AV Preeminent Peer Rated Attorneys
Alameda County Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
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AV Preeminent Peer Rated Attorneys
Alameda County Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Alameda County Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
  • 318 Harrison St., Ste. 102, Oakland, CA 94607-4133

  • 777 Southland Dr., Ste. 250, Hayward, CA 94545

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  • 350 Frank H. Ogawa Plz., Ste. 600, Oakland, CA 94612

  • 2143 Cedar Street, Suite 200, Berkeley, CA 94709

  • 580 Grand Ave., Oakland, CA 94610

  • 405 14th St., Ste. 16, Oakland, CA 94612-2777

  • 38750 Paseo Padre Pkwy., Fremont, CA 94536-6135

  • Berkeley, CA 94707-0489

  • 409 13th St., 17th Fl., Oakland, CA 94612

  • 385 Grand Ave., Ste. 201, Oakland, CA 94610

  • 1300 Clay St., Ste. 600, Oakland, CA 94612

  • 3657 Grand Ave., Oakland, CA 94610-2009

  • 1124 E. 14th Street, Suite B., San Leandro, CA 94577

  • 2300 First Street, Suite 336, Livermore, CA 94550

  • 1300 Clay Street, Suite 600, Oakland, CA 94612

  • 2807 Castro Valley Blvd, Castro Valley, CA 94546

  • 2119 Addison St., Ste. A, Berkeley, CA 94704

  • 5870 Stoneridge Mall Road, Suite 210, Pleasanton, CA 94588

  • 318 San Carlos Ave., Piedmont, CA 94611

  • 7901 Stoneridge Drive, Suite 506, Pleasanton, CA 94588

  • 39899 Balentine Dr., Ste. 200, Newark, CA 94560

  • 1801 Cambridge Dr., Alameda, CA 94501

  • 4900 Hopyard Rd., Ste. 100, Pleasanton, CA 94588

  • 1 Kaiser Plz., Ste. 480, Oakland, CA 94612

  • 456 Eighth Street, Oakland, CA 94607

  • 21855 Redwood Rd., Castro Valley, CA 94546

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The average lawyer rating is created by peers based on legal expertise, ethical standards, quality of service, and relationship skills. Recommendations are made by real clients.

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Commonly Asked Bankruptcy Questions From Users Near You

This information is not legal advice and is not guaranteed to be correct, complete or up-to-date. It is provided for general informational purposes only. If you need legal advice you should consult a licensed attorney in your area.

Does this new company have to except the terms of the bankruptcy and us not reaffirming our mortgage?

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Answered by attorney Michael K. Elliott (Unclaimed Profile)
Bankruptcy lawyer at Elliott Law Firm, P.C.
Since you did not reaffirm, the debt was discharged. It makes no difference who holds it. All are bound by the Discharge Order.
Since you did not reaffirm, the debt was discharged. It makes no difference who holds it. All are bound by the Discharge Order.

If you're in a Chapter 13 bankruptcy plan, can you file a Chapter 7 instead?

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Answered by attorney Ellen Ann Brown (Unclaimed Profile)
Bankruptcy lawyer at Brown & Seelye Attorneys at Law
That is possible depending on the were the income is at and the reasons for filing ch 13 and not ch 7 to begin with. You need to contact your attorney and make an appointment with them.
That is possible depending on the were the income is at and the reasons for filing ch 13 and not ch 7 to begin with. You need to contact your attorney and make an appointment with them.
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Can debt collector withdraw money from a bank account?

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Answered by attorney Sheryl Susan Graf (Unclaimed Profile)
Bankruptcy lawyer at Law Offices of Sheryl S. Graf
A debt collector cannot process an electronic payment without an account holder's authorization. It sounds like your mother, a joint account holder, may have given them that authorization. If the amount of the transaction exceeded the authorization (i.e. the collector was authorized to take $50 but they took $600 instead), then the charge should be disputed with the bank immediately. Before going to the bank, your brother may want to check with Mom first to find out if she authorized the transaction. Someone had to have given the necessary bank account information to the debt collector! If it was Mom, your brother should ask Mom for repayment and possibly consider filing a lawsuit if she doesn't pay. The only way I can think of to prevent this from happening in the future is for you brother to close the joint account and open a new account in his name alone.
A debt collector cannot process an electronic payment without an account holder's authorization. It sounds like your mother, a joint account holder, may have given them that authorization. If the amount of the transaction exceeded the authorization (i.e. the collector was authorized to take $50 but they took $600 instead), then the charge should be disputed with the bank immediately. Before going to the bank, your brother may want to check with Mom first to find out if she authorized the transaction. Someone had to have given the necessary bank account information to the debt collector! If it was Mom, your brother should ask Mom for repayment and possibly consider filing a lawsuit if she doesn't pay. The only way I can think of to prevent this from happening in the future is for you brother to close the joint account and open a new account in his name alone.
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