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Bankruptcy Law/Questions Answered by Expert Norma Duenas - California Bankruptcy Attorney
| Subject | Date Asked |
| Change life ins. beneficiares during Ch. 13? | 12/14/2011 |
| Q: My wife and I are in Chapter 13. She now has terminal cancer, and will likely die before the ... A: In my opinion changing the beneficiary on the life insurance policy is a transfer of an asset that ... | |
| Lien Strip | 9/20/2011 |
| Q: We have been discharged in Ch 7 a year ago. I have a HELOC and was told I would have to do Ch 13, ... A: Whether you can turn around and do a lien strip on your property after having received a Chapter 7 ... | |
| bankruptcy and tax refund | 7/20/2011 |
| Q: I had an SBA guaranteed loan that just got discharged in a chapter 7. I know that the US Treasury ... A: If the SBA guaranteed loan was discharged as part of your bankruptcy then the U.S. Treasury should ... | |
| JOINT CREDIT CARD DEBT IN BANKRUPTCY | 6/10/2011 |
| Q: I FILED CHAPTER 13 BANKRUPTCY OVER A YEAR AFTER MY DIVORCE. I WAS GIVEN A JOINT CREDIT CARD THAT I ... A: If you were assigned the debt as part of your divorce decree it probably contains a hold harmless ... | |
| Chapter 7 Bankruptcy and spouse's liability | 3/3/2011 |
| Q: We are in California. My wife filed Chapter 7 alone last year and it was discharged. My wife did not ... A: If the debt for the rental home was a community debt then your wife's Chapter 7 discharge operated ... | |
| Chapter 7 Bankruptcy | 2/11/2011 |
| Q: If you sign a contract with an attorney to provide Chapter 7 bankruptcy services and pay the amount ... A: This would depend on what was agreed to in the contract initially. If you signed a contract ... | |
| tax | 1/24/2011 |
| Q: About a year ago I filed for bankruptcy and released a rental row house in Baltimore, md. The ... A: If you surrendered the property as part of your bankruptcy case then your liability was removed as ... | |
| chapter 7 and 2nd trust deeds | 1/3/2011 |
| Q: can I dismiss my 2nd trust deed loan, in a chapter 7 bankruptcy filing. I have been told yes and ... A: When you file for Chapter 7 bankruptcy, it will not remove the liens on your home from either a ... | |
| reaffrimaton on a car | 11/11/2010 |
| Q: Our Dodge Durango the Judge denied reaffirming the car. For the past year we have continued to make ... A: If your case was dismissed that means that you are still responsible for any of the debts that were ... | |
| divorce and bankruptcy | 11/5/2010 |
| Q: When I got divorced, I agreed to take all of the credit card and house debt even though I couldn't ... A: You may not be able to discharge some of your debt in a Chapter 7 bankruptcy. If you agreed to take ... | |
| Discharged Creditor | 11/3/2010 |
| Q: I received a 10K investment from a fried a few years back. The money was an investment in a ... A: If it was a debt that was owed to the person from your business as a sole proprietor then it would ... | |
| Bankrupcy and Disability | 10/20/2010 |
| Q: I filed in San Francisco, CA....I am currently in Chapter 13, i think? I'm repaying a 100.00 a month ... A: If you cannot afford to make your monthly Chapter 13 payment then your case will be dismissed. Your ... | |
| corporate bankruptcy | 10/6/2010 |
| Q: Regards to C corporation, does the filing of a bk (Chapter 7) means the corporation will be ... A: It depends on whether you are filing a corporate bankruptcy or not. Chapter 7 Corporate bankruptcy ... | |
| Bankruptcy and Buying again | 9/22/2010 |
| Q: We filed bankruptcy almost 2 years ago that involved surrendering our house and a vehicle. Now, we ... A: Generally the time frame that you need in order to reestablish your credit and obtain a loan at a ... | |
| Primeequity line of cedit | 9/14/2010 |
| Q: I am getting ready to file a chapter 7 bankruptcy in Indiana. I have a home with my x husband...our ... A: When you file for Chapter 7 bankruptcy it will not remove your second mortgage from your home. The ... | |
