Legal Question in Bankruptcy in California

Will sending small payments effectitvely delay lawsuits if you're trying to buy

Hi,

I like to know if sending small payments (such as $20 per month when $100 to $500 is due) will help delay my bankruptcy filing until November '2003? At that time, I should be able to keep from losing my home due to a statue of limitations relating to financing which will pass the 4th year anniversary at that time. In summary, if I can sending small payments can I expect to stay out of lawsuits?

Thank you,

Berlin


Asked on 3/02/03, 2:58 am

3 Answers from Attorneys

Benjamin Berger Berger-Harrison, A Professional Corporation

Re: Will sending small payments effectitvely delay lawsuits if you're trying to

I have no answer for your actual question, but I wanted to advise you as follows:

Any account to which you are making small payments remains active because of those payments. As such, the statute of limitations will not run out on those accounts.

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Answered on 3/02/03, 2:59 pm
Gary Fraley California Bankruptcy Attorneys

Re: Will sending small payments effectitvely delay lawsuits if you're trying to

Hello. I am Gary Fraley owner & founder of California Bankruptcy Attorneys, a 25+ year old law firm. We represent clients exclusively in Chapter 7 bankruptcy & Chapter 13 debt reorganization.

Both my wife & I are California State Bar Certified Specialists in Personal & Small Business Bankruptcy Law.

To answer your question, there is no guarantee that making partial payments is going to keep the creditors from filing law suits. However, what they do is up to them. They may delay action but it is not because they can't sue you.

I am a little curious as to the financing issue you refer to. I have no knowledge as to what you are speaking of. The bankruptcy exemptions to protect your home have nothing to do with the financing. There are exemptions of $50,000 for an individual, $75,000 for a husband and wife, and $125,000 for senior citizens and disabled or for people 55 and over who have limited income.

People generally keep their homes when they file bankruptcy.

I am concerned that while you are waiting for fall, your home could increase in value beyond what you can protect even using the "shadow exemption" (I can explain what that is if we do a free consultation with you.)

If you are at risk of losing your home you may need to consider a Chapter 13 reorganization.

We will be happy to give you a free, no pressure, attorney consultation on our free 1 (800) 675-1005 phone line. At that time we will discuss all your options to help you determine if bankruptcy is right for you and if so when it would be appropriate to do so.

Our firm serves clients throughout California. All services, except for the creditors meeting, can be done by phone, mail, email or fax saving you the hassle of going to a law office. An attorney representing my firm will personally appear with you at all hearings. I invite you to check out our Clients Bill of Rights, our Client Testimonials, & our Online Law Office at:

ca-bankruptcy-attorneys.com.

We will determine and explain fees when you have your free attorney consultation. Our fees are based on such factors as: whether you own real property such as a home; whether a spouse is filing with you; the number of creditors & amount of debt you have. If you are a senior citizen or disabled, you get an additional $50 discount off our regularly low fees.

Please contact us immediately so we can set your free attorney consultation. I look forward to talking with you soon. Thank you for giving me the opportunity to help you solve your financial problems.

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Answered on 3/04/03, 12:05 am
Alvin Tenner Law Office of Alvin G. Tenner

Re: Will sending small payments effectitvely delay lawsuits if you're trying to

Sending the payment will have no effect on the Bankruptcy. The filing is up to you. This may keep the creditor at bay, but will not effect any statute of limitations. The statute starts to run from the date of the last payment.

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Answered on 3/06/03, 12:54 pm


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