California Bankruptcy Legal Questions

You don't have to pay back more than 100% if that's what you're asking.  You must factor in Trustee's fees and ultimately the filed claims will control the total amount you must repay. If you're trying to do a Chapter 13  without an attorney, you should know that based on a study by the bankruptcy courts, there is a less than 1% success rate for debtors filing Chapter 13 without representation. https://www.bklaw.com/bankruptcy-blog/2012/04/bankruptcy-discharge-without-attorney/  ... Read More

You should review this matter with a collection law firm or lawyer. You seem to be talking about a Chapter 13 filing (payments are 36 to 60 months to the Chapter 13 Trustee). Debts after the date of filing are not part of the Chapter 13 filing. Debtors are legally obligated for these debts, and they are not part of the original Chapter 13 filing (which only covers debts up to the date of filing). It is my understanding that the automatic stay does not apply to the post petition filing matters. Lastly, the six year statute of limitations is stayed while someone is in a Chapter 13. So if the case is dismissed, you can collect these matters since you add the time period they were in a Chapter 13 to the statute of limitations which stopped running on the date of filing. A good collection lawyer will cover these matters with you.... Read More

No, if you had no personal guarantees filing a bankruptcy for an LLC you are affiliated with will not affect you any more than not filing a bankruptcy would. However, there is rarely any need to file a Chapter 7 for a corporation/LLC. See my article at https://www.bklaw.com/business-bankruptcy/ for more information. Make sure you are getting advice from an experienced bankruptcy attorney before doing anything.... Read More

Qualified retirement funds are protected in bankruptcy.   If you are already receiving distributions from your retirement, those distributions are income and will factor into your budget and hence your eligibility to file under the various Chapters.  A consultation with an experienced bankruptcy attorney will clarify your eligibility and options.... Read More

Seems like there are some key facts missing because what you're saying most likely should not have happened. If you received a discharge in your Chapter 7 case, that discharge protects all community property from execution as long as you remain married.  The creditor had a right to sue your husband and get a judgment, but not to enforce that judgment against any community property.  If they got liens against any community property, they violated the post discharge injunction and those liens should be removed.   You say the court "allowed" the liens to attach to your houses.  I'd need to see the motions and order leading up to that because, as I mentioned, it should not have happened given the facts as you state them. How are you selecting your bankruptcy attorneys?  Are they certified specialists, or just cheap attorneys you found? Did the creditor ever file a Complaint Objecting to the Discharge of their debt?  If not, then their debt was discharged.  In what court have they filed a Motion to sell the houses?   Have you (or your husband) discussed any of this with his "new" attorney?  There's many facts missing here. I suggest finding an experienced bankruptcy attorney to review the case(s) and see what can be done. What to Look For When Hiring a Bankruptcy Attorney... Read More

Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. Was you husband convicted? What were the charges? Was he sentenced to jail or prison and for how long? Since we do not have all the facts, it is impossible to give a meaningful answers. I strongly suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your husband's situation.... Read More

That depends on what time period you are using for your repayment.  For example, if you're doing a full 60 months, then no you don't have to pay all of your disposable income each month because that would (under your facts) pay more than 100%.   If you're paying over a shorter period, then the payment amount might approach or equal your D/I.  Your attorney will analyze all this for you and provide you the different options after factoring in Trustee's fees and other costs.  ... Read More

Yes, your spouse's income is included in the analyses for eligibility calculations in any bankruptcy case.  Of course her expenses (community expenses) must also be included. My article at https://www.bklaw.com/bankruptcy-blog/2008/07/spouses-income-must-be-included-in-bankruptcy/  provides additional information on this. Feel free to contact me if you have further questions.... Read More

I'm not sure what your question is, but it is possible to remove certain liens in bankruptcy, such as judgment liens, if certain criteria are met. I suggest scheduling a consultation with an experienced bankruptcy attorney to go through the specific numbers to determine your eligiblity and options.... Read More

I'm not sure I understand your question.  If you file bankruptcy you must list all your assets and all your debts.  If you owe a debt to your ex, then you must list her as a creditor.  If you're asking whether the debt is dischargeable, that's a different question entirely and depends on whether it is considered a domestic support obligation or part of the property division/marital equalization.  A bankruptcy attorney can advise you on all that after a proper consultation.... Read More

Different attorneys charge different amounts.  Fees depend on the complexity of your case, which chapter you are filing and other considerations.  Fees for a Chapter 7 case generally range from about $2,250-$2,500 including all fees and costs.   I am happy to give you a free phone consultation to go over your eligibility and options and give you a fee quote.   To prepare for and schedule your appointment simply visit https://www.bklaw.com/consultmain/individual/ and follow the directions from there.... Read More