| Chapter 7 Bankruptcy | 8/30/2010 |
| Q: Duenas: We are in Marin County in California and considering filing Chapter 7 bankruptcy. In my ... A: What you need to be looking at is the status of the case filed against you. If they enter a judgment ... | |
| question | 8/19/2010 |
| Q: I'm currently a student and I have almost no money and very little income. I'm going to be sued. (I ... A: You should try to consult with a bankruptcy attorney to see if you qualify to file bankruptcy and to ... | |
| loan | 7/28/2010 |
| Q: Do I have to get court approval through my lawyer for a 401k loan. A: I am assuming that you are in a chapter 13 bankruptcy and want to get a 401k loan while in Chapter ... | |
| Ch. 13 and Surrendering House | 7/16/2010 |
| Q: I will be filing a Ch. 13. And I will be surrendering the house... what happens in a Ch. 13 ... A: If you are surrendering the house in your bankruptcy then the mortgage company will generally file a ... | |
| Cosigned | 6/27/2010 |
| Q: I recently filed for chapter 7 bankruptcy and I was a co-signer on a car lease. I asked my attorney ... A: Generally if the person continues to make the payments on the vehicle it should not have a negative ... | |
| IF I FILE FOR BANKRUPTCY WILL I LOSE MY HOUSE | 6/18/2010 |
| Q: If I file for bankruptcy will I lose my house. I don't have any equity in the house and my payments ... A: Generally if you are current on your payments and you have no equity in your home, you should be ... | |
| Re: Chapter 7 Bankruptcy | 6/16/2010 |
| Q: Norma Duenas: I just took a counseling session required for chapter 7 filing. Q1. Is there any ... A: The certificate of credit counseling is only good for 6 months. You must file your bankruptcy case ... | |
| cosinger | 6/10/2010 |
| Q: we had bankruptcy discharge about 5yrs ago, my husband at that time was a cosigner on a boat loan. ... A: If the boat loan was listed in your bankruptcy case then your liability should be gone. As long as ... | |
| Florida bankruptcy | 6/7/2010 |
| Q: My father filed for bankruptcy and it was closed in 2005. His mortgage was excluded from the ... A: Based on the information you provided, I am assuming that he was denied a refinancing from his ... | |
| Chapter 7 in 2002 | 6/2/2010 |
| Q: I filed Chapter 7 Bankruptcy that was discharged in 2002. I thought at the time that it would stay ... A: Under the Fair Credit Reporting Act a Chapter 7 bankruptcy filing stays on your credit report for 10 ... | |
| SSI and my Car | 5/26/2010 |
| Q: My Mother in law is currently going through a nasty divorce and filling chapter 7 with her soon to ... A: If the trustee is asking for the money it doesn't necessarily mean that he is counting it as income ... | |
| Chapter 7 discharge | 5/5/2010 |
| Q: I surrendered my home is my chapter 7 bankruptcy. The home is now if foreclosure. sheriff sales for ... A: If you surrendered your home as part of the bankruptcy case and did not reaffirm the debt for the ... | |
| Surrendering my interest in a chapter 13 in the home and what effects that has on me | 4/21/2010 |
| Q: My husband and I divorced last year. He cannot sell the home that had both of our names on it ... A: The mortgage company should not be able to go after you for the debt even after the 3 year period of ... | |
| reopening bankruptcy case | 4/12/2010 |
| Q: Do I need to reopen my case if I have received utilities bills for my property that was foreclosure ... A: Whether you need to reopen your case to include these bills will depend on whether these bills came ... | |
| auto voluntary surrender as part of a chapter 7 | 4/8/2010 |
| Q: In 2005 my debts were discharged as part of a chapter 7. I did a voluntary surrender of my auto. The ... A: The deficiency on your vehicle should have been included as part of your Chapter 7 bankruptcy. The ... | |
| Mortgage question | 3/30/2010 |
