Comments for San Diego Bankruptcy Lawyer

Comment on HOA Fees After Bankruptcy by markaalam

markaalam — Mon, 09 Jan 2012 04:20:15 +0000

Dear Linda, when you file bankruptcy in San Diego, you can include (in your bankruptcy) all of your HOA fees accrued up to the point that you file bankruptcy. All HOA fees incurred thereafter are your responsibility as long as you are on title to your property or maintain control over the property. Mark

Comment on HOA Fees After Bankruptcy by Linda

Linda — Sun, 01 Jan 2012 03:24:39 +0000

OK, so here is my question: I have been delinquent with my HOA fees. I am waiting to find out any day now if my loan modification is approved (no more equity left in my condo by the way). I intend to file bankrupcy especially because of an equity loan (what equity, there is no more), and some other credit cards. Can I include what I owe to the HOA in my bankrupcy chapter 7? I really have no other assets other than my car that i am still making payments on, my Calpers retirement, and that's it. I am 59 and still working full time, and hopefully until 66, and if possible even longer. From reading this article I understand that maybe I can and that I will just have to keep paying the current HOA fees. But what if my loan modification is approved and I therefore stay here. What happens then? Do I just continue to pay the crrent HOA fees. I consulted an attorney but I am not so sure of what he is saying. I am also trying to settle with the IRS, but I am keeping that problem separate. Please help.

Comment on Fraudulent Transfer Forethought by markaalam

markaalam — Sun, 12 Jun 2011 02:26:59 +0000

A fraudulent transfer typically refers to a transfer that is fraudulent (withing the meaning of collection law or bankruptcy law) from the perspective of a creditor. A fraudulent transfer claim is typically brought by a creditor who is basically saying that if the transfer had not occurred then the person who transferred the asset (in your case your husband, whose name was taken off title) would still have the asset (the vehicle) and the asset could therefore be used to satisfy his creditor’s claim. I would need to know more details in order to fully answer your question.

Comment on Fraudulent Transfer Forethought by Chris

Chris — Sun, 12 Jun 2011 00:58:14 +0000

I have a question. The titles to my father-in-law's vehicles were in his and my husband's name, shown as John Doe or Junior Doe. My sisters-in-law obtained temporary guardianship behind our backs and has had the titles changed, taking my husband's name off. Would this still be considered a fraudulent transfer?

Comment on Considering Filing Bankruptcy by Jeff

Jeff — Thu, 31 Mar 2011 05:04:49 +0000

Great post! Thanks