Michael J. Ireland’s Answers

Michael J. Ireland

Thousand Oaks Bankruptcy Attorney.

Contributor Level 12
  1. In California is it legal for a assistant that is not a lawyer to granted in writing a extension to answer a complaint.

    Answered over 1 year ago.

    1. Michael J. Ireland
    2. Frank Wei-Hong Chen
    3. Kevin Samuel Sullivan
    4. Susan Kathryn Ashabraner
    4 lawyer answers

    IF YOU GET THE EXTENSION IN WRITING (email, fax, or letter), it should be binding on the plaintiff UNLESS the plaintiff's attorney already told you something to the effect of "no extensions" or "you can't talk to anyone except me about this case". It is quite common for staff of an attorney (even including agents) to agree to ministerial, procedural courtesies (such as extensions of time). GET IT IN WRITING is the big thing. If the plaintiff attempted to default you, I am pretty sure most...

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  2. Can a creditor sue me for a debt that was discharged in Bankruptcy over 2 years ago?

    Answered over 1 year ago.

    1. Michael J. Ireland
    2. Michael Salanick
    3. Justin Drayton Graham
    4. Diane L Gruber
    5. Jeffrey Scott Hyslip
    5 lawyer answers

    There are two answers to your question, a THEORETICAL answer and a PRACTICAL answer. THEORETICAL Yes, you can sue anyone for anything. Yes, they probably violated the automatic stay and permanent injunction by suing you. PRACTICAL It is likely an honest error and the Courts expect you to act reasonably by giving the plaintiff a chance to correct its error. So, get a copy of your NOTICE OF DISCHARGE, a copy of SCHEDULE F (circle the debt they are suing on), and a copy of the SUMMONS...

    12 lawyers agreed with this answer

  3. How to clear abstract of judgement due to filing by credit card attorney? Court shows it open case even after bankruptcy ch7.

    Answered over 1 year ago.

    1. Michael J. Ireland
    2. Brian Crozier Whitaker
    3. Dorothy G Bunce
    4. Ryan Cullen Wood
    4 lawyer answers

    You are misinformed about your rights and the consequences of bankruptcy on a judgment lien. Do-it-yourself bankruptcy is like do-it-yourself brain surgery, sometimes it doesn't work out well. Although you are correct that no new action can be brought against you as a result of the pre-petition judgment, you are wrong about the judgment creditor's rights and responsibilities. It may surprise you that the judgment creditor can legally foreclose that judgment lien right now. I am guessing...

    8 lawyers agreed with this answer

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  4. I just got a notice from the IRS saying that my 2011 returns are being adjusted due to a MISC-1099 that I did not reported.

    Answered over 1 year ago.

    1. Michael J. Ireland
    2. David Aaron Wiesen
    3. Dana Whitney Atchley
    4. Christopher Michael Larson
    4 lawyer answers

    Attorney Weisen gave good advice. Whatever notice you received from the IRS should have identifying information on it (a Notice Number, an address for a mailed response, a name and a phone number). Make a call first. Even if you speak to someone and they say it is all good, follow up with a written letter including the Schedules F (listing the debt) and Notice of Discharge. Good luck.

    8 lawyers agreed with this answer

  5. Bankruptcy Question re: Restitution. criminal restitution is not able to be discharged in BK. But I owe it bc of my son. matter?

    Answered over 1 year ago.

    1. Michael J. Ireland
    2. Adam Brooks Arnold
    3. Michael Raymond Daymude
    4. Brad Francis Weil
    5. Curtis Lamar Harrington Jr
    6. ···
    7 lawyer answers

    If the court order names YOU as the person legally responsible to pay resitution to a victim because of the actions of your minor child, it is most likely not dischargeable in bankruptcy. However, if the order is really to pay court costs or costs of prosecution or defense costs (even though it might be called restitution), that MIGHT be dischargeable under a 9th Cir BAP opinion from 2008 In re Ryan. Furthermore, if the order does NOT name you, then it likely is dischargeable. In any...

    8 lawyers agreed with this answer

  6. Can i dispute debt alleged in the complaint if statute of limitation has already expired?

    Answered over 1 year ago.

    1. Michael J. Ireland
    2. Michael Raymond Daymude
    3. Crosby Scott Connolly
    4. Gary D. Bollinger
    4 lawyer answers

    You may be filling out the settlement conference statement form correctly, but it is FAR MORE IMPORTANT that you raise the SOL argument as an affirmative defense in YOUR ANSWER to the complaint. If you failed to do so, you should consider AMENDING THE ANSWER to add it (along with other appropriate affirmative defenses). To prove the SOL defense, you probably will need to demand discovery to obtain the documents that prove the date of the last charge and payment on the account, which is...

    7 lawyers agreed with this answer

  7. Short sale Tax Implications After Bankcruptcy Chapter 7?

    Answered over 1 year ago.

    1. Michael J. Ireland
    2. Brian Crozier Whitaker
    3. Michael Salanick
    4. Brad Francis Weil
    5. Matthew Scott Berkus
    5 lawyer answers

    3 years without a payment is an extraordinary amount of free rent, but that is not your question. Whether the home is sold short or foreclosed, your personal obligations to pay the loans secured by your home were discharged at then end of your Chapter 7 case in December 2009. Therefore, it doesn't matter now whether the house is foreclosed or sold short, you will have NO income from debt forgiveness at this time, so no income tax from debt forgiveness now either. Whether a short sale...

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  8. HOW DO BANKRUPTCY TRUSTEES KNOW ABOUT OTHER MONEY YOU GET AFTER FILING?

    Answered over 1 year ago.

    1. Dorothy G Bunce
    2. Michael J. Ireland
    3. Alan D. Walton
    3 lawyer answers

    I have read your other questions and I have an idea where you are going with this. Please be honest. 1. You have a LEGAL responsibility to inform the trustee about certain post-petition events (inheritances, lottery winnings and other windfalls within 6 months of filing a Chapter 7 and at any time during a Chapter 13 or Chapter 11). 2. You have a MORAL obligation to inform the trustee if your financial situation changes dramatically to the point it would be unfair to keep the windfall...

    6 lawyers agreed with this answer

  9. I want to file bankruptcy but I don't have a social security number. Can I file with an ITN number?

    Answered over 1 year ago.

    1. Michael J. Ireland
    2. Brian Crozier Whitaker
    3. Paula Brown Sinclair
    4. Michael Salanick
    5. Brad Francis Weil
    6. ···
    7 lawyer answers

    Assuming you are an individual, yes you can file a BK with an ITN, if you reside or are domiciled or have a place of business or property in the USA. Be sure to use your ITN on the "Statement of Social Security Number." HOWEVER, you will have to answer the trustee's obvious inquiry at the 341a as to why you have no SSN (lack of green card is obvious reason) and otherwise prove your identity (passport, etc.) AND bring proof of issuance of the ITN to your name (the IRS letter would be helpful)...

    6 lawyers agreed with this answer

  10. Can someone garnish your parents wages if your over 18 of age and have been sued in small claims court?

    Answered over 1 year ago.

    1. Michael J. Ireland
    2. Carl H Starrett II
    3. Malosack Berjis
    3 lawyer answers

    Since you don't provide sufficient facts to allow me to give you a certain answer, I will have to give you a couple scenarios so you can pick which one applies to you. Your mom owned the car involved in the accident, so most of the time the car owner is sued AND the driver is sued at the same time when handled by a good lawyer. So, it is possible (even likely) that you are not the only person who was sued. However, you mention this was a small claims case, so the chances a good lawyer...

    6 lawyers agreed with this answer