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

Can a married woman in California file chapter 7 on her own?

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Answered by attorney Phong Thanh Tran (Unclaimed Profile)
Bankruptcy lawyer at Law Office of Pho Ethan Tran, PLLC
A married woman can file a chapter 7 by herself without affecting her husband's credit as long as her husband is not jointly liable for any of the debts.
A married woman can file a chapter 7 by herself without affecting her husband's credit as long as her husband is not jointly liable for any of the debts.
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Can I include a unemployment benefit overpayment when filing for bankruptcy?

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Answered by attorney Rustin Scott Polk (Unclaimed Profile)
Bankruptcy lawyer at Polk & Associates
When you file a bankruptcy case, the court will want a list of every debt you think you might possibly owe to any person, anywhere in the world. So yes, you should include the unemployment over payment when you file. As to whether or not your bankruptcy case will eliminate that particular debt by discharging it, the answer usually is yes but that answer can sometimes change when a lien has been filed as you indicated has been done. When a lien has been filed, you have to look at the exemptions and compare those to the property before being able to guess. Something else that effect the answer is the timing of when the lien was filed compared to when the bankruptcy case was filed.
When you file a bankruptcy case, the court will want a list of every debt you think you might possibly owe to any person, anywhere in the world. So yes, you should include the unemployment over payment when you file. As to whether or not your bankruptcy case will eliminate that particular debt by discharging it, the answer usually is yes but that answer can sometimes change when a lien has been filed as you indicated has been done. When a lien has been filed, you have to look at the exemptions and compare those to the property before being able to guess. Something else that effect the answer is the timing of when the lien was filed compared to when the bankruptcy case was filed.
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If my bankruptcy case says dismissed post confermation can i still make a payment still and pay it off and it my case be discharged then

Answered by attorney Mark J Markus
Bankruptcy lawyer at Law Office of Mark J. Markus
I really don't know what you mean when you say your "bankruptcy case says".  Bankruptcy cases don't say things.  Your case was either dismissed, or it wasn't.  If it was there must be a court order dismissing it, and if that occurred, your case is over and you did not receive a discharge of debts.  In order to receive a discharge you would need to file a new bankruptcy case. Without knowing why it was dismissed, when, and all the other facts and circumstances surrounding your case, I can't advise as to what other options you might have with respect to vacating the dismissal order, etc.  You need to consult with an experienced bankruptcy attorney in your area for more details. Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.  
I really don't know what you mean when you say your "bankruptcy case says".  Bankruptcy cases don't say things.  Your case was either dismissed, or it wasn't.  If it was there must be a court order dismissing it, and if that occurred, your case is over and you did not receive a discharge of debts.  In order to receive a discharge you would need to file a new bankruptcy case. Without knowing why it was dismissed, when, and all the other facts and circumstances surrounding your case, I can't advise as to what other options you might have with respect to vacating the dismissal order, etc.  You need to consult with an experienced bankruptcy attorney in your area for more details. Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.  
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