Skip to main content
Mohammad Ahmed Faruqui

Mohammad Faruqui’s Answers

100 total


  • Legally setting up a Dungeon

    I seem to be having trouble finding information about properly and legally setting up an in-call playspace/dungeon (most likely in the city of Seattle, with no employees except myself; sole proprietorship). I know I'd have to file for a Master bus...

    Mohammad’s Answer

    A DUNGEON??? wow. Why not classify this under "other"? Definitely

    See question 
  • Is there a military advantage when filing for bankruptcy Chapter 7?

    Hello. If there is an individual who is military or ex-military, is there any type of advantage or factor in filing for chapter 7 bankruptcy? Maybe in getting the fees waived or some kind of special consideration? Thank you for your help.

    Mohammad’s Answer

    I agree. Current and some former military personnel can have their status taken into consideration for means test issues. In fact, we always ask potential clients if they are service members, National Guard members or disabled veterans.

    With regard to getting fees waived, if you are talking about the fee for credit counseling classes, that depends on the credit counseling course provider. Court filing fees are rarely waived, but sometimes broken up into small installments.

    See question 
  • Son's car insurance as reasonable expense in Chapter 7 bankruptcy?

    I need to file a Chapter 7 bankruptcy. Will I be allowed to claim the car insurance expense that I pay for my two sons? Both live at home. One is 17, the other is 20. They both attend college and have no jobs. I was told that it was not going to b...

    Mohammad’s Answer

    It depends on the reasonableness of the expenses. If you are purchasing lots of excess insurance for each car, then the trustee is more likely to object. But if you have basic bare bones insurance for each car, and then some to keep yourself protected, the trustee might find that to be a reasonable amount of expenses. Further, the insurance for 20-year-old will be harder to pass off as a reasonable expenses. If you're a single mother, then some of the trustees might expect the older son to be the man of the house.

    As far as the cars go. You only get the $1,000 exemption on one car if you're single, or two cars if you're married. Some trustees may not bother to take your car (or cars) if they are old clunkers that are not worth much. It depends on how expensive it is for the trustee to seize the car, store it, put it up for auction, and eventually sell it for enough money to pay off some of your creditors.

    Talk to an attorney who can put more attention to detail about the age, type and condition of your vehicles.

    See question 
  • I filed a chapter 7 and did not include my mortgage, filing it as exempt; I have already had my 341 meeting, can i ammend sched

    to include it in my discharged debts

    Mohammad’s Answer

    You had better amend soon.

    See question 
  • Objection to Claim after Chapter 7 discharge

    I just received a document from my trustee entitled "Objection to claim and notice of opportunity to object and for hearing". Apparently, there were two claims. The first was from Capital One on the ground that the security has not been liquidat...

    Mohammad’s Answer

    You do not have to worry about the claims. If there were any non-exempt assets that the trustee took from you to put into the bankruptcy estate, creditors would have to file a claim to collect against the bankruptcy estate. Sometimes, for a variety of reasons, the trustee may believe that a particular creditor is not entitled to a claim at all.

    You get copies of the objection to claim. Just keep them for your records.

    See question 
  • Do I need a lawyer for filing ch 13,

    I was informed a paralegal can do it & achieve the same results

    Mohammad’s Answer

    I suppose you could defend a traffic ticket yourself, and even in traffic court some people find huge advantages of using an attorney who has a good working relationship with a traffic hearing officer. So why take the risk of doing it yourself in something as complicated as Chapter 13 bankruptcy?

    See question 
  • What is the difference (if any) between a Family Trust and a Living Trust? Are they the same?

    Can the grantor of the trust, trustee and beneficiary be the same person? Is there a process or requirement to register a trust in the State of Florida? I am looking into putting a distressed asset into a trust for an investment.

    Mohammad’s Answer

    They're usually the same.

    See question 
  • When funding a living trust in FL, is it better to use quitclaim or warranty deed?

    This is for an investment and a homestead property. Also is the grantee the trustee or the trust itself? I have read some places that say either or. Also upon the sale of the properties is the cash available for my beneficiaries immediately or on...

    Mohammad’s Answer

    In any situation, you are better off performing a warranty deed rather than a quit-claim deed. Why take the risk that a title insurer later refuses to underwrite at a later sale? Normally this wouldn't happen, but because of the number of foreclosed properties in Florida that may have clouded title, the title insurers have acted strange recently.

    See question 
  • HOA Auction foreclosure sale. Only knew that it was sold after eviction notice 1 day to move.

    I live in FL. I only have HELOC/Hm Equity L O C-the only morgage I have. My HOA foreclosed, sold home. But I worked out a payment plan date 20 Sept, received in mail 25 Sept. Date and returned to their off. on 27 Sept. Asked to make a few changes...

    Mohammad’s Answer

    You cannot negotiate by crossing the lines in a contract, signing it and dropping it in their night drop box. They'll never acknowledge that they received anything from you. You dropped off some checks but never got the receipt. Your bank statement only says that a check number so and so was debited for such and such amount. It probably doesn't say who it was paid to, unless you have a check image on your statement that is actually legible. Bad move.

    Try to see if you can get the association to title the property back to you after successful negotiation of the payments.

    See question 
  • What does it mean for me to meet with a court Trustee vs. my hired lawyer doing that for me?

    Why is a Trustee involved in bankruptcy?

    Mohammad’s Answer

    You absolutely MUST show up in court for the Meeting of the Creditors (also known as the 341 hearing) that the Trustee will hold at a specific date. The trustee wants to make sure you are who you say your, wants to check your face against your ID, and wants to ask you a few simple questions to see if s/he gets good vibe or bad vibe from you.

    You have to go whether or not you hire an attorney. Failure to do so will result in a dismissal of your bankruptcy.

    Your attorney's job is not to just show up in court. The trustee already knows what your attorney looks like.

    See question