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AV Preeminent Peer Rated Attorneys
Hidden Valley Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Hidden Valley 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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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.

What can I do if I have been unemployed and could not afford bankruptcy?

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Answered by attorney Kathryn Ursula Tokarska (Unclaimed Profile)
Bankruptcy lawyer at Law Offices of Kathryn Tokarska
If you are unemployed and have virtually no assets, you could be judgment proof. This means that while creditor(s) may choose to sue you there is nothing to collect against. I don't know what area of California you are in but in San Diego there is no pro bono programs for bankruptcy. Legal Aid takes care of urgent matters like unlawful detainer and family law issues while Public Defender takes care of criminal matters. You cannot be put to prison for not paying your bills so your liberty is not at stake. Some attorneys may offer discounted fees for people in your situation, especially if the case is pretty simple and straight forward, or they may be willing to barter but please understand that to keep a law practice running the attorney has to pay the bills even if every effort is made to keep overhead low. Just to give you an idea, most creditors typically will not sue you for at least a year or so. The statute of limitation for filing a lawsuit for a breach of written contract in California is 4 years, so they have plenty of time. If you have a car loan and you need the car you should make sure to not fall behind more than 30-60 days on that loan so the vehicle doesn't get repossessed.
If you are unemployed and have virtually no assets, you could be judgment proof. This means that while creditor(s) may choose to sue you there is nothing to collect against. I don't know what area of California you are in but in San Diego there is no pro bono programs for bankruptcy. Legal Aid takes care of urgent matters like unlawful detainer and family law issues while Public Defender takes care of criminal matters. You cannot be put to prison for not paying your bills so your liberty is not at stake. Some attorneys may offer discounted fees for people in your situation, especially if the case is pretty simple and straight forward, or they may be willing to barter but please understand that to keep a law practice running the attorney has to pay the bills even if every effort is made to keep overhead low. Just to give you an idea, most creditors typically will not sue you for at least a year or so. The statute of limitation for filing a lawsuit for a breach of written contract in California is 4 years, so they have plenty of time. If you have a car loan and you need the car you should make sure to not fall behind more than 30-60 days on that loan so the vehicle doesn't get repossessed.
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What can I do about the error on paperwork when filing bankruptcy?

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Answered by attorney Deborah Ann Stencel (Unclaimed Profile)
Bankruptcy lawyer at Law Offices of Deborah A. Stencel
It is too late to reaffirm your mortgage if your case has been discharged. Amending your Statement of Intent will not fix that. I am assuming that the real issue here is that the mortgage has not been reaffirmed. If you had an attorney, you need to have them explain the process to you. If not, well, that is why having an attorney is recommended. Most judges will not reopen the case (and revoke the discharge) in order to approve a reaff. Reaffirmations must be signed before discharge. Good luck.
It is too late to reaffirm your mortgage if your case has been discharged. Amending your Statement of Intent will not fix that. I am assuming that the real issue here is that the mortgage has not been reaffirmed. If you had an attorney, you need to have them explain the process to you. If not, well, that is why having an attorney is recommended. Most judges will not reopen the case (and revoke the discharge) in order to approve a reaff. Reaffirmations must be signed before discharge. Good luck.
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Should I sign an agreement for judgment on a credit card debt?

Maureen O'Malley
Answered by attorney Maureen O'Malley (Unclaimed Profile)
Bankruptcy lawyer at Maureen O'Malley
You really need to talk with a Bankruptcy lawyer (nacba.org will give you a list of good ones in your area). Normally, I suggest you go to court and deny the debt and then make them prove it. This form may be saying they're not going to try to collect, though that's doubtful. They can't take social security as long as it's in an account without other funds added to it. If your house has equity, there could be a problem if they decide to pursue, thus my strong suggestion to talk to someone asap so you can speak in particulars and so you can protect yourself.
You really need to talk with a Bankruptcy lawyer (nacba.org will give you a list of good ones in your area). Normally, I suggest you go to court and deny the debt and then make them prove it. This form may be saying they're not going to try to collect, though that's doubtful. They can't take social security as long as it's in an account without other funds added to it. If your house has equity, there could be a problem if they decide to pursue, thus my strong suggestion to talk to someone asap so you can speak in particulars and so you can protect yourself.
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