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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
56 Questions Answered

Q. Can I File for bankruptcy to avoid being evicted
A: I agree with my colleague - meeting with a bankruptcy attorney to get full information and analysis of your options is critical. Also, once an order of eviction is issued, the bankruptcy will not stop that eviction as you no longer have an interest in the property to protect. If you file bankruptcy before the order is entered to evict you, the bankruptcy will stop the eviction - but not permanently. The landlord can seek relief from the bankruptcy court to proceed with the eviction.
Q. Can I refile a lien on real property, against a person who I had taken to small claims court, and I won the judgment,
A: If you recorded a lien before the bankruptcy, the lien survived the bankruptcy unless the Debtor took action to try to have the lien removed. However, if you recorded a lien after a bankruptcy was filed, that lien is void as it was an action taken to collect a debt in violation of the automatic stay imposed when the case was filed and the discharge injunction when the case was concluded. If you require more information, talk with a bankruptcy attorney in your area.
Q. Can my ex-husband come after me if I file bankruptcy & he's responsible for credit cards I agreed to pay in the decree?
A: I suggest you meet with your family attorney to review the dissolution documents. If there is an indemnification clause in the agreement whereby if one of you has to pay the credit card debt assigned to the other spouse who is now not paying them, an indemnification agreement would allow the paying spouse to seek recovery of the money that was paid to the creditor from the non-paying spouse. However if there is no such clause, the only thing that has occurred is that you split up the debt. This is not a debt owed to a spouse or former spouse as stated in the bankruptcy code - so it should be dischargeable. With no indemnification agreement, what you have is only an agreement that you would pay some of the joint creditors and your spouse would pay some of the joint creditors. The creditors were not party to that agreement and is not bound by it - thus if either of you don't pay a particular debt, the creditor can look to the other spouse for payment. Meeting with the family attorney and then a bankruptcy attorney will clarify the issues for you.
Q. I rear end someone and am being g sued. I had no insurance. I am at fault and cannot pay. Will filing bankruptcy help
A: I agree with my colleague in his response. I urge you to meet with bankruptcy counsel in your area to obtain additional information about bankruptcy options. There are still issues for you to look into but this type of debt should be dischargeable based upon the limited information provided in your question.
Q. How do I collect on a debt of the medical practice that is ceasing operations and will be filing for bankruptcy?
A: From the information you provided, it doesn't sound like the bankruptcy has been filed. If it has not been filed, you can continue to attempt to collect your debt. If you receive a notice of bankruptcy, that would stopped you from collection activity. However, it might be beneficial to meet with a bankruptcy attorney to review your options. Creditors do have some power even when a bankruptcy is filed.
Q. Do I have to show up for “hearing on motion for judgement on the pleadings” if I am still awaiting my discharge papers?
A: If you properly notified the creditor that had sued you prior to your bankruptcy was filed (which I assume from the content of your question), you do not have to appear at any scheduled hearing in state court. If no one filed anything in your case either objecting to your discharge or seeking nondischargeability of a particular debt by the deadline, the notice of discharge will soon be entered and a copy sent to you and the creditors.
Q. What forms would I use to file an answer to a Summons And Notice Of Status Conference In An Adversary Proceeding.
A: I urge you to seek advice and assistance from local bankruptcy counsel for handling an adversary proceeding. An answer to the complaint is not a form, but rather a "pleading" that entails providing responses to each allegation, and setting forth any defenses you have. Also, I don't know what "court date" you are referring to - is a status conference scheduled for that date regarding the adversary proceeding? The answer must be filed within 30 days from the date the summons was issued and locally, the answer deadline is specified on the summons that was issued by the Court. Again - you should really get assistance from a bankruptcy attorney with litigation experience.
Q. Can you help me and my spouse file a bankruptcy
A: My colleagues have suggested what I would also suggest - you may be judgment proof and do not need bankruptcy. There are, however, many bankruptcy attorneys who offer a no charge half hour consultation that could go over the details of this option. I urge you to seek that assistance. Although not in your area, I do offer such a consultation should you wish to speak with me on the phone. Good luck.
Q. The chapter 7 Trustee is going after the equity in the house , how can I stop him ?
A: I urge you to immediately meet with an experienced bankruptcy attorney or certified specialist in bankruptcy law to advice you and review the facts of the situation and your case. This would/should have been something discussed prior to filing the bankruptcy case - I assume you did not have an attorney when you filed the case. There is too much to discuss on this site, so take action immediately to get an attorney to assist you with this.
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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