Claimed Lawyer ProfileQ&A
Jurisdictions Admitted to Practice
- 9th Circuit
- University of Texas - Austin
- J.D. | Law
- - present
- University of Michigan - Ann Arbor
- B.A. | English and Psychology
- State Bar of California # 151470
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11 Questions Answered
- Q. Can you help me and my spouse file a bankruptcy
- A: I agree with my colleague that you may not need to file bankruptcy. With that said, some people who are judgment proof still desire to file in order to avoid creditor harassment. You are located in Rialto which is not too far from the Riverside bankruptcy court where a bankruptcy clinic is held. Please feel free to contact me to discuss. I wish you much success.
- Q. is chapter 13 multiple bankruptcy filing within a year or a calendar year (jan 1st -dec 31)?
- A: It is within a year of filing.
- Q. Am I liable for my wife's credit card debt? We are married and she's is going through some mental distress(bipolar?).
- A: It depends. California is a community property state. This means that debts incurred by your wife before marriage are generally hers alone unless you were a co-signor. However debts incurred during the marriage generally belong to the community which means joint responsibility. You mentioned your wife has bi-polar. Is the debt spending illness related? If so, does she need to have her medication adjusted to help curb the spending? Another suggestion is to have your wife join Debtors Anonymous. Lastly, try talking to a family law attorney about a post-nuptial agreement regarding assets and debt allocation.
- Q. I have about 40K in credit card debt in my name only. I'm married, soon to start divorce process. we own a house togethe
- A: I agree with the other attorneys. Sounds like the house is a community property asset which means your creditors can go after. Assuming you file bankruptcy, the trustee can also go after should you fail to list and/or if there is unprotected equity. In such event, your spouse could be put in the position of having to negotiate with the trustee to keep the house. I recommend talking to a bankruptcy attorney. Most attorneys offer a free consultation. Much success.
- Q. I am dealing with an HOA need to know if filling for bankruptcy will help them get off my back .
- A: It depends. Bankruptcy may or may not be the answer depending on your situation. An attorney needs to look at many factors to determine whether you qualify for bankruptcy and whether it is best. I recommend contacting a bankruptcy attorney to discuss your situation more fully. Most attorneys offer a free consultation. Much success.
- Q. If a person declares BK, can they include 2 of their credit cards, but keep 1 credit card & their line of credit intact?
- A: If social security is her only source of income then she does not need to file bankruptcy. Creditors cannot garnish or levy social security benefits. This means she is judgment proof. If she is concerned about creditor calls, then have her change her phone number. If however she decides to file bankruptcy she is required to list all her creditors. In such event, the LOC bank may close the credit line. Much success.
- Q. In Ch 7 Bankruptcy, can I create promissory notes now if I never made them then for small loans from parents, friends?
- A: If you owe them money, they would be listed as insiders to whom you made payments. Depending on how much was paid and when, the trustee may go after. If possible, have them return the money to you. You can then exempt it and pay them back later. Discuss additional strategies with your attorney. I wish you much success
- Q. Can I file an amended schedule for homestead exemption from 100 to 175 thousand if I turned 55 a few weeks after filing?
- A: Unfortunately the exemption amount is determined at the time of filing. To get the higher exemption amount, you should have waited until you turned 55. The timing of a bankruptcy filing is critical. I wish you much success.
- Q. ?How can I stop An unlawful detainer
- A: Bankruptcy is one route to use depending on where you are in the process and what your goals are. If you choose to file BK but the landlord gets a judgment of possession before you file, then you are generally out of luck. If not, you may be okay but note there are other qualifying requirements. I recommend contacting a bankruptcy attorney to discuss. Most attorneys offer a free consultation. I wish you much success.
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