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Harlene Miller

Harlene Miller

Harlene Miller Law, APLC
  • Bankruptcy
  • California
Claimed Lawyer ProfileQ&A

Bankruptcy representation of debtors and creditors; personal and business; chapter 7, 11 and 13 since 1990. CA Certified Legal Specialist in Bankruptcy Law for 20 years. Provide consulting for how to avoid bankruptcy; budgeting; life after bankruptcy. Assist in creditor settlements in lieu of bankruptcy. Personal care and attention to clients. Half hour no charge consultation.

Practice Area
  • Bankruptcy
  • Free Consultation
    Free initial half hour consultation
Jurisdictions Admitted to Practice
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  • English: Spoken, Written
Professional Experience
Harlene Miller Law, APLC
- Current
Shareholder and attorney
Pagter and Miller
Western State University College of Law
J.D. (1989) | LAW
Honors: Graduated with Scholastic Merit; 4 American Jurisprudence awards
Activities: Member of Law Review
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Professional Associations
American Bankruptcy Institute
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Orange County Bar Association
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OC Bankruptcy Forum
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State Bar of California # 146651
- Current
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Speaking Engagements
Bankruptcy Impact on Family Law Issues, Seminars for Family Law Practitioners & CPA's
Bankruptcy Impact on Personal Injury Litigation
Orange County Trial Lawyers Association
Creditor's Rights in Bankruptcy, Saddleback Community College
Bankruptcy and its Alternatives, Orange Coast College
Certified Legal Specialist in Bankruptcy Law
State Bar of California
Websites & Blogs
Legal Answers
130 Questions Answered

Q. What documents do I need to supply the trustee for a chapter 7 in San Diego?
A: My colleagues have been very helpful and have provided a good overview of the information usually required by a Trustee. I urge you to seek assistance and more advice by consulting with an experienced bankruptcy attorney in San Diego.
Q. Is it possible to still have my corporation as self employed if I file a chapter 7 on the personal side?
A: I am unclear as to what you are considering and why. Personal chapter 7 or corporate? Both represent issues that can only be addressed with more information from you. I urge you to contact a bankruptcy attorney to discuss these options and issues. Several of us offer a no charge consultation during which you can get more specific information.
Q. Kept a car through bankruptcy. its not on my credit but still paying for it. what happens if I let it go?
A: Did you list the creditor in your case? Did you sign a reaffirmation agreement? Has you bankruptcy case concluded with a discharge? These are critical issues related to your question. Please resubmit with more information, or contact me.
Q. Hello, 4 years into chapter 13 plan have relocated to new state unable to make remaining payments income loss health
A: A chapter 13 case can be converted to chapter 7 at any time. It is a fairly simple form. I recommend you talk with your attorney or if he will not assist you because you owe him money, you will likely need to find another attorney to advise you about the conversion and have your attorney substitute out of the case - replacing with a new attorney. If the case is converted, then yes, there would be a hearing with the Chapter 7 Trustee which you will be required to attend. I urge you to seek legal advice before conversion as your assets need to be analyzed to make sure that conversion will not jeopardize your assets. It also may be possible to amend the chapter 13 plan and reduce the payments you are making to what you can currently afford and perhaps keep the case going. Again, this would require an analysis of your current income and monthly expenses.
Q. Can you advise me with a senior bankruptcy issue?
A: As my colleagues have indicated, the option of bankruptcy requires a discussion with an experienced bankruptcy attorney to analyze your assets, income and debt to determine whether bankruptcy is your best option. For an individual, either chapter 7 (providing discharge of debt) or a chapter 13 (a repayment plan over 5 years) would be evaluated. Some of us provide a half hour no charge consultation which would include an overview of these options as they pertain to your financial situation. If for some reason neither bankruptcy is an option, the attorney should be able to discuss non-bankruptcy options for dealing with the creditors. Talk with someone soon.
Q. For an adversary proceeding regarding the discharge of student loan debt, what resources should I consult for guidel
A: Other than the suggestions made by my colleagues - I urge you to consult with a bankruptcy attorney. Some of us offer a half hour no charge consultation which may assist you in your analysis of whether it is feasible for you to pursue. Discharging student loans are very difficult and require very specific evidence.
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: Depending upon what other debt you have, it would be best to try to enter into a payment plan with the creditor if you can afford to do that. Unfortunately, if you do nothing, the creditor will get a judgment against you and can thereafter garnish wages or attach money in bank accounts. But you need to act quickly. If you do have other debt that you are unable to pay, then seeking advice from an experienced bankruptcy attorney would provide you more information as to all options. Many attorneys offer a half hour no charge consultation. Your "3 year" reference is incorrect as stated by my colleague.
Q. Other than the $306 bankruptcy fee how much does an attorney charge in the Sacramento area to file a bankruptcy case?
A: Filing fee is set at $335 for chapter 7. Fees charged by attorneys range depending upon issues in case as my colleagues have indicated. Important to talk with an experienced bankruptcy attorney - many of us offer a half hour no charge initial consultation. There is a lot of consider here so seek advice.
Q. I want to refi my house, am in ch 13. I know i need to get permission from the court but wish to file the forms myself.
A: If you don't have an attorney representing you in your Chapter 13 - I urge you to seek such assistance. The proposed refinance may impact your budget and therefore impact your plan which would require an amended plan. You may be able to meet with an attorney for advice about how to proceed - which would entail a consult fee. I don't recommend that you do this without legal guidance.
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Contact & Map
Harlene Miller Law, A Professional Law Corporation
9110 Irvine Center Drive
Irvine, CA 92618
Telephone: (949) 756-1313