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AV Preeminent Peer Rated Attorneys
Newport Beach Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Newport Beach 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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  • 4 Upper Newport Plz., Ste. 101, Newport Beach, CA 92660

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  • 2424 SE Bristol Street, Suite 300, Newport Beach, CA 92660

  • 4675 MacArthur Court, Ste. 490, Newport Beach, CA 92660-6439

  • 5000 Birch Street, Suite 3000, Newport Beach, CA 92660

  • 180 Newport Center Drive, Suite 100, Newport Beach, CA 92660

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  • 4675 MacArthur Ct., Ste. 1540, Newport Beach, CA 92660-1884

  • 5030 Campus Dr., Newport Beach, CA 92660

  • Newport Beach, CA 92662

  • 620 Newport Center Drive, Suite 1100, Newport Beach, CA 92660

  • 177 Riverside Ave., Ste. F, Newport Beach, CA 92663-4080

  • 5001 Birch St., Newport Beach, CA 92660

  • 5120 Birch St., Ste. 100, Newport Beach, CA 92660

  • 1000 Quail St., Ste. 189, Newport Beach, CA 92660

  • 450 Newport Center Drive, Second Floor, Newport Beach, CA 92660

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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 do I do if my ex filed bankruptcy?

Ajibola Oluyemisi Oladapo
Answered by attorney Ajibola Oluyemisi Oladapo (Unclaimed Profile)
Bankruptcy lawyer at Dearbonn Law Offices PLLC
First of all, you cannot discharge IRS debts. Secondly, you are now single and no longer married to him, so you will still get your refund.
First of all, you cannot discharge IRS debts. Secondly, you are now single and no longer married to him, so you will still get your refund.

Can I file a chapter 13 to save my home from being sold at auction due to delinquent property taxes?

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Answered by attorney Dorothy G. Bunce (Unclaimed Profile)
Bankruptcy lawyer at A Fresh Start
Absolutely, but you will need to use the time in the Chapter 13 to pay off the back taxes. Strategy is very important in Chapter 13, and an experienced Chapter 13 attorney will have some great strategies to help make a Chapter 13 work to accomplish your goals.
Absolutely, but you will need to use the time in the Chapter 13 to pay off the back taxes. Strategy is very important in Chapter 13, and an experienced Chapter 13 attorney will have some great strategies to help make a Chapter 13 work to accomplish your goals.
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My lawyer failed to include judgment liens in my chapter 7 case in California. They are more than the 100k equity. Now I can't refinance or sell. Sue?

Answered by attorney Mark J Markus
Bankruptcy lawyer at Law Office of Mark J. Markus
When you say your lawyer "failed to include" judgment liens, I'm not sure what you mean.  If you mean they were not listed on your bankruptcy papers, that is not your lawyer's fault, unless you provided the lien information to them and they did not put them on the final papers that were filed.  Although even in that instance, you presumably reviewed the final papers before they were filed with the court, so I doubt you would have a good cause of action against them for malpractice if you signed the documents without the liens/debt being listed. If instead what you mean is that the liens were listed but your lawyer did not seek to have them avoided (i.e. removed) by filing the appropriate motion with the court, that is a separate issue altogether and whether it is negligence will depend on what your written agreement with the attorney provided.   In the Central District of California attorneys are required to list exactly what their representation includes and excludes, and in most cases something like a lien avoidance motion would not be included in the basic filing fees.  Your retainer agreement with the attorney would determine whether he/she was responsible for filing any motions to avoid liens. All that having been said, if your liens were avoidable on the date you filed your bankruptcy case, you can still seek to reopen your bankruptcy case to have them avoided now.  But it is a mathematical requirement, so the numbers must show you can do it.  You would need an appriasal of your property as of the date your case was filed, the amount owed all mortgages and other liens against the property, and the amount exempted on Schedule "C".  With that information an experienced bankruptcy attorney can determine if the lien(s) are avoidable. I suggest scheduling a consult with an experienced bankruptcy attorney in the district where your case was filed.
When you say your lawyer "failed to include" judgment liens, I'm not sure what you mean.  If you mean they were not listed on your bankruptcy papers, that is not your lawyer's fault, unless you provided the lien information to them and they did not put them on the final papers that were filed.  Although even in that instance, you presumably reviewed the final papers before they were filed with the court, so I doubt you would have a good cause of action against them for malpractice if you signed the documents without the liens/debt being listed. If instead what you mean is that the liens were listed but your lawyer did not seek to have them avoided (i.e. removed) by filing the appropriate motion with the court, that is a separate issue altogether and whether it is negligence will depend on what your written agreement with the attorney provided.   In the Central District of California attorneys are required to list exactly what their representation includes and excludes, and in most cases something like a lien avoidance motion would not be included in the basic filing fees.  Your retainer agreement with the attorney would determine whether he/she was responsible for filing any motions to avoid liens. All that having been said, if your liens were avoidable on the date you filed your bankruptcy case, you can still seek to reopen your bankruptcy case to have them avoided now.  But it is a mathematical requirement, so the numbers must show you can do it.  You would need an appriasal of your property as of the date your case was filed, the amount owed all mortgages and other liens against the property, and the amount exempted on Schedule "C".  With that information an experienced bankruptcy attorney can determine if the lien(s) are avoidable. I suggest scheduling a consult with an experienced bankruptcy attorney in the district where your case was filed.
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