Ross M. Mumme’s Answers

Ross M. Mumme

Phoenix Chapter 7 Bankruptcy Attorney.

Contributor Level 11
  1. Is it illegal or considered fraud if I file for a tax date extension if I know I'm going to be in judgement in 7 days?

    Answered over 1 year ago.

    1. Ross M. Mumme
    2. Diane L Drain
    3. Dorothy G Bunce
    3 lawyer answers

    Hello, Thank you for the question. Whether to file an extension or your taxes today depends on your tax situation. I am assuming (perhaps incorrectly) that you are wanting to delay filing your taxes so that you may attempt to keep your refund. If this is the case, the trustee in your case will probably be entitled to your 2012 tax refund even if you file an extension today and file your taxes later. Questions about when and how to file taxes should be discussed with a CPA or tax...

    11 lawyers agreed with this answer

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  2. We were current on our HOA fees and filed bankruptcy, did not pay HOA after filing and when discharged started paying again.

    Answered over 1 year ago.

    1. Ross M. Mumme
    2. Steven W Zachary
    3. Andrew M Ellis
    3 lawyer answers

    Generally, when you file bankruptcy, HOA dues that were due prior to the date of filing are discharged in your bankruptcy. Dues that become due after the date of filing, you are still responsible for as long as you hold title to the house. It sounds like you probably still owe the HOA dues arising post petition.

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  3. Can you buy another car after you file bankruptcy and before it is discharged?

    Answered about 1 year ago.

    1. Derek R. Caldwell
    2. Ross M. Mumme
    3. Steven W Zachary
    4. Diane L Drain
    5. James Portman Webster
    5 lawyer answers

    I agree with Mr. Caldwell. In a chapter 7 you need not wait until discharge to purchase/finance a replacement vehicle. Just be sure that if you finance a vehicle, you can afford the payments for the long run. Good luck.

    11 lawyers agreed with this answer

  4. How will anyone know I have a small accident settlement coming if I don't tell them and still file for bankruptcy?

    Answered over 1 year ago.

    1. Ross M. Mumme
    2. Diane L Gruber
    3. Steven W Zachary
    3 lawyer answers

    Hiding assets in bankruptcy is not a risk you want to take. The trustee in a chapter 7 case is compensated based on the amount of money he or she can find for creditors. So, trustees are highly motivated to find hidden assets. It simply isn't worth the risk.

    8 lawyers agreed with this answer

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  5. Should I file for bankruptcy?

    Answered over 1 year ago.

    1. Gary Alan Armstrong
    2. Ross M. Mumme
    3. Eryk Christopher Gabhran Boston
    4. Michael Glynn Busby Jr.
    5. Michael Wayne Weston
    6. ···
    7 lawyer answers

    Thanks for your question. Bankruptcy is often a viable option to discharge credit card debt and medical bills. You should speak with a bankruptcy attorney in your area to find out if your situation warrants bankruptcy. An attorney can advise you on which property you may keep in a bankruptcy and when the best time for you to file would be. I hope that helps.

    9 lawyers agreed with this answer

  6. Can I sell or give my house to my son ? Avoid medical creditors.

    Answered 11 months ago.

    1. Ross M. Mumme
    2. Andrew M Ellis
    3. Robert J Adams Jr.
    4. Brett D Weiss
    5. Dorothy G Bunce
    6. ···
    7 lawyer answers

    So sorry to hear about your situation. Your home is protected from creditors if the equity in the home does not exceed $150,000. Additionally, in Arizona, judgment liens do not attach to your homestead. If your home is valued over $150,000, (and even if it is not valued that high) you may want to speak with a bankruptcy attorney to go over options. What you should never do, is transfer property for less than what it is worth in order to hide or shield it from creditors. Doing this is...

    7 lawyers agreed with this answer

  7. CAN U USE A CREDIT CARD FOR A RETAINER IN Az?

    Answered about 1 year ago.

    1. Ross M. Mumme
    2. Charles R Smith
    3. Robert J Adams Jr.
    4. Billie Tarascio
    4 lawyer answers

    Some attorneys will accept a credit card for an advance on fees, but most I know do not. It has to do with our client trust accounts, which is where unearned fees must be deposited. And of course, a bankruptcy attorney should not accept payment by credit card if those charges will be discharged in the bankruptcy. As my colleague suggests, the bigger issue seems to be your lack of trust in your attorney. Trust your gut and work with an attorney you trust. Hope this helps.

    7 lawyers agreed with this answer

  8. My husbands abroad for medical treatments long term. Can I appear for he and I, we need to file for joint Bankruptcy chpt7? Thx

    Answered about 1 year ago.

    1. Ross M. Mumme
    2. Diane L Drain
    3. Steven W Zachary
    4. Robert J Adams Jr.
    5. Michael J Corbin
    6. ···
    6 lawyer answers

    Being harassed by creditors and wanting it to stop is as legitimate a reason to file bankruptcy as any. However, there may be more things to consider and waiting to file may make more sense. I agree with the other attorneys who have answered so far if filing now is essential, but it might be better to send your creditors cease communication letters to get them to stop calling, and filing at a later date. I recommend consulting with a bankruptcy attorney if you haven't already done so, who can...

    7 lawyers agreed with this answer

  9. Trying to determine if bankruptcy is the right option for me.

    Answered over 1 year ago.

    1. Ross M. Mumme
    2. Scott L Greeves
    3. Scott A Macleod
    4. Diane L Drain
    5. Douglas Garth Edmunds
    6. ···
    6 lawyer answers

    Thank you for your question. I am sorry to hear about what has happened to you. Based on the info you have provided, it sounds like bankruptcy could provide great benefit to you. If there is little equity in your cars and home, you would probably be able to keep them in a chapter 7 bankruptcy and chapter 7 would eliminate the credit card debt you spoke of in your question. If I were in your shoes. I would find an attorney here on avvo and have a consultation. I offer free consultations myself...

    7 lawyers agreed with this answer

  10. Hi, I have a bankruptcy to resolve from the melt down in 2009. Right now , my unsecured debt limit is so high I have to file 11

    Answered about 1 year ago.

    1. Thomas John Cesta
    2. Ross M. Mumme
    3. Stuart Bradley Handelman
    4. Diane L Drain
    5. Lonnie K McDowell
    5 lawyer answers

    Thanks for the question. I am sorry to hear you are facing a loss of employment. Because it sounds like your line of work creates fluctuations in income, I believe you should invest in consultation with a bankruptcy attorney (which often costs you nothing but your time). In determining eligibility for Chapter 7, examination of your income in the six months preceding the month you file is necessary. If your income increases after that period, generally you are not required to convert your...

    6 lawyers agreed with this answer

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