Legal Question in Bankruptcy in California

I have a question I was hoping you could help me with. My HOA obtained a judgement again, they than said they served with a paperwork for an "asset hearing" which I was not aware of until a sherriff showed up at my door saying he had a bench warrant for failure to appear to the asset hearing. I now have another date to come in but I'm confused is this another date for an asset hearing? Can I still file bankruptcy on this? I have never gone to court for this judgement was obtained by default. Thank you for your help


Asked on 1/28/14, 7:09 pm

1 Answer from Attorneys
Peter Lago Peter L. Lago, Atty at Law

You should appear at the hearing and explain to the judge why you failed to appear the first time, and the bench warrant should then be recalled and you'll be fine as far as that goes. If on your return it IS an asset hearing, just answer the questions truthfully and be on your way. You can file Bk and include the judgment amount, but there are other considerations involved in determining even whether you QUALIFY for Ch 7 or 13. For example, what assets DO you own, equity in such assets, household income, what is the extent and nature of the judgment in question and of ALL your other debts, etc. You need to see an attorney for analysis and advice. An attorney. Not a paralegal. Good luck.

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Answered on 1/28/14, 7:21 pm


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