Kathryn U. Tokarska
BANKRUPTCY TOKARSKA LAW CENTER
About Kathryn U. TokarskaSan Diego Bankruptcy Attorney representing debtors in Chapter 7 & Chapter 13 Bankruptcy proceedings.
Free consultations includes an analysis of the individual's situation in order to explore options such as credit consolidation, debt settlement, bankruptcy to determine best route toward managing financial obligations.
Chapter 7, known as liquidation, provides discharge to honest debtors relief in about 90 days.
Chapter 13, know as a restructuring, allows debtors to catch up on past due payments, prevent foreclosures, repossessions, stripping of unsecured second mortgages attached to primary residence of the debtor.
This firm is a Federal Debt Relief Agency. We help individuals and businesses file for bankruptcy protectin under the federal bankrutpcy code.
Directory Practice Areas
- Consumer Law
- Free Consultation
- 1 hour initial free confidential consultations. Flat quoted fee.
- Rates, Retainers and Additional Information
- Typical chapter 7 case runs $1,500. Chapter 13 runs $3,600. Fees are based on complexity of the case and therefore attorney reserves the right to quote a fee after initial consultation.
Jurisdictions Admitted to Practice
|Eckerd Coll||Undergraduate Degree|
|California Western School of Law||Law Degree|
|Volunteer Attorney||Legal Aid Society of San Diego||2008-2008|
|Details: Taxation Clinic|
|Volunteer Attorney||South Bay Courthouse Clinic||2008-2008|
|Details: Unlawful detainers & Restraining Orders|
|Volunteer Attorney||San Diego Volunteer Lawyer||2006-2007|
|Details: Madge Bradley Courthouse clinic|
|Certificate of Appreciation, Center for Community Solutions|
|The Wiley W. Manuel Award for Pro Bono Legal Services, The Board of Governors of State Bar of California|
|Member, American Bankruptcy Institute|
|Member, National Association of Consumer Bankruptcy Attorneys|
|Member, San Diego Bankruptcy Forum|
|Member, California State Bar|
|Member, San Diego Bar Association|
|Bankruptcy Attorney Member, San Diego Lawyer Referral Program|
|Member, San Diego Women's Network|
|Member, Lawyers Club|
- Overall: 64th
- This Year: 18th
- Overall: 35 Answers
- This Year: 35 Answers
Q: Can my ex-spouse get a judgment for mortgage payments that were previously discharged in Chapter 7 bankruptcy?
A: This is a confusing question. What came first, the debt or your bankruptcy discharge? If the debt was acquired post petition, after you filed for bankruptcy then it was not part of the discharge received in your previously filed case. If the debt was incurred prior to the filing of the bankruptcy then the question is whether this debt was dischargeable. Certain debts are not dischargeable, like support obligations. Also some people get into trouble if for example under a divorce settlement agreement or a divorce order the debts are split up certain way and then instead of paying that debt as per court order they file bankruptcy to discharge the debt and this somehow hurts the ex-spouse. I'm not a Colorado attorney. I would encourage you to contact a local attorney, explain your situation, let them ask you follow up questions to get to the bottom of this. Good luck.
Q: Can the state garnish my wages after I file bankruptcy
A: The answer will depend. When you file your bankrupcy automatic stay goes into effect and no creditor can collect from you. If they do, you can recover the money. However, the question is what type of debt is this? Is this debt dischargeable in bankruptcy? If yes, then it will be discharged and that will be the end of that. If it is not dischargeable, then depending which chapter of bankruptcy you file will yield different result. In chapter 7, after the case closes, approximately 90 days non-dischargeable debt can resume collection efforts. In a chapter 13, you would propose to repay the debt through the chapter 13 plan that last 3-5 years. What chapter is appropriate and whether filing bankruptcy makes sense is a question you will want to pose in a consultation with an attorney who can evaluate your complete financial picture, determine if you qualify for discharge, and whether this particular debt subject of the garnishment is also dischargeable. Good luck.
Q: I can no longer afford my chapter 13 payments nor my attorney. What are the repercussions if my case is dismissed?
A: Not sure why you cannot afford your attorney. Your attorney is obligated to provide you with representation for the duration of your chapter 13. He/she cannot take any money from you after the case is filed. He/she is compensated out of the plan. Check your Righs and Responsibilities form, signed and filed with your petition. Dismissal can have a variety of results depending on the specifics of your case. At minimum he/she should explain these to you since they know your case.
Q: When Filing Chapter 13.. My income as one earner is below state median but expenses deductions (IRS standards) negative?
A: This suggests that perhaps chapter 13 may not be feasible. Please consult an attorney about your potential case and the goals you hope to achieve. Our expertise can be extremely valuable.
Q: Can I convert my chapter 7 to a chapter 13 if I cannot afford the trustee payments? Am I able to file this myself?
A: I think you mean convert from chapter 13 to chapter 7? Chapter 13 is the one with the payments. The answer will depend on whether you qualify for discharge under chapter 7. If you don't already have a lawyer, get one. Perhaps your chapter 13 can be salvaged and if not they can make sure you qualify for chapter 7 and handle the conversion. In California we have a specific form (found on court's website) to do this. It contains information about what forms need to be filed along with the conversion notice.
Q: If you get a deed of conveyance, and put ur house on in bankruptcy, can the bank still take it?
A: Too confusing to answer. Generally speaking, if you have fallen behind on mortgage payments the creditor has a right to foreclose on the property. Chapter 13, under which you propose to bring your loan current over a period of 3-5 years will prevent foreclosure. Not sure if that answers your question. Wise thing to do is to go consult with a bankruptcy attorney. They'll give you more information based on your goals and situation.
Q: Can i file bk if my wages are already garnished for the debt/
A: Having your wages garnished does not prevent you from seeking bankruptcy protection.
Q: I have filed chapter 13 however I have fallen behind in my mortgage payments by 3 months. I have kept current my trustee
A: You are at the risk that the mortgage creditor will file a motion for relief of stay in order to pursue foreclosure. If you have an attorney, contact them immediately.
Q: Do I need a bankruptcy lawyer>
A: Impossible question to answer.