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New Bankruptcy Legal Questions - California

Since I filed a labor board claim against my ex-boss for wages owed but he just filed Chapter 7, if I appear in court and plead my case do I have a chance of getting what is owed to me?

What you need to do is to contact the bankruptcy court in which he filed and file a Proof of Claim as a creditor in the matter.  He may have listed the claim you have on his schedule as a debt he

M.T.G., Member, New York Bar answered 2 months ago

Can I claim mineral rights valued at $21,000 under the wildcard exemption in Chapter 7 bankruptcy?

Based upon what you have written about it is best that you claim mineral rights under the wild card exemption in your Chapter 7 bankruptcy than not. For a better understanding as to whether or not you

E.M., Member, California Bar answered 2 months ago

If the lift of stay was granted and our mortgage is current, can our mortgage company file for foreclosure?

If you are not in default of any amounts, then they should not be able to foreclose. However, if by "current" you mean that you have paid recent months, but still owed some back balance for past month

SJZ, Member, New York Bar answered 2 months ago

Since I just got married and my husband and I are refinancing my home to add him to the loan/deed, if he declares bankruptcy will it affect me and my home?

It would be advisable NOT to add your husband to the loan and deed on your home at this time because if he files bankruptcy, that property will be included since he is an owner. If your husband does

S.L,. Member, California Bar answered 2 months ago

What to do if I filed Chapter 7 and my mortgages were discharged but my HOA has filed a small claims lawsuit for assessments not paid after the bankruptcy filing?

Good question. If the HOA filed a lawsuit against you pending the bankruptcy filing you have which is in effect then under 11 U.S.C. section 362 there is an automatic stay as to the small claims matte

E.M., Member, California Bar answered 2 months ago

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