Ventura, CA Bankruptcy Law Firms & Lawyers

Dear Anonymous, Your post raises a few potential issues with a Chapter 7 bankruptcy. Let me preface this entire discussion with the fact that you really need to contact and consult with a qualified, experienced bankruptcy attorney in your area. Most provide an initial, free consultation during which you can provide a more detailed picture of your entire financial situation, and a better evaluation of your prospects in bankruptcy can be provided. From your brief post, one has to make a lot of assumptions which may not be correct, which may alter the actual outcome of your case. Don't try to navigate bankruptcy without an attorney - I can tell you about a client I have right now who filed without consulting an attorney and is fighting a $150,000 fraudulent conveyance action by the trustee in her case. You really need to have complete and competent representation before entering these waters. Your case could face an action by the furniture creditors for non-dischargeability due to the fact that you made large, arguably "luxury" purchases (they were not necessities) then stopped paying them. Yes, it looks like this was planned to the creditors, so they might file an action in your bankruptcy seeking to have their debt non discharged. Second, the United States Trustee who oversees the entire bankruptcy system could file an action to deny you a discharge entirely, again based on the pattern of conduct prior to the filing. This is probably less-likely than the creditor seeking to avoid discharge, but you owe it to yourself to get an attorney's opinion based on all of the facts. There are also potentially actions you can take now to help avoid these problems when you file. David L. Gibbs, Esq.The Gibbs Law Firm, APCSan Clemente, Californiadavid.gibbs@gibbslaw.com *Due to the limitations of the Lawyers.com Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. Further, information you provide to the Firm through this website is not confidential - it is available publicly to anyone visiting this website. The Firm shall have no obligation to keep the information you provide herein confidential in any context. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence. As required by 11 U.S.C. §528, we must now disclose that, "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Assistance we provide with respect to Debt Relief may involve bankruptcy relief under the Bankruptcy Code."

Applies to Colorado bankruptcy only: Yes, a creditor with a judgment can place a judgment lien against jointly owned real property simply by filing a transcript of judgment with the Clerk & Recorder in the county where the real property is located. The lien attaches to the judgment debtor's interest only. Judgment liens on homesteads can often be removed in chapter 7 or chapter 13 bankruptcy.

It may be too late to do anything about an intention to reaffirm after a discharge. Bankruptcy law specifically states that you must reaffirm before the discharge comes in.