楊清泉律師專欄：CLIENT CONVERTS CHAPTER 13 TO CHAPTER 7 (Ⅱ)

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Client decides to file Chapter 7 to discharge all of his credit cards. Unfortunately, his wife has also decided to discharge him because she decided to go back to their country of origin so she can spend the rest of her life with her own family. I’ve actually encountered several cases like this where one spouse just decides to pack up and leave because she or he is tired of the life here or the passion for the spouse has been “discharged.” It’s just gone. They say they’re just like roommates. Sometimes when the kids become adults, parents go their own separate ways because it was only the responsibility of raising the children that kept them together. Maybe wife has a high school sweetheart back home whose now single again or widowed. Anyway, client says he likes his life now as simple as it is with no mortgage to pay, and living by himself. He’s not sick and in good health, so he takes each day one day at a time, simply being alive, enjoying what’s left of his earthly life. Everything in this world is temporary. When you get older you will understand this.

CLIENT NO. 3

Client got his discharge last year. Went out of the country after the discharge and came back with a small claims judgment against him for $9K in his mailbox. Apparently, he thought that insurance would pay for the entire cost of water damage to his house, but insurance was short $9K. So, the contractor sued him in small claims. Fortunately, the contact for repair was executed one month before his bankruptcy was filed. This means the $9K is still discharged. The small claims judge allowed him 120 days to reopen his bankruptcy case and amend his list of debts to include the contractor. So, we filed a motion to reopen to file the amendment to discharge it.

“IN THE MORNING, LORD, YOU HEAR MY VOICE; IN THE MORNING I LAY MY REQUESTS BEFORE YOU & WAIT EXPECTANTLY.” PSALM 5:3.

Lawrence Bautista Yang is a graduate of Georgetown University Law Center and has been in law practice for thirty years. He specializes in bankruptcy, business and civil litigation and has handled more than five thousand successful bankruptcy cases in California. He speaks Mandarin and Fujien and looks forward to discussing your case with you personally. Please call (626) 284-1142 for an appointment at 1000 S Fremont Ave, MAILSTOP 58, Building A-1 SUITE 1125, Alhambra, CA 91803 OR at 20274 Carrey Road, Walnut, CA 91789.