it).  Usually this is done when they make a loan to you.  So the way to remove the deed of trust (assuming that is what you are asking) is to pay off the loan which the deed of trust secures.  ... Read More

In a bankruptcy, you file on all your debts. You don't have the right to pick and choose which debts are included. Some debts, like mortgages and car loans, you can keep so you keep the property but unsecured installment loans can't be reaffirmed. If you take out a loan that you don't intend to repay, the bankruptcy court can deny your discharge.... Read More

The filing fee for a Chapter 13 is $310.  If you are asking what attorneys fees are, that depends on a number of factors.  Most bankruptcy attorneys charge the same amount for the initial components of a Ch. 13 case.  Part of those fees can be taken from your monthly plan payments.  So the real issue is how much you need to pay prior to filing your case, and that will depend on what your plan payments are going to be. Calculating your plan payments is extremely complex and requires an experienced bankruptcy attorney to do the analysis after being provided with all the necessary information on your income, expenses, assets and asset values, debts and other data.  If you reside in Los Angeles, Ventura, Santa Barbara, or Orange counties, I would be happy to give you a free consultation to go over your options and answer your questions.   If interested, click here to prepare for and schedule an appointment.... Read More

Why was it closed without discharge?  Typically the reason is a failure to complete and timely file the certificate for the post-filing Financial Management Course.  In that case, you can file a Motion to Reopen the case to file the certificate and have the discharge entered.   If that was the reason,  I can handle that for you.  The cost is $900 which includes the filing fees. If it was closed for some other reason, I would need to know the reason in order to advise what to do.  ... Read More

I'm not sure what your question is, but if your LLC is dissolved, you certainly don't need to file a bankruptcy for it unless it has a lot of assets that need to be liquidated. LLCs do not receive a discharge of debts in a Chapter 7 case anyway, so not sure why you think you need to file bankruptcy for it.  If it's dissolved you clearly are not interested in doing a Chapter 11 reorganization. If you have personal liability for any of the corporate debts you may need a personal bankruptcy. My article at https://www.bklaw.com/business-bankruptcy/ should help clarify things for you on this.  ... Read More