| Q: I owe $63,000. on my original first mortgage and I have an equity line with a balance of $134,000. ... A: Generally if you are behind in your mortgage payments you would want to file for Chapter 13 ... | |
| Chapter 7 filing jointly | 3/10/2010 |
| Q: We are in the process of filing Chapter 7, married filing jointly. We have interest/ownership in 2 ... A: You do not need to give it a valuation based on minimal cash flow. Generally the valuation of ... | |
| beneficiary of trusts and life insurance policies | 3/6/2010 |
| Q: My wife and I are in the process of jointly filing Chapter 7 without legal help. My wife and her ... A: To clarify, I am assuming that by saying that the trust is non-irrevocable that you are stating that ... | |
| Co-borrower going bankrupt | 3/4/2010 |
| Q: After I married, my husband and I refinanced my home, that I owned before the marriage. His name was ... A: This should not present a major problem, in keeping your home. As long as you are current and ... | |
| beneficiary of trusts and life insurance policies | 3/3/2010 |
| Q: My wife and I are in the process of jointly filing Chapter 7 without legal help. My wife and her ... A: 1) The irrevocable trust of which your wife is a beneficiary of needs to be listed in the bankruptcy ... | |
| Bank account held in trust | 3/2/2010 |
| Q: We are filing pro se in California and my wife holds a bank account as trustee for our disabled son ... A: You should list this as an asset in Schedule B of your bankruptcy petition with specification that ... | |
| RE: Credit Card Debt, Equity Loan and Chapter 7 | 2/24/2010 |
| Q: Duenas: RE: Credit Card Debt, Equity Loan and Chapter 7 Q1. I am receiving letters from credit card ... A: Q1. You can file for Chapter 7 bankruptcy after they file the lawsuit. You do not need to file prior ... | |
| discharge of mortgage | 2/20/2010 |
| Q: Ex wife kept house. She cant refinance and I want off the mortgage. Can ch 7 or 13 release me of ... A: Chapter 13 is a repayment plan for your unsecured, and priority debts. Filing for Chapter 13 will ... | |
| discharge of mortgage | 2/20/2010 |
| Q: Ex wife kept house. She cant refinance and I want off the mortgage. Can ch 7 or 13 release me of ... A: Filing for bankruptcy does release your personal liability with regard to the mortgage. If you were ... | |
| Chapter 7 | 2/8/2010 |
| Q: I have a primary house that is upside down, and my 2nd house is not but we took an equity loan from ... A: Your unsecured creditors can eventually file a case in court, obtain a judgment and record a lien ... | |
| Chap 7 bankruptcy and tax form 1099-c | 2/5/2010 |
| Q: I received a discharge in Chap. 7 in April, 2009. My home was listed in the bankruptcy but was not ... A: From the information that you provided it appears that your debt from the home was discharged as ... | |
| secured or unsecured? | 2/2/2010 |
| Q: What catagory does a auto loan fall under? Secured or unsecured? I live in Oregon, and am filling ... A: If you still have possession of the vehicle then you would list the loan as a secured loan under ... | |
| Bankruptcy | 1/26/2010 |
| Q: I forgot to list a school(CUNY)when I field for Bankruptcy 2 years ago. I currently live in Georgia ... A: From what you are stating I assume that you are referring to a student loan that you had for CUNY. ... | |
| Chapter 7 | 1/23/2010 |
| Q: I filed Ch 7 and was dismissed in 8/2001, I was a 1/3 owner of a property that with my sisters which ... A: I am assuming that by saying that your Chapter 7 case was dismissed that you mean that it was ... | |
| Chapter 13 timeline | 1/18/2010 |
| Q: I just started working for a law firm in Santa Clarita as a legal assistant. I'm trying to learn as ... A: The timeline for a Chapter 7 is similar and is as follows 1) A Chapter 7 voluntary bankruptcy case ... | |
| Chapter 13 timeline | 1/15/2010 |
| Q: I just started working for a law firm in Santa Clarita as a legal assistant. I'm trying to learn as ... A: The basic timeline for a Voluntary Chapter 13 bankruptcy is as follows: 1) Chapter 13 bankruptcy ... | |
