Legal Question in Business Law in California

The answer is not going to change no matter how many times you post or re-post your question, and would you please stop. You have filed a federal lawsuit acting as your own attorney, and you admit you have no idea what you are doing. What you are asking is the equivalent of asking a barber how to cut your own hair with a pair of scissors and a mirror. While you may have the legal right to cut your own hair with a pair of scissors, or file your own lawsuits, the answer is the same. You are flippin' insane to cut your own hair, or to file your own lawsuits. Yes, a competent attorney should be able to solve your loan problem in a Chapter 13. No, you are not a competent attorney.

I would agree with Mr. Stone, except in Bankruptcy Court he is wrong. It's not like asking a barber how to cut your own hair with a mirror and scissors. In Bankruptcy Court it's more like asking a surgeon how to do your own apendectomy with ether and a rusty butter knife. If you read my back posts, I am one of the last people here to tell questioners to get an attorney. In your case, get an attorney.

The other attorneys are right on point here. You need to hire an attorney. Then the confusion will end. Consult with a good business attorney in your area for specific advice.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

Last time around, I pointed out to you by numeric example that the sum of money demanded for the forbearance was obviously usurious. That's my final answer. Usury has been committed and you are entitled to a remedy. The statute of limitations is one year from the time the illegal interest was collected, and the Civil Code provides for treble damages (three times the usurious interest actually paid). Being awarded treble damages would go a long way to paying off the principal on your note and getting you out of hot water.

You probably need a bankruptcy lawyer (rather than some other kind), but your lawyer should take pains to understand the law regarding usury. It would be a tipoff that a lawyer didn't know that subject very well if he/she couldn't spell "usury" and "usurious" correctly. The law as it stands in the California Codes and the California Constitution is scattered here and there and not very well stated, but anyone who reads the leading California Appellate and Supreme Court decisions on the subject will get the picture.

I'm not a bankruptcy lawyer, but based on a limited understanding of how it works, your lawyer will probably deal primarily with the trustee, but presenting a case for recovery of damages for usury will probably entail a special action within the bankruptcy proceeding and before the bankruptcy judge. Be sure your claim for damages for usury is listed on the proper schedule in your bankruptcy filing; it is an asset of a special kind.

This time, listen to the advice given by these attorneys. You obviously don't understand the law or how to take care of your rights or yourself. Get an attorney, and stop screwing up your situation.