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

Do I have to give her the car back and if I do does she have to pay me the money she is behind?

Answered by attorney Marjorie A. Guymon
Bankruptcy lawyer at Goldsmith & Guymon, P.C.
A debtor can avoid the repossession by a secured party if the debtor still has equity/rights in the property. However, a condition on returning physical possession of the property back to the debtor is to assure adequate protection of the secured party's interest in the property. Under Nevada law, which adopts Article 9 of the UCC, title doesn't transfer until the property is foreclosed upon. Repossession is merely a means of facilitating transfer of title. But if the debtor is completely underwater, courts have held that the debtor no longer has any interest in the property and is not subject to turnover. Reaffirmation must be approved by the court. I would not surrender the car but rather make the debtor file a motion for turnover or otherwise force you to enter into a reaffirmation agreement.
A debtor can avoid the repossession by a secured party if the debtor still has equity/rights in the property. However, a condition on returning physical possession of the property back to the debtor is to assure adequate protection of the secured party's interest in the property. Under Nevada law, which adopts Article 9 of the UCC, title doesn't transfer until the property is foreclosed upon. Repossession is merely a means of facilitating transfer of title. But if the debtor is completely underwater, courts have held that the debtor no longer has any interest in the property and is not subject to turnover. Reaffirmation must be approved by the court. I would not surrender the car but rather make the debtor file a motion for turnover or otherwise force you to enter into a reaffirmation agreement.
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If I lost my job, can I go from chapter 13 to 7 without losing my house?

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Answered by attorney Dorothy G. Bunce (Unclaimed Profile)
Bankruptcy lawyer at A Fresh Start
It sort of depends on why your filed Chapter 13. For example, if you filed Chapter 13 to catch up on your delinquent mortgage payments to save your house, converting to Chapter 7 won't resolve the issue of a delinquent mortgage. Or if you filed Chapter 13 because you had too much equity in the house to protect it by the available homestead exemptions, converting will not help you either.
It sort of depends on why your filed Chapter 13. For example, if you filed Chapter 13 to catch up on your delinquent mortgage payments to save your house, converting to Chapter 7 won't resolve the issue of a delinquent mortgage. Or if you filed Chapter 13 because you had too much equity in the house to protect it by the available homestead exemptions, converting will not help you either.
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What can I do if the new attorney not responding?

Answered by attorney Michael Jay Berger
Bankruptcy lawyer at Law Offices of Michael Jay Berger
It's definitely time for you to get a new bankruptcy attorney. You may be entitled to all or part of your fee back, depending on the work that was done by your former bankruptcy attorney. If e-mails, calls and letters are not working, try making a complaint to the State Bar and the State Bar Client Security Fund.
It's definitely time for you to get a new bankruptcy attorney. You may be entitled to all or part of your fee back, depending on the work that was done by your former bankruptcy attorney. If e-mails, calls and letters are not working, try making a complaint to the State Bar and the State Bar Client Security Fund.
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