| Reaffirming mortgage and PMI after BK Chapter 7 | 1/8/2010 |
| Q: We filed Chapter 7 and was discharged a few months ago. I noticed looking at my credit report that ... A: With regard to your first question, whether the bank will drop your PMI after it reaches 80% LTV has ... | |
| co-signer on 2nd mortgage | 1/7/2010 |
| Q: I'm a co-signer on my mother's 2nd mortgage. My mother can no longer support herself and I think ... A: As a co-signer on the mortgage you may still remain liable for the mortgage even if the debt is ... | |
| Chapter 13 plan question | 1/6/2010 |
| Q: We claimed Chapter 13 in October 2008. We live in Michigan and they take our tax returns. Our house ... A: Chapter 13 bankruptcy plans unfortunately do not account for unexpected expenses and emergencies ... | |
| defaulted student loan | 1/5/2010 |
| Q: In 1989 I took out a student loan for approx. $6500.00 that my husband at the time agreed to pay ... A: In a bankruptcy case you can have your student loans discharged if you can establish undue hardship. ... | |
| Lenders Rights? | 1/4/2010 |
| Q: I am filing bankruptcy on my bank, the same bank that I have my mortgage, savings/checking account ... A: Generally setoff's prior to filing your bankruptcy case are allowed. A setoff involves the bank ... | |
| lease agreement | 12/27/2009 |
| Q: We did not reaffirm our rental agreement with our landlord. With Chapter 7, is it required to do so ... A: They can eventually file an unlawful detainer action, but the notice period will depend on what ... | |
| Renting a house in Texas | 12/22/2009 |
| Q: My family and I are renting a house in Texas. I have been receiving advertisements in the mail in ... A: Your best option to know the status of the home and whether you will need to move is to contact the ... | |
| Bankrupcy | 12/6/2009 |
| Q: who makes the determination about how long bankruptcy stays on you record? I am in the process of ... A: A Chapter 7 can stay on your credit report for 10 years from the date of filing. This is based on ... | |
| Bankruptcy and home ownership | 12/2/2009 |
| Q: I have a dilemma, my boyfriend and I own a house and are suffering some seriour credit card debt, we ... A: Unfortunately some of the information you provided does not clarify exactly what each person owns. ... | |
| bankruptcy and liens on a car | 12/1/2009 |
| Q: If a collection agency filed a judgement against my assets and only were able to put a lien on my ... A: If your car is protected under your states bankruptcy exemptions laws then the fact that your ... | |
| Calif bankruptcy filed on my own | 12/1/2009 |
| Q: I pwn a townhouse I do not intend to keep in So Cal and filed bankruptcy myself (paralegal help)in ... A: Generally if you are planning to surrender the property, there is no need for you to attend the ... | |
| Bankruptcy and home ownership | 11/21/2009 |
| Q: I have a dilemma, my boyfriend and I own a house and are suffering some seriour credit card debt, we ... A: First the cost involved with filing separate bankruptcy petitions is generally higher when filing ... | |
| Chapter 7 bankruptcy | 11/20/2009 |
| Q: Chapter 7 Bankruptcy questions: Q1. I hear that credit card use within 6 month prior to filing ... A: Q1. Credit card use within the last 6 months is not the determining factor in whether the debt will ... | |
| inheritance and bankruptcy | 11/17/2009 |
| Q: I am an only child. I am considering filing for bankruptcy and getting a divorce. If I file ... A: If you inherit property within 180 days of filing your bankruptcy petition then the inheritance can ... | |
| Bankruptcy and Divorce | 11/12/2009 |
| Q: My husband and I separated 6 months ago and filed Chapter 7 last week. I'd like to get the divorce ... A: Generally there is no problem with you commencing the divorce proceedings while you are in ... | |
| help | 11/11/2009 |
