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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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).

Duncan Peterson, LLP

  • 9665 Chesapeake Dr., St. 305, San Diego, CA 92123

Pyle Sims Duncan & Stevenson

  • 401 B. St., Ste. 1500, San Diego, CA 92101

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Imperiale Law Group

  • 2534 State St., Ste. 409, San Diego, CA 92101-1316

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Law Office of Octavio Velarde

  • 3111 Camino Del Rio, San Diego, CA 92108

McGahey & McGahey, APC

  • 1532 6th Ave., San Diego, CA 92101

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The Nassar Firm

  • 402 W Broadway, Ste. 800, San Diego, CA 92101

Offices of Creig Greaves Attorney at Law

  • 110 West C St., Ste. 2101, San Diego, CA 92101

Pillsbury Winthrop Shaw Pittman LLP

  • 501 W. Broadway, Ste. 1100, San Diego, CA 92130-4088

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The Law Offices of Robert M. Cohen and Associates

  • 421 Broadway #5033, San Diego, CA 92101

Wm. M. Moore Attorney at Law

  • 306 Upas St., San Diego, CA 92103-4921

Bailey Law Corpoartion

  • 8880 Rio San Diego Dr., 9th Fl., San Diego, CA 92108

Wittman & Wittman

  • 8690 Aero Dr., Ste. 115 #307, San Diego, CA 92123

Law Office of David Sean Dufek

  • 2655 Camino Del Rio N., Ste. 110, San Diego, CA 92108

Law Office of Geoffrey E. Marr

  • 550 W. "C" St., Ste. 700, San Diego, CA 92101-7913

Smaha Law Group

  • 7860 Mission Center Ct., Ste. 100, San Diego, CA 92108

Hilbert & Satterly LLP

  • 409 Camino del Rio South, Suite 104, San Diego, CA 92108

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Shad Cavoulas

  • 1010 University Ave., Ste. 465, San Diego, CA 92103-3398

Rodriguez & Rodriguez Law Firm, P.C.

  • 12526 High Bluff Dr., Ste. 300, San Diego, CA 92130

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Benner Law Firm

  • 411 Camino Del Rio South, Suite 106, San Diego, CA 92108

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The MacPete Law Firm

  • 3203 Felton St., San Diego, CA 92104-4708

Rejali Law Firm

  • 8880 Rio San Diego Dr., 8th Fl., San Diego, CA 92108

Injury Law Group

  • 11622 El Camino Real, Ste. 100, San Diego, CA 92130

Latham & Watkins LLP

  • 12670 High Bluff Dr., San Diego, CA 92130

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Conforti & Turner, LLP

  • 600 West Broadway, Suite 1520, San Diego, CA 92101

Blackmar, Principe & Schmelter A Professional Corporation

  • 600 B Street, Suite 2250, San Diego, CA 92101-4521

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Law Office of Richard Komisars

  • 2840 Adams Ave., Ste. 309, San Diego, CA 92116

Best Best & Krieger LLP

  • 655 W. Broadway, 15th Fl., San Diego, CA 92101

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Gordon Rees Scully Mansukhani, LLP

  • 101 W. Broadway, Ste. 2000, San Diego, CA 92101

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Radmila A. Fulton

  • 1545 Hotel Circle South, Suite 190, San Diego, CA 92108-3413

Phillips, Haskett & Ingwalson

  • 701 B St., Ste. 1190, San Diego, CA 92101-8108

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About our Bankruptcy Lawyers Ratings

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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 my friend get sued for a loan I repaid her?

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Answered by attorney Dorothy G. Bunce (Unclaimed Profile)
Bankruptcy lawyer at A Fresh Start
I would hang tight. It is unlikely that the trustee will actually sue your friend for this small amount of money, as the legal fees and administrative costs would not result in much of a distribution to your creditors. The arguments you make as to your intention and the source of repayment aren't particularly persuasive. You may wish to consult with other attorneys in your community about the reputation of the trustee assigned to your case as to whether s/he will follow through on this threat.
I would hang tight. It is unlikely that the trustee will actually sue your friend for this small amount of money, as the legal fees and administrative costs would not result in much of a distribution to your creditors. The arguments you make as to your intention and the source of repayment aren't particularly persuasive. You may wish to consult with other attorneys in your community about the reputation of the trustee assigned to your case as to whether s/he will follow through on this threat.
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Does Chapter 7 bankruptcy automatically accelerates a debt?

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Answered by attorney Ronald Karl Nims (Unclaimed Profile)
Bankruptcy lawyer at Ronald K. Nims
I've never read your mortgage, so I don't know the terms of your mortgage. Most mortgages with large lenders are only accelerated if the lender sends a notice to you that it has been accelerated. You can't reaffirm a mortgage, reaffirmation of a mortgage gives a debtor significant obligations and no benefits. That will never pass the "best interest of the debtor" test. You are not personally liable on the mortgage but it is a lien against the house.
I've never read your mortgage, so I don't know the terms of your mortgage. Most mortgages with large lenders are only accelerated if the lender sends a notice to you that it has been accelerated. You can't reaffirm a mortgage, reaffirmation of a mortgage gives a debtor significant obligations and no benefits. That will never pass the "best interest of the debtor" test. You are not personally liable on the mortgage but it is a lien against the house.
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Am I responsible if we were legally separated at the time of this debt?

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Answered by attorney Ronald Karl Nims (Unclaimed Profile)
Bankruptcy lawyer at Ronald K. Nims
When you say "she gave up rights to the property at the time of bankruptcy" do you mean that a new deed or court order was recorded that only shows your name and not her name? If not, then she's still owner of 1/2 the house. The bankruptcy papers won't be accepted as proof of transfer of ownership because ownership is only transferred by deed or court order. If the judgments were recorded as liens after the date she filed bankruptcy, they are invalid. You can have them removed. The easy way (maybe not so easy if you and the ex aren't on good terms) is to have the ex or the ex's lawyer (you'd be paying for this) write the lienholder and inform them that their lien is in violation of the discharge injunction of her bankruptcy, request that they voluntarily release the lien and threaten to take them to the bankruptcy court for sanctions. The hard way is to file a suit to clear title with the county court and get a court order releasing the liens. If the liens were recorded before she filed bankruptcy and while her name was on the deed, then the liens are valid. To release them, you'll have to pay them off.
When you say "she gave up rights to the property at the time of bankruptcy" do you mean that a new deed or court order was recorded that only shows your name and not her name? If not, then she's still owner of 1/2 the house. The bankruptcy papers won't be accepted as proof of transfer of ownership because ownership is only transferred by deed or court order. If the judgments were recorded as liens after the date she filed bankruptcy, they are invalid. You can have them removed. The easy way (maybe not so easy if you and the ex aren't on good terms) is to have the ex or the ex's lawyer (you'd be paying for this) write the lienholder and inform them that their lien is in violation of the discharge injunction of her bankruptcy, request that they voluntarily release the lien and threaten to take them to the bankruptcy court for sanctions. The hard way is to file a suit to clear title with the county court and get a court order releasing the liens. If the liens were recorded before she filed bankruptcy and while her name was on the deed, then the liens are valid. To release them, you'll have to pay them off.
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