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Jurisdictions Admitted to Practice
- 9th Circuit
- University of California, Davis, School of Law
20 Questions Answered
- Q. What are reasonable attorney fees for a BK 13 case that was not confirmed. How can I see what the court would consider
- A: The attorney has to file a motion with the court and the judge has to determine what is reasonable. That is based on the time spend, what was done, whether the work was necessary and other factors.
- Q. If I'm filing bankruptcy and getting a settlement from an accident do I have to disclose to the court
- A: Of course you have to disclose this claim. Section 541 defines what property you must list and it includes everything that you "own" or have a right to. Failure to disclose all assets may be grounds to prevent a discharge of debt or to revoke the discharge later on. You may be able to exempt all or part of the settlement. You are going to need experienced legal advice to get the benefits of bankruptcy.
- Q. I was not given sufficient notification on a Motion for Relief from Stay in my CH 13 bk. Hearing is days away.Options?
- A: You and your attorney must b be served by mail at least 14 days before the hearing. That means that the Notice and other documents go INto the mail 14 calendar days before the hearing. If on 14 days notice, the first hearing is considred a "preliminary hearing". At that time the court can schedule when you must reply in writing and when the creditor can reply. The court can also set a final hearing date. When I said "you and your attorney" that is key. If you don't have an attonrey you are running in the fog in the woods with a blindfold on. Not good. Is your home or car important? If so, should have had an attorney all along. In fact, your attorney would have received the Motion electronically the day it was filed and could have reacted much more quickly. Don't spend time looking for an answer online. Get an experienced bankruptcy attorney. That may be difficult since you've already filed, but see what you can do and stop trying to do this without legal help.
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