Menlo Park, CA Bankruptcy Law Firms & Lawyers

You will want to examine the bankruptcy case from the 9th circuit court of appeals called In Re Beezley which addresses the issue of a creditor that was omitted from a bankruptcy. This case, which applies to anyone whose bankruptcy occured within the 9th circuit (basically the west coast), holds that a creditor who didn't have notice of a bankruptcy where there ended up being no distribution to any creditors is covered by the bankruptcy discharge. In other words, if you had no property distributed to your creditors as a result of your bankruptcy, this creditor would not be able to collect anything from you. Best regards, Dorothy G Bunce Attorney at Law 2037 Franklin Ave Las Vegas NV 89104 afreshstart@cox.net (702) 456-1920 X 205

If the landlord has obtained an order for posession, the filing of the bankruptcy will not stop the eviction, although there are some exceptions. It also appears that you bought the property on contract and the landlord sold it to someone else. That would be an issue for the State Court, although you may be able to litigate it in the Bankruptcy Court as well. Seek the help of a good attorney.

You need to consult with a tax attorney and a good bankruptcy attorney. You can certainly lose the loss-carry forward to the bankruptcy estate. You may elect to file a short-year return through the date of filing, but you need to consult with someone very experienced with both areas of law to determine the best approach. Do not do anything without first obtaining a qualified tax opinion on the matter, because once you file it is too late to fix anything you may need to do to protect that loss carry forward. David L. Gibbs, Esq.The Gibbs Law Firm, APCSan Clemente, Californiadavid.gibbs@gibbslaw.com *Due to the limitations of the Lawyers.com Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. Further, information you provide to the Firm through this website is not confidential - it is available publicly to anyone visiting this website. The Firm shall have no obligation to keep the information you provide herein confidential in any context. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence. As required by 11 U.S.C. §528, we must now disclose that, "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Assistance we provide with respect to Debt Relief may involve bankruptcy relief under the Bankruptcy Code."