California Bankruptcy Legal Questions

Since you signed the credit card agreement, you'll liable for the debt on the card even though you haven't used the card personally in over 10 years. If your mother files bankruptcy, the card issuer will come after you for the full amount due because your mother will be discharged of her liability.... Read More

Well, the first question is “how would they know”? The second question is “what is the nature of the lien…and who originated the complaint”? Yes, to answer your questions, there are several ways to operate the LLC with your membership without them knowing immediately about your participation.... Read More

Well, that depends, first, you will want the bank to refer you to the actual provision in your “customer use” agreement that grants them this right to charge your account. Second, as per the usual bank’s policies, they can construe this simply as a bounced check to your account, thus debiting that amount and if that brings your account to a lower than “0” balance, you would need to make up that difference.... Read More

You can file bankruptcy by yourself regardless of whose name the debts are under. But your spouse's income, expenses, assets and debts must be included in the filing (and analysis for eligibility). Make sure you hire an experienced bankruptcy attorney in your state to advise and represent you.  ... Read More

Sounds very strange. I would pay an experienced attorney for one or two hours of their time to review this matter with you. Of particular importance is your BK schedules (which you can get from the BK court), and any civil law suit papers you were ever served with. To get an intelligent answer to your questions, someone needs to review your file with you.... Read More

While your question is a bit sparse in information, I think you are safe. Your husband's liability-if any-for the dog bite was presumably discharged in the BR. Also, in all likelihood any applicable statute of limitations period has passed. If the victim obtained a judgment against you, however, you will need to clear the lien of judgment if you wish to sell the property. This is generally not a difficult task, but to move it along efficiently you'd do well to retain an experienced BR lawyer.... Read More

There is the law and there is actual practice. In Ohio, the law is that a lender can repossess any collateral unless the debtor reaffirms the loan. In actual practice, lenders are in the business of making loans and collecting the payments, they don't make any money on repossessions; so most lender will not repossess the property if you continue to make the payment whether you execute a reaffirmation agreement or not.... Read More

I hear your side of the story, which contains a lot of speculation and third hand information and makes serious charges. If you have any real evidence of attorney misconduct, contact the office of the US Trustee, who can investigate. But you are not in the position of judging how an attorney conducts his or her practice of law.... Read More

 I'm assuming this is a Chapter 13 case, although you don't reveal that information for some reason.   What to do depends on what the terms of your plan were.  You need to review this with your attorney. If the order confirming your plan requires you to submit tax refunds to the Trustee, then you need to do so.  Otherwise, you need to file a Motion to Modify your plan and comply with 11 USC 1329, the Federal Rules of Bankruptcy Procedure any local bankruptcy rules of the court where your case is filed.... Read More

A creditor with a court judgment is like a policeman with a gun. At this time, the leverage you have is limited. Be sure to record a declaration of homestead with the county recorder to protect your home from any lien. And you may want to meet with a real attorney in person to discuss resolving this debt. My experience is that payments will never work with a creditor with a judgment.... Read More

You can try to file bankruptcy, but most likely there will be objections to you receiving a discharge.  What you are saying is that you borrowed $180,000 on your cards at a time when you only make $1,300 per month net, so you clearly had no ability to repay the loans.  If your son is willing to testify that he promised to pay you back and also provide proof of the supposed investment, then you might have a chance to discharge the debts, most likely in a Chapter 13 case. But unless you have any assets and if your income is social security, there isn't anything your creditors can do to collect from you anyway, so you could (if that's accurate) just do nothing. I suggest you schedule a consultation with an experienced bankruptcy attorney in your area.  If you are in Los Angeles, Orange or Santa Barbara, Ventura, or San Luis Obispo County, I can help.... Read More