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Harlene Miller

Harlene Miller

Harlene Miller Law, APLC
  • Bankruptcy
  • California
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Claimed Lawyer ProfileQ&A

Bankruptcy representation of debtors and creditors; personal and business; chapter 7, 11 and 13 since 1990. CA Certified Legal Specialist in Bankruptcy Law for 20 years. Provide consulting for how to avoid bankruptcy; budgeting; life after bankruptcy. Assist in creditor settlements in lieu of bankruptcy. Personal care and attention to clients. Half hour no charge consultation.

Practice Area
  • Bankruptcy
  • Free Consultation
    Free initial half hour consultation
Jurisdictions Admitted to Practice
  • English: Spoken, Written
Professional Experience
Harlene Miller Law, APLC
- Current
Shareholder and attorney
Pagter and Miller
Western State University College of Law
J.D. (1989) | LAW
Honors: Graduated with Scholastic Merit; 4 American Jurisprudence awards
Activities: Member of Law Review
Professional Associations
American Bankruptcy Institute
Orange County Bar Association
OC Bankruptcy Forum
State Bar of California # 146651
- Current
Speaking Engagements
Bankruptcy Impact on Family Law Issues, Seminars for Family Law Practitioners & CPA's
Bankruptcy Impact on Personal Injury Litigation
Orange County Trial Lawyers Association
Creditor's Rights in Bankruptcy, Saddleback Community College
Bankruptcy and its Alternatives, Orange Coast College
Certified Legal Specialist in Bankruptcy Law
State Bar of California
Websites & Blogs
Legal Answers
80 Questions Answered

Q. I filed bankruptcy in Pro per, I now need to find a attorney to help me as I now have a adversarial filing within case
A: If your case was filed in Orange County, contact me - I will be available to discuss your options and issues with regard to the lawsuit. Be mindful that there is a deadline to file an answer to the adversary - it is imperative that an answer be filed timely.
Q. Do I have a case against my creditor for harassment?
A: If your bankruptcy is still pending and you have not received your discharge yet, the creditor is violating the automatic stay. If the person calling is the lender on the car and you are not making payments, the lender needs to file a Motion with the bankruptcy court to recover the car. If your case is over, and you have received your discharge, the lender cannot collect payments from you but they have a lien on the car, so they are entitled to repossess the car. If you want to keep the car, you must make the payments because of the lender's secured interest in the car. The Trustee has nothing to do with these issues. I suggest seeking advice from a bankruptcy attorney.
Q. Does the bankruptcy means test take into consideration that I have three kids?
A: Mr. Greenberg is correct. There are many factors used in the means test calculation, including the number of dependents you have. I urge you to consult with bankruptcy attorney to evaluate your eligibility for bankruptcy, including drafting of the means test. This is a critical aspect of the process. Good luck.
Q. My license has been suspended for 3 civil law suit from a car accident in 2015. What can i do?.
A: You should schedule a meeting with a bankruptcy attorney to analyze your options for filing bankruptcy. Although I agree with Mr. Denison's comments, I have found that once the bankruptcy case is filed, bankruptcy information should be taken to DMV evidencing the filing of the case and the documents showing these creditors are properly listed in the case. The mere filing of the case and proof to the DMV should allow you to get your license back. Having said that, I am in Orange County, CA so I suggest that before proceeding, contact your local office of DMV and find out what information they need in order to release your license. It shouldn't be different from what I have experienced with clients, but worth checking. Good luck.
Q. What are the requirements to file for Chapter 7
A: Your question is much too broad for this forum. I agree with my colleagues that you need to meet with a bankruptcy attorney to get specific information, many of us offer a half hour no charge consultation which can provide you the basic information - then you can proceed from there.
Q. Hi I live in southern ca I was wondering if I can file bankruptcy on toll rd tickets
A: The toll fee that was not paid is dischargeable but they also charge a larger amount for a fine/penalty for nonpayment - which is not dischargeable.
Q. Can a company garnish your wages if you've had a bankruptcy before and without a court hearing?
A: You need to meet with an experienced bankruptcy attorney in your area, in order to determine what the status is of the creditor that is garnishing your mom's salary. A review of the prior bankruptcy documents that included your mom would be required in order to determine whether the creditor was included or not. You may also want to look carefully at the documents your mother should have received from the employer - depending upon her financial situation, she may be able to object to the garnishment - but this requires a financial analysis and assistance from an attorney as well.
Q. Can I file for bankruptcy even if I'm currently employed?
A: I agree with the answers provided by my colleagues. Income is very important in evaluating bankruptcy options. It is imperative that you meet with a bankruptcy attorney experienced with chapter 7 and chapter 13 cases so you receive a complete analysis.
Q. my lender still took my car after I told them I filed chpt 7 I was also evicted
A: I agree with my colleagues regarding the need for you to immediately meet with a bankruptcy attorney in your area. Did you have an attorney that assisted you in filing the case? If so, contact that person. Did the case actually get filed with all required documents? Have you received any notices from the Bankruptcy Court about your case? Seek assistance - many of us offer an initial no charge half hour consultation to see what might be done to assist you. Take action now.
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Contact & Map
Harlene Miller Law, A Professional Law Corporation
17910 Sky Park Circle Suite 105
Irvine, CA 92614
Telephone: (949) 756-1313