California Bankruptcy Legal Questions

If your case was a no-asset Chapter 7 case, then the failure to amend to add a creditor is of no consequence.  The debt was discharged even though it wasn't listed.  But sure, you can sue anybody for anything.  If you paid them to do something, and they didn't do it, you should get your money back.  But you can't sue them for a debt you owed that was discharged in your bankruptcy case.... Read More

If the reverse mortgage is the only debt against your home and it is really worth $800,000, you have more equity than you can protect in a Chapter 7 case, and would have to provide for close to a 100% repayment of the debt in a Chapter 13 case and that would require a payment of close to $1,000 per month which you probably cannot afford. The good news is your creditors can't take your SS benefits, so they would be left with putting a lien against your home (or trying to sell one of your cars, but that's highly unlikely).  Unless you plan on selling your home or refinancing, that won't really affect you until that time (at which time they would get paid from the sale, although plus accrued interest). You should probably have a consultation with a bankruptcy attorney in your area to go through things in more detail, but it sounds like doing nothing is an option for the time being.  ... Read More

He cannot come after you. He could come after your boyfriend's assets but it it not easy. If your boyfriend had no estate and no administrator or executor and no will, the creditor would have to go into probate court and get an administrator appointed before a creditor could sue. For $4200, nobody is going to do that.... Read More

Creditors cannot garnish anything after you file bankruptcy.  If they could, it would defeat the entire purpose of filing bankruptcy. On top of that, social security benefits are exempt from being taken by the bankruptcy trustee in a Chapter 7 case. Make sure you hire an experienced bankruptcy attorney to represent you.  ... Read More

Any attempt to collect the debt after the date of filing is prohibited, including electronic checks. It is not a criminal offense to bounce an electronic check generated by the creditor nor is it a criminal offense to bounce any type of check for future deposit. It is a criminal offense to write a check without any agreement that it will be cashed at a later date when you don't have the funds in the account.... Read More

There's no way to advise you on something like that in a forum like this.  You need to have a consultation with an experienced bankruptcy attorney to go over all the relevant information and advise you on your options. I can tell you that your husband's income, expenses, assets and debts must be included regardless of which Chapter you file since California is a community property state (and it's also required under bankruptcy law for determining your eligibility).  That does not mean he needs to file the bankruptcy with you. I offer free initial consultations and you can schedule an appointment by going to https://www.bklaw.com/consultmain/individual/   ... Read More

Yes, you can file bankruptcy again. For information on the time required between filing dates, see https://www.bklaw.com/bankruptcy-blog/2012/11/time-between-filing-bankruptcy/ If you would like a consultation towards filing a new bankruptcy case, please visit https://www.bklaw.com/consultmain/ to prepare for and schedule an appointment.... Read More

Attorneys do not all charge the same amounts and the amounts are very different for the two chapters you listed.  As an example, for a Chapter 7 case with a competent attorney you will be looking at somewhere between $2,000-$3,000 for most types of cases, with all fees and costs included. See more information on bankruptcy costs and fees and what to look for when hiring an attorney. If you would like to schedule a free consultation to go over your situation and get a fee quote, please visit https://www.bklaw.com/consultmain/individual/... Read More

Typically what will happen is the employer (debtor) will request court approval to pay the pre-filing wage claims ahead of other creditors, so my guess is that you will get your back wages in the relatively near future.  If not, you will need to file a claim in the bankruptcy case and you will get paid whenever the Plan is approved, which could be quite some time.... Read More

Is the DRE a state agency?  Is it the same as the California BUREAU of Real Estate?  Whether it would be dischargeable in Chapter 7 will depend on whether the debt you owe them if for a "fine, penalty, or forfeiture".  If it is simply compensation to them for a loss, then it should be dischargeable.  Either way it would be dischargeable in a Chapter 7 case. 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

Throw me a bone here! Who are they. If they are a credit union or other lender with a lien against both the Navigator and the Lexis under a doctrine called cross collateralization, you need to appreciate that unless you have a court order that releases or changes the terms of a lien, the lien rights of creditors do not get discharged in any bankruptcy unless there is a special court order providing this.... Read More

There's no way to answer your question without a comprehensive review of your entire case.  You need to consult with an experienced bankruptcy attorney to help you.  They will need to see an appraisal of your property, determine which state's exemption laws apply in your case, and see how you have allocated them among your various assets, as well as other factors that need to be analyzed. You can't sell your home while in a Chapter 7 case.  The Trustee owns the home.... Read More

You do not need to do a reaffirmation agreement to refinance your home.  If a lender is telling you that, find a new lender.  In any event, you cannot reaffirm a debt after your discharge.  But perhaps more importantly, there is no reason or requirement to reaffirm a mortgage debt in California.... Read More