Legal Question in Bankruptcy in California

I am over 65 and reside in CA, my spouse signed for a corporate AMEX for a friend that was later defaulted on and AMEX liened our property after obtaining a judgement, my spouse was killed recently, I am considering bankruptcy, is a Homestead Exemption valid if declared and filed after a Judgement lien on my property?


Asked on 5/12/10, 10:42 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Depending upon the level of equity in your home, you may be able to avoid the judicial lien on your home, and discharge any potential liability for the original debt. You need to consult with a bankruptcy attorney in your area to determine what can and cannot be done. A lot more facts and figures are necessary to determine if you can qualify to avoid the lien. You also need to determine if bankruptcy is even necessary, as you may be judgment proof. Most bankruptcy attorneys will give you an hour consultation for free, which would allow you to at least preliminarily evaluate your options.

*Due to the limitations of the LawGuru 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. The information provided 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."

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Answered on 5/19/10, 11:38 am


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