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Need assistance with this potential client.
I just received a phone call from a guy who is trying to help his 78 year
old mother with a severe debt issue. The primary real estate is a $1.8
million house in Orange County which is encumbered by a $1.3 million
mortgage and a bunch of liens. When I asked about the liens, I was told
the largest one was by American Express in the amount of $180,000 or so.
Then I got told this tale of craziness. For the past 4 or 5 months they
have been working with a consultant (1st red flag) and he had them file
for a Chapter 11 BK, in pro per (2nd red flag). They were told that they
could file a skeleton filing and they would not be asked anything else, and
of course, they were asked to fill out about 30 pages when they filed the
Chapter 11. When they told the consultant this, and showed them what they
had completed, the consultant told them they had messed everything up and
he could no longer help them. (There is a special place in hell for these
types of guys).
Well, tomorrow (3rd red flag) at 1:30 pm is a hearing on the case (they
think they are expected to have a plan for the court but they do not have
that of course). He was unsure. I told him to ask for a continuance but
there was a real chance that the case would be dismissed.
Mom has social security income and some income from a business she sold to
the grandkid about a year ago but there is not much there. I think it is
time that mom does not live at the lovely house at the beach any longer, and
that mom needs something more like a Chapter 7, sale of the house while in
the protection of Chapter 7 or by the Chapter 7 trustee, and a fresh start
with no debt. They are open to any solution, and I am happy to pass this on
to someone I feel might be better equipped to handle these shenangins.
So, does someone have a great idea for mom in her golden years?
And yes, I did get permission to put this on the listserv to ask the
smartest lawyers I know how to proceed. I would appreciate your feedback.
WE HAVE MOVED! Please note the new address and phone number.
Desiree Causey, Esq.
Law Office of Desiree Causey
7755 Center Avenue, Suite 1100
Huntington Beach, CA 92647
714-372-2225 (phone)
714-908-7646 (same fax number)
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