| Q: we have two vehicles, both work, one got repossess this morning, what can we do? both names was on ... A: Your best option at this point is to first consult with a local bankruptcy attorney in your area. ... | |
| Bankruptcy Dependents | 11/9/2009 |
| Q: Can an elderly parent who lives with me and whom I support be claimed as a dependent in a Chapter 7? ... A: First the issue of who is considered a dependent and household size generally varies by ... | |
| Life after bankruptcy | 11/5/2009 |
| Q: My pre-bankruptcy court hearing is on Nov. 9th in california. However, because the courts are ... A: Although a bankruptcy filing is a factor considered by landlords and owners in determining whether ... | |
| Complicated... | 11/1/2009 |
| Q: I am divorced, in my divorce I was awarded the family home. The title to the home is only in my ... A: There are several options you should look into if you are concerned that your husband will file for ... | |
| forgot to add some creditors. | 10/29/2009 |
| Q: my lawyer just filed my bk chapter 7 petition last week and i forgot to add 3 more creditors. can i ... A: Most lawyers will charge a small fee for amending your petition to list additional creditors. In ... | |
| rental property with my sister | 10/25/2009 |
| Q: i'm filing a chapter 7. i have a rental property with my sister in arizona. how will this affect ... A: If your sister is a cosigner on the property and you are discharging the rental property mortgage in ... | |
| Protecting a Social Security Retroactive lump sum payment | 10/25/2009 |
| Q: I will be receiving Social Security Disability benefits beginning November 3, 2009 in the amount of ... A: Social security benefits are considered exempt. Since you are representing yourself, you should ... | |
| filing bankrupcy with low income | 10/18/2009 |
| Q: Is there any help for people who need to file bankruptcy and had to go on public assistance due to ... A: Look into a Legal Aid Society in your area. They will generally provide bankruptcy assistance ... | |
| bankruptcy | 10/18/2009 |
| Q: About 8 months ago my ch. 7 bankruptcy was accepted by the court. I released a particular property ... A: The information and you provided to the creditor may resolve the situation and stop them from ... | |
| Mortgage & Loss of a job | 10/16/2009 |
| Q: I lost my job several months ago and I contacted Chase who has my mortgage and told them I was ... A: First you should speak to a lawyer regarding your situation regardless of what you were told from ... | |
| Lender's Rights? | 10/15/2009 |
| Q: Some months back, I'd made the horrible error of loaning to a person, whom I thought was my friend, ... A: In Chapter 7 bankruptcy individuals can discharge unsecured personal loans which from your ... | |
Bankruptcy Law
Answers by Expert:
Norma Duenas - California Bankruptcy Attorney
Top Expert on this page
Expertise
Norma Duenas is a California Bankruptcy Attorney representing clients in Chapter 7 and Chapter 13 consumer bankruptcy cases. Norma Duenas is the founding member of Southern California Law Advocates a consumer bankruptcy law firm. For further information you can visit us at: California Bankruptcy Attorney - Riverside, Los Angeles, & Orange County
Experience
Have filed over 350 consumer bankruptcy cases in Orange County, Los Angeles and Riverside. I have worked previously for Macey and Aleman, the largest consumer bankruptcy firm in the country. Currently I am the owner of Southern California Law Advocates, a bankruptcy law firm with offices in Orange County, Los Angeles and Riverside. Law offices is focused on consumer Chapter 13 and Chapter 7 bankruptcy.
Organizations
California Bar Association
American Bar Association
Riverside Bankruptcy Attorney
Education/Credentials
University of California, Irvine, BA in Criminology, Law and Society
California State University, Los Angeles MS in Criminal Justice
University of San Diego, Law School, JD Cum Laude
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