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Peter Maurice Lively

Peter Maurice Lively

Law Office of Peter M Lively
  • Bankruptcy, Business Law, Real Estate Law
  • California
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Summary

Law office of Peter M lively helps individuals and businesses resolve financial problems particularly settling debts in obtaining debt relief under the United States Bankruptcy Code as debt relief agents 25 years experience in over 5000 satisfied clients. Mr. Lively obtained his JD MBA from UCLA in 1982 and was inducted as a Fellow in the American College of Bankruptcy in 2014. Mr. Lively served as President of the Central District of California Consumer Debtors Attorneys Association (cdcbaa) in 2017 after serving on the Board of Directors for the prior 10 years. Mr. Lively regularly lectures to other attorneys for their continuing legal education credits in the areas of consumer and small business bankruptcies, Chapter 7, 11 and 13.

Practice Areas
  • Bankruptcy
  • Business Law
  • Real Estate Law
Fees
  • Free Consultation
    Initial telephone consultations (15 minutes)
  • Credit Cards Accepted
Jurisdictions Admitted to Practice
California
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9th Circuit
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Languages
  • English: Spoken, Written
Professional Experience
Attorney
Law Office of Peter M Lively
- Current
Education
University of California - Los Angeles
Law Degree (1992)
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University of California - Los Angeles
MBA (1992)
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Carnegie Mellon University
B.S. (1988) | Management & Economics
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Honors: High Honors
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Awards
Pro Bono Attorney of the Year
Public Counsel
Professional Associations
central district consumer bankruptcy attorneys association
President
- Current
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American College of Bankruptcy
Fellow
- Current
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California State Bar # 162686
Member
- Current
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Publications
Articles & Publications
Inside the Minds: Chapter 7 Consumer Bankruptcy Strategies
West Publishing
Speaking Engagements
Chapter 13 Plan Confirmation, Bankruptcy Judges' Conference, Indian Wells, California
Certifications
Official Recognition
National Association of Consumer Bankruptcy Attorneys
Websites & Blogs
Website
Legal Answers
21 Questions Answered

Q. What non bankruptcy codes can be used for exemptions in ch 13? For example, if the debt arose from a federal crime.
A: Some of the items that may be exempted under Federal laws other than title 11 include: Foreign Service Retirement and Disability payments, 22 U.S.C. 1104; Social security payments, 42 U.S.C. 407; Injury or death compensation payments from war risk hazards, 42 U.S.C. 1717; Wages of fishermen, seamen, and apprentices, 46 U.S.C. 601; Civil service retirement benefits, 5 U.S.C. 729, 2265; Longshoremen’s/Harbor Workers’ Compensation Act death and disability benefits, 33 U.S.C. 916; Railroad Retirement Act annuities and pensions, 45 U.S.C. 228 (L); Veterans benefits, 45 U.S.C. 352 (E); Special pensions paid to winners of the Congressional Medal of Honor, 38 U.S.C. 3101; and Federal homestead lands on debts contracted before issuance of the patent, 43 U.S.C. 175.
Q. I have been sued for $1,885.91 from credit card. Its a limited civil case. My last payment was 12/01/2015
A: The statute of limitations for breach of contract in California is four years. You might be able to resolve the lawsuit by contacting counsel for the credit card company and offering a settlement. You have a limited amount of time to file a written response to the complaint and you need to pay first appearance fee to do so, so you should consult with an attorney as soon as possible to get a better understanding of your rights and options.
Q. How can a senior citizen, in San Jose, CA....get free bankruptcy counsceiing?
A: If you don't receive any better options, then you could try contacting a local attorney member of the National Association of Consumer Bankruptcy Attorneys, using the find attorney feature at NACBA.org, and ask whether or not that attorney provides pro bono services directly or through association with a local legal services organization.
Q. I have some bad financial problems, I think. I am considering bankruptcy.
A: It is impossible to determine whether you are eligible for a chapter 7 discharge and whether that is your best option, based only upon the information that you provided in your question. If you are married and your spouse is employed, both of your incomes must be used, together with other factors, to determine your eligibility for debt relief. If you have valuable assets, have transferred real or personal property, or have repaid loans to family members, then chapter 7 might not be your best option right now. Many attorneys offer free consultations over the telephone and in their offices. You should consult with an experienced bankruptcy attorney regarding your options in light of a thorough review of all of your facts and circumstances
Q. Can my filing Chapter 7 by myself have creditors come after my husband after its done?
A: Before getting to your two questions, you should be aware that despite not being a cosigner, a cardholder on your account can be liable for that cardholder's purchases and CA community property law defines certain types of debt as belonging to both spouses when they are incurred during marriage. Further, despite not having joint bank accounts CA community property law provides that income earned during marriage, and the assets acquired with community property earnings, belongs to both spouses. Therefore, while you might be eligible for a chapter 7 discharge based upon your income level, there might be community property assets at risk if you file a bankruptcy case - the community property becomes an asset of either spouse is bankruptcy estate - and your husband might be liable on some portion of the debts you mentioned. Regarding your questions: I'm not aware of any specific period of time required to be living separate and apart to exclude the nonfiling spouse's income from the analysis of the filing spouse's eligibility for chapter 7 discharge. As a practical matter, separate households often exhaust the combined earning of both spouses. You should be able to produce evidence of living separate and apart such as separate rental agreements and separate utility bills. A chapter 7 discharge can be revoked within one year after being entered in the court's docket pursuant to Bankruptcy Code Section 727(d) which includes fraud of the debtor. You should consult with an experienced bankruptcy attorney before proceeding any further.
Q. I have a card debt with $35,000 used with me and my boyfriend. he didn't have a social so I let him use and pay me back
A: I'm sorry for your circumstances which sound stressful and frustrating, you are certainly not alone. You could spend a lot of time energy and money obtaining a judgment and trying to collect the judgment from someone without succeeding. You might be eligible for a bankruptcy discharge of some or all of the debt that you owe on your credit cards. You should consult with an experienced bankruptcy attorney who will review the charges on your accounts and help you determine how best to proceed.
Q. Chap 7. Wife not filing. Joint Citi checking w $5600 on line of credit. It's current. Can Citi offset if stays current?
A: Setoff is a contract issue. The answers to your other questions as best given during a telephone consultation regarding all of your facts and circumstances.
Q. If I’m late on a car title payment in California does the account go through any kind of review process before repossess
A: Your title loan may provide you with a short grace period after the monthly payment due date. Other than perhaps a courtesy call from the title lender regarding the status of your payment, you should expect your lender to repossess your vehicle as soon as it legally can pursuant to your contract. After repossession, the title lender should provide you with notice(s) of the pending vehicle auction and subsequent balance due on the contract net auction proceeds.
Q. Is it possible to file an emergency chapter 7 through an attorney to protect my car from repossession.
A: It is possible to file an emergency bankruptcy petition and obtain an automatic stay pursuant to Bankruptcy Code Section 362 which is applicable to vehicle lenders and would be violated if repossession subsequently occurred. However, a Chapter 7 petition alone isn't necessarily going to accomplish your presumed goal of retaining possession of your vehicle for the indefinite future. You should consult with an experienced bankruptcy attorney to review all of your financial facts and circumstances and discuss your goals and options.
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Contact & Map
11268 Washington Blvd Ste 203
Culver City, CA 90230
USA
Telephone: (310) 391-2400