Russell Baird Adams III’s Answers

Russell Baird Adams III

Mc Lean Bankruptcy Attorney.

Contributor Level 11
  1. After filing Chapter 7 bankruptcy I will file tax returns and any refund I get will go to people I owe can my lawyer keep refund

    Answered over 2 years ago.

    1. Kathryn Ursula Tokarska
    2. Russell Baird Adams III
    3. Derek R. Caldwell
    4. Curtis Lamar Harrington Jr
    5. Malcolm Wallace Ruthven
    6. ···
    6 lawyer answers

    Your lawyer should be able to tell you whether or not you can exempt (protect) your tax refund from the bankruptcy trustee. At this time of year, the trustee's will be looking for tax refunds, so don't expect to just be able to tell the trustee that you have yet to file your return. If you are going to get a refund you will either need to exempt it or turn it over to the trustee if he/she thinks that it is large enough to administer. Do not pay your family members before filing as that would...

    11 lawyers agreed with this answer

  2. I am retired at 64 with investment income and social security. Could I qualify for bankruptcy?

    Answered over 2 years ago.

    1. Alan Ira Seitman
    2. Russell Baird Adams III
    3. Tom Arany
    4. Glen Edward Ashman
    4 lawyer answers

    There are several different issues to look at when determining whether someone would qualify for bankruptcy. First of all, the chapter that you are looking to file under. Chapter 13 bankruptcy has debt limits on how much you can owe and qualify to file. If you own a house and three investment properties it is likely that you will exceed the secured debt limit for a chapter 13 (if you are thinking of a chapter 13 you should go over these numbers with an experienced bankruptcy attorney to see...

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  3. I am trying to save my home with a chapter 11 but I have limited money

    Answered over 2 years ago.

    1. Russell Baird Adams III
    2. Will Bussell Geer
    3. James Portman Webster
    3 lawyer answers

    Chapter 11 and Limited Money are not two terms that generally go together...Chapter 11 bankruptcies are for corporations or those individuals who do not qualify for a Chapter 13 and want to save a non-exempt asset(s) or catch up on delinquent mortgage. There are debt limits in Chapter 13, so if you exceed those then Chapter 11 would be your only bankruptcy option through which you could try to save your home if you are behind and can't catch up. Chapter 11 is designed for businesses, and...

    9 lawyers agreed with this answer

  4. Order for Dismissal Chapter 7

    Answered over 2 years ago.

    1. Russell Baird Adams III
    2. Alan D. Walton
    3. Maria Pardue Esq.
    3 lawyer answers

    If you want to proceed with your case you should promptly file a motion to vacate the dismissal and set it for a hearing. I am assuming you do not have an attorney or you would be asking him/her this question. If the dismissal is vacated then you would not need to move to extend the stay (unless this was your second filing within the past year). I would recommend explaining why you did not pay the fee and when you show up for the hearing you should have good funds (cash, cashier's check, etc....

    8 lawyers agreed with this answer

  5. What is an "order vacating discharge"?

    Answered over 2 years ago.

    1. Michael A. Goldstein
    2. Russell Baird Adams III
    3. Eric Charles Lewis
    4. David R. Chenelle
    5. Herbert Weinberg
    6. ···
    6 lawyer answers

    If her discharge was vacated then her debts, including yours, are not discharged, though the automatic stay may still be in place at the moment. Once the stay is lifted (by the closing of the case or otherwise) you will be free to enforce you judgment, though whether you will get paid is another question.

    8 lawyers agreed with this answer

  6. Filed chapter 13 then converted to chapter 7 as advised by our lawyer but it was dismissed due to income.

    Answered over 2 years ago.

    1. Paula Brown Sinclair
    2. Michael A. Goldstein
    3. Russell Baird Adams III
    3 lawyer answers

    You can file a new Chapter 13 case at any time, but you will need to file a motion to impose the automatic stay to be heard within 30 days of filing, or else the automatic stay will expire. This is the case if you had a case pending within the past year.

    8 lawyers agreed with this answer

  7. When can Unsecured Property Taxes/ Personal Property Taxes be discharged in Chapter 7 Bankruptcy? (California)

    Answered over 2 years ago.

    1. Steven Anderson Leahy
    2. Russell Baird Adams III
    3. Tom Arany
    3 lawyer answers

    Generally personal property taxes are dischargeable in a Chapter 7 Bankruptcy if they were due more that 2 years prior to the filing of the Bankruptcy.

    8 lawyers agreed with this answer

  8. I am a low-income person and trying to file the docs for bankr ch 7 by myself. If someone would be so kind to answer question:

    Answered over 2 years ago.

    1. Derek R. Caldwell
    2. Stephen Nathan Doan
    3. Russell Baird Adams III
    3 lawyer answers

    It is the best practice to schedule both creditors (often the collection agency does not own the debt but is simply collecting for the original creditor). You can schedule the debt one and list both "creditors", or schedule the debt twice with an explanation that one is a duplicate of the other (local practices may vary). The important thing is to cover your bases and give notice to both. Although you certainly can file a bankruptcy yourself, there are many pitfalls for the unwary. In my...

    7 lawyers agreed with this answer

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  9. I am a disgruntled creditor trying to collect a debt from some conartists who have filed bk for the 2 time in the past 10 years.

    Answered over 2 years ago.

    1. Shannon E Wynn
    2. Russell Baird Adams III
    3. Derek R. Caldwell
    3 lawyer answers

    In general, unless the debt owed to you was incurred through fraud (specifically defined in section 523 of the Bankruptcy Code), or one of the other less common types of debt that may be exempt from discharge, and you file a timely adversary proceeding against the debtor, your debt will be discharged. If your situation is one where you loaned someone money and they simply did not pay it back as agreed, then you would likely have no grounds to object to the discharge of your debt. If the...

    7 lawyers agreed with this answer

  10. Chapter 7; what happens with Pre-petition HOA fees if I decide to keep the house?

    Answered over 2 years ago.

    1. Russell Baird Adams III
    2. Frank Wei-Hong Chen
    3. Curtis Lamar Harrington Jr
    4. Bruce Allan Wilson
    4 lawyer answers

    Pre-petition HOA fees are discharged. It may be possible that they have perfected a lien for the fees, in which case the lien would likely survive the bankruptcy and they could enforce the lien against the property. Post-petition HOA fees are not discharged and you are responsible for those as long as you are the owner. Consult with an experienced bankruptcy attorney in you area to explore the specific facts in your case.

    7 lawyers agreed with this answer