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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
106 Questions Answered

Q. if a judgement s issued in a civil case then a stay is entered because a chapter 13 bankruptcy is filed
A: The stay tolls the deadline for a period of time. I urge you to talk with your bankruptcy attorney about this. If you do not have an attorney representing you in the Chapter 13, I urge you to get one. Chapter 13 is a complicated bankruptcy.
Q. Is it possible to join the class action case #18-20254. It's been a year since they filed.
A: If you received notice of the class action because you are a potential claimant based upon Navient school loans that you obtained, read the notice carefully and follow-up. Also, there is a site online - Navient student loan class action that has a lot of information and contact information. Some of this information may have been included in the notice that you may have received. I have no other information for you on this matter.
Q. Hello, I need help. My bankruptcy lawyer was paid to file a chapter 13 case and never did. Lost my home. Case?
A: You may want to seek assistance from a legal malpractice attorney to evaluate a claim against the attorney. I suggest you do that as soon as possible. If you still require bankruptcy assistance due to other debt, seek assistance from the State Bar of California for referrals.
Q. Can a Plaintiff get a judgement in Civil Court & Federal Court against two defendants for the same amount?
A: Your question is a bit vague, but if you are asking whether a creditor can file a lawsuit in a chapter 7 bankruptcy in federal court even though they already sued in state court - the answer is yes. If you filed bankruptcy, creditors can file a complaint (called an adversary proceeding) requesting a determination that the debt/judgment should not be discharged in the chapter 7 case. The creditor has a deadline to file the complaint. If this is the situation, I urge you to discuss it with your bankruptcy attorney. If you filed bankruptcy without an attorney, I urge you to consult with an experienced bankruptcy attorney to discuss your options. If the complaint has been filed in the chapter 7, you have a specific deadline to file an answer.
Q. Chapter 7 bankruptcy was discharged. Reaffirmation agreement was never signed, due to misplacement of paperwork?
A: This is really not a bankruptcy question so I am unable to tell you how any of the options will affect your credit. However, you need to determine what is financially best for you. From my experience with other clients, if you use the car as a trade in, and money is still owed on the original loan, the new lender will likely include the balance in the loan for the new car. Redeeming the car is paying the current fair market value for the vehicle - so depending upon that value and whether you have the funds to do that (which usually requires a lump sum purchase) - may not be viable for you or worthwhile. The best for your credit may be to continue the payments until the loan is paid in full.
Q. Would there be a difference between equity in federal court and equity in state court.
A: Not sure what you are asking. Are you are talking about "equity" or value in property? Then, this gives rise to questions about valuation of property for bankruptcy purposes and how best to protect "equity" or value you may have in property. My colleague is correct in that regard - we have two different lists of exemptions available in California that are used for protecting equity when filing bankruptcy. The other equity - is that the federal court (where bankruptcy is filed) is considered a court of equity which may have applicability if a complaint (adversary proceeding) is filed in a bankruptcy case by a creditor. If bankruptcy related in either case, you should consult with a qualified bankruptcy attorney - some of us offer half hour no charge consultations.
Q. What is the waiting period to file Chapter 7 that was converted from a Chapter 13?
A: My colleagues have covered the question, and I agree with the analysis. You may want to talk with an experienced bankruptcy attorney regarding a potential for filing another chapter 13, or some of us have experience in advising clients on ways to deal with creditors, budgeting and other ideas to handle the debt. Good luck to you.
Q. How low an income do you have to have to file for Chapter 7?
A: There are many variables in determining eligibility to file Chapter 7. I urge you to seek a consultation with a qualified bankruptcy attorney in your area. The analysis is critical in order for you to understand your options.
Q. Can I put my 30% ownership interest in a condo into an LLC in case I go bankrupt in a couple years so it can’t be taken?
A: I agree with Mr. Lively's comments. Also, Transferring assets in contemplation of bankruptcy is a slippery slope. You really need to consult with an experienced bankruptcy attorney in order to understand all of the issues and how best to protect yourself and assets that you have.
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Harlene Miller Law, A Professional Law Corporation
17910 Sky Park Circle Suite 105
Irvine, CA 92614
Telephone: (949) 756-1313