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AV Preeminent Peer Rated Attorneys
Palo Alto Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Palo Alto 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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  • 3150 Porter Dr., Palo Alto, CA 94304-1212

  • 550 South California Avenue, Suite 320, Palo Alto, CA 94306

  • Palo Alto, CA 94302-1281

  • 101 California Ave., Palo Alto, CA 94306

  • 3000 El Camino Real, Ste. 200, Palo Alto, CA 94306

  • 2225 E. Bayshore Rd., Ste. 246, Palo Alto, CA 94303

  • 530 Lytton Avenue, Palo Alto, CA 94301

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About our Bankruptcy Lawyers Ratings

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.

Two people are on title of a paid off vehicle, what happens in case of bankruptcy?

Diane L Drain
Answered by attorney Diane L Drain (Unclaimed Profile)
Bankruptcy lawyer at Law Office of D. L. Drain, P.A.
It depends on the exemptions of the state and the value of the property. Make sure the person filing for bankruptcy talks to their attorney. You don't want this to ambush either party.
It depends on the exemptions of the state and the value of the property. Make sure the person filing for bankruptcy talks to their attorney. You don't want this to ambush either party.
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Am I liable to pay money with no written agreement or contract?

default-avatar
Answered by attorney Roberta Ohlinger-Johnson (Unclaimed Profile)
Bankruptcy lawyer at Harris, Yug & Ohlinger
Under the law, it's either a loan or a gift. Based on what you've stated, it sure seems like it was a gift to me if you told her not to, and that you couldn't pay her back if she did. And, by the way, once someone gives a gift, they can't take it back.
Under the law, it's either a loan or a gift. Based on what you've stated, it sure seems like it was a gift to me if you told her not to, and that you couldn't pay her back if she did. And, by the way, once someone gives a gift, they can't take it back.
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Bk Chapter 7Can I stop my Chapter 7 bankruptcy?

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Answered by attorney Tony E. Carballo (Unclaimed Profile)
Bankruptcy lawyer at Carballo Law Offices
It is not impossible to stop a Chapter 7 case but you do need court permission. You have to file a motion to dismiss the case and the Trustee may oppose the motion if there is property that you cannot exempt. If you do not have exemptions to protect all your property the Trustee may object to the dismissal of your case. It will depend on the amount involved. The court decides whether or not you can dismiss your case. You do not have the right to dismiss your case without a court order. Once you file for Chapter 7 all of your property is transferred to the estate in bankruptcy and you can remove from the estate and keep whatever property the law allows you to exempt (keep). Technically the property you cannot exempt is no longer yours but belongs to your creditors and it is the Trustee's job to take the property and distribute it to the creditors. Your income tax refund belongs to the estate and unless you can exempt it. It is questionable, however, whether the federal earned income credit belongs to the estate. There are different decisions by different bankruptcy court on that issue. Therefore, if you are getting a large tax refund because you have children and did not earn much then your lawyer can try to argue that the amount you are getting because of the earned income credit may not be part of your bankruptcy estate. The same may be true with regard to the additional tax credit for children 16 or under that is available under federal tax laws.
It is not impossible to stop a Chapter 7 case but you do need court permission. You have to file a motion to dismiss the case and the Trustee may oppose the motion if there is property that you cannot exempt. If you do not have exemptions to protect all your property the Trustee may object to the dismissal of your case. It will depend on the amount involved. The court decides whether or not you can dismiss your case. You do not have the right to dismiss your case without a court order. Once you file for Chapter 7 all of your property is transferred to the estate in bankruptcy and you can remove from the estate and keep whatever property the law allows you to exempt (keep). Technically the property you cannot exempt is no longer yours but belongs to your creditors and it is the Trustee's job to take the property and distribute it to the creditors. Your income tax refund belongs to the estate and unless you can exempt it. It is questionable, however, whether the federal earned income credit belongs to the estate. There are different decisions by different bankruptcy court on that issue. Therefore, if you are getting a large tax refund because you have children and did not earn much then your lawyer can try to argue that the amount you are getting because of the earned income credit may not be part of your bankruptcy estate. The same may be true with regard to the additional tax credit for children 16 or under that is available under federal tax laws.
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