Claimed Lawyer ProfileQ&A
- DCDM Law Group
- University of California, Davis, School of Law
- University of California - Los Angeles
- B.S. | Chemical Engineering
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- Pasadena Magazine
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- Pasadena Magazine
- California State Bar
- Pasadena Bar Association
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14 Questions Answered
- Q. Can a plaintiff's name just be changed in a court pleading without filing anything official with the court?
- A: Although most of the time the answer to your question would probably be "NO", you are dealing with an unusual situation. Because Bank of America purchased all of the assets of Countrywide as part of a regulated FDIC transaction, Federal Law allows Bank of America to step into the shoes of Countrywide. There are a number of unusual provisions which apply in this sort of Federal takeover, and the ability to substitute in as the real party in interest is one of them. So in this case: yes.
- Q. Are california loan modifications that are approved filed with the County Recorders Office?
- A: Not in the normal course of events. The original loan documentation provides for the recording of a Deed of Trust, which reference the actual Note. The Note itself is not normally recorded. If the payment terms are modified, it is unlikely that there would be a filing with the county recorder. However, if the amount of the Loan is actually being reduced, it may be appropriate to have some new documents recorded. The fee to record a document is quite modest, but the document itself typically must be notarized. Ask your lender to record a loan modification document if you want it done. In most cases, the modification is simply a contract between the lender and borrowere and does not have to be recorded to be effective.
- Q. I THINK I need a BKR lawyer for an adversary proceediing. In the SF Bay area.
- A: Regardless of whether you are the actual or potential defendant, or the plaintiff in a potential adversary action, you need to act quickly. There are very strict time limits imposed in most adversary actions. If you fail to act, you may forever lose important rights. And it is critical that you understand that if you are the Debtor, you can be served by regular mail, and that service is "effective" unlike state court where you have to be personally served! Act quicly to protect your rights!
- Q. What does it mean when a discharge is vacated as a result of clerical error
- A: It actually is pretty self-explanatory. Anyone can make a mistake, and the clerk sometimes processes a discharge when it should not have been done. It does not necessarily mean the Debtor is not entitled to ultimately get his discharge. It may just mean that the Trustee has not completed some of his work, or the required time frames have not passed, or that the Debtor has not filed his post-filing credit management certificate. If you are the Debtor, you may be able to call the clerk and ask why. The fact that the notice says "as a result of clerical error" tells you it was not a situation where the Debtor himself did something wrong.
- Q. Do bankruptcy lawyers carry E and O Insurance? is it required?
- A: Many if not most bankruptcy lawyers do carry some form of E and O Insurance. The Business and Professions Code, and the California State Bar regulate the cirumstances and whether such insurance is required. You should feel absolutely free to ask your lawyer this question. And you should have that spelled out in the written retainer agreement that you get from you lawyer, which should cover this and all the other relevant points about your engagement of your lawyer.
- Q. Can I sue mainstay business solutions after they are in bankruptcy
- A: Your question is a little unclear. I take it that "mainstay business solutions" is a company who has filed bankruptcy, and owes you money? If so, when they file bankruptcy the automatic stay normally prevents you from suing them. However, depending on the facts (why they owe you the money, what other relief you might be seeking such as to evict them from real property, etc.), you might be able to obtain permission from the bankruptcy court to sue them (called "relief from stay"). A full answer to your question requires more information, and you probably need to talk to a bankruptcy attorney.
- Q. I filled emergency chapter 13 on July 07 at 10:00am, but the bank sold the house on July 7th at 9:00 am when the sale
- A: Filing bankrukptcy normally creates an automatic stay to stop foreclosure proceedings (among other things). But it is not retroactive! If the bank already sold your house an hour earlier through a foreclsoure sale, the bankruptcy does not void that earlier sale. It is alway important that you file a bankruptcy proceeding BEFORE the foreclosure sale. And it is always a good idea to contact the foreclosure trustee as soon as you file, and give him the bankruptcy case number so he knows that you have filed.
- Q. I am looking for a "Confession of Judgment" form for California, does anyone know where I can obtain this.
- A: This is not a "form" which is usually used in California. It implies an outdated procedure, by which Defendants were asked to waive their rights and consent to a judgment, often in advance. The typical procedure in California would be to enter into a Stipulated Judgment. The Debtor would normally want to have a provision that the Judgment is not entered so long as he is making stipulated periodic payments. But all of this is normally part of a negotiated settlement.
- Q. Can I change a Chapter 13 to a chapter 7 and still keep my car that is worth far less than the payments I am making?
- A: Your ability to keep an automobile in a Chapter 7 depends primarily on the amount of equity which you have in the car (fair market value above and beyond the amount owed). Although there are two sets of exemptions available in California, if the car is "worth far less than the payments I am making", you can normally qualify to keep the car if you convert to Chapter 7. Just be sure you understand all the consequences of converting the case, and that you are not creating other problems. While we always suggest you consult a bankruptcy attorney, you can find a list of California exemptions online, or in the California Codes of Civil Procedure at sections 703 and 704.
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