Free Consultation: (949) 756-1313Tap to Call This Lawyer
Harlene Miller

Harlene Miller

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

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
Fees
  • Free Consultation
    Free initial half hour consultation
Jurisdictions Admitted to Practice
California
Languages
  • English: Spoken, Written
Professional Experience
Owner/Attorney
Harlene Miller Law, APLC
- Current
Shareholder and attorney
Pagter and Miller
-
Education
Western State University College of Law
J.D. / LAW (1989)
-
Honors: Graduated with Scholastic Merit; 4 American Jurisprudence awards
Activities: Member of Law Review
Professional Associations
American Bankruptcy Institute
Member
Current
Orange County Bar Association
Member
Current
OC Bankruptcy Forum
Member
Current
State Bar of California # 146651
Member
- 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
Certifications
Certified Legal Specialist in Bankruptcy Law
State Bar of California
Websites & Blogs
Website
Legal Answers
24 Questions Answered

Q. Can the trustee make me pay my ex-husbands creditors using my home's value?
A: You need to immediately seek an experienced bankruptcy attorney to assist you in looking into this matter. In addition, your family law attorney who assisted you with the settlement should be consulted as well. Unfortunately, the filing of the bankruptcy provides the chapter 7 Trustee the ability to review the agreement you reached and determine if the agreement was fair and reasonable - even though your ex-husband agreed, and the Trustee does have the ability to sell the property if something cannot be resolved. Do not hesitate to seek legal advice on this immediately.
Q. Can an HOA sue for dues on a time share property that was foreclosed upon 9 years ago through a chapter 7 bankruptcy?
A: As a bankruptcy attorney, I can address one issue: So long as your husband remained on title, he was responsible for paying the HOA fees even after the conclusion of this bankruptcy case. If a foreclosure actually took place, but new title was never recorded, he would have remained as the title owner and still responsible for the HOA fees. Or it is possible that a foreclosure sale never actually occurred. I suggest you seek further advice from a real estate attorney.
Q. I sued AAMCO Monrovia & won. Haven't collected all award yet. AAMCO's moved. How do I find out if they filed bankruptcy?
A: As a creditor, you would have received notice of the bankruptcy filing in the mail. You could do an internet search for the company to see if anything is available about a bankruptcy. Or, continue to attempt to collect.
Q. Does a bk attorney see the debtor til the end of the bk? After 3.5 yrs my attorney has dropped my case? Is this legal?
A: It depends upon your agreement with the attorney. You did not say the type of case you filed, but if it has been going on for 3.5 years and it is a personal case, it is likely a chapter 13. Did your attorney provide you with a Retainer Agreement at the start of the case that identified the terms of his representation? I specifically remain in any chapter 13 case that I file for a client until the case concludes and a discharge is entered since there are often ongoing issues that occur which require monitoring and handling. And what do you mean by "dropped your case?" Is he not responding to you? Did the attorney file a substitution of attorney replacing you "in pro per" (representing yourself)? More info would be helpful. In any case, you may want to consult with another chapter 13 attorney to make sure everything is proceeding properly. Also, the Chapter 13 Trustee has a website that you, as the Debtor can access to get information about your case.
Q. How can I strip a second after bankruptcy and how does motion to value work.
A: Stripping a second of property is not done "after" bankruptcy, but part of the bankruptcy process. It is a complicated process and should not be attempted without an attorney. I strongly urge you to contact an experienced bankruptcy attorney to evaluate whether it is an option for you and explain how it needs to be done.
Q. Received 1099C after filing Chapter 13. Chapter 13 dismissed due to missing a payment. Can bank take vehicle?
A: A 1099C is issued for unpaid debt which has been forgiven. Of no bankruptcy is completed, discharging the liability, then there is a tax consequence to the forgiveness of debt, it is treated as income - hence the 1099C. If a bankruptcy is completed through discharge, then there would be no tax liability. That is one issue raised in your question. As to the truck - with the dismissal of the case, the lender can repossess the vehicle unless you make contact with them to try to bring the car payments current and obviously if the lender is willing to have you do that. It is certainly worth trying - if you have the funds to do it.
Q. I had a bankruptcy discharge Nov 2013 chapter 7. There was a secured loan a second on my home from a credit union .
A: The result of filing bankruptcy and receiving a discharge is that your personal liability for the debt is discharged. Note the word personal. In this case, your personal liability to the credit union has been discharged - the credit union cannot seek payment from you. However, the discharge does not eliminate existing liens on property which is a secured interest in the property. Thus, the credit union can, in fact, seek foreclosure of your residence either as a result of a deed of trust that you provided when you got the loan that allows them to foreclose, or through a judicial foreclosure by filing a lawsuit in court, requesting an order to foreclose. If you intend to keep the property, I urge you to communicate with the credit union about options to settle the loan or bring the payments current. Alternatively, try to obtain a new loan from another lender to settle or pay off the credit union. If you had filed your bankruptcy with a bankruptcy attorney, this information should have been provided to you.
Q. Does location matter when a business undergoes chapter 7 bankruptcy?
A: I strongly recommend consulting with an attorney. If I am understanding your question, it sounds like one business closes and the same business starts up allegedly as a new entity. If assets, ownership, etc. are the same as the new entity, and creditors impacted by the bankruptcy realize this, they may have the ability to pursue the new entity for payment as a successor business. The second entity could be considered the same company, just under a new "banner." It may open up the new entity to lawsuits and creditors seeking payment. There may be proper ways to accomplish this to minimize or eliminate the possible negative effect.
Q. I own a duplex with a friend. We each live in one unit. The mortgage loan and the title list both of us.
A: When the co-owner files for bankruptcy, he will be required to list the property, his interest, as well as listing the mortgage lender as a secured creditor. There will also be a place for him to identify the co-owner. It will be critical to get a current fair market value for the property from a local realtor as the value must be listed along with the balance due on the mortgage. It will also be important for him to seek guidance from an experienced bankruptcy attorney who can evaluate the property and make sure that it will not be jeopardized as a result of the bankruptcy filing. He should not file without this crucial analysis and without an attorney representing him in the case.
Click here to see all answers
Contact & Map
Harlene Miller Law, A Professional Law Corporation
17910 Sky Park Circle Suite 105
Irvine, CA 92614
USA
Telephone: (949) 756-1313