Jeffrey Daniel Larkin’s Answers

Jeffrey Daniel Larkin

Carlsbad Bankruptcy Attorney.

Contributor Level 15
  1. I'm the person who bk'd 4 props (3 investments with a second on them). Thanks for the info on the taxability on debt bankrupted.

    Answered about 4 years ago.

    1. Jeffrey Daniel Larkin
    2. Frank Wei-Hong Chen
    3. Theodore Lyons Araujo
    3 lawyer answers

    Your bankruptcy discharge will protect you from any potential tax liability if you decide to short sell it post discharge. The underlying debt has been discharged (assuming you did not reaffirm the mortgage) so there is no deficiency balance, tax liability or otherwise that kicks in. Short selling post BK is a good way to buy yourself additional time in the home without paying the mortgage but otherwise is not necessary. Mr. Larkin is a San Diego Bankruptcy Attorney and is licensed in...

    Selected as best answer

  2. I have a joint loan with my ex husband, can I claim bankruptcy without him?

    Answered over 4 years ago.

    1. Jeffrey Daniel Larkin
    2. Scott Douglas Jordan
    3. Theodore Lyons Araujo
    3 lawyer answers

    I agree that you can file without your ex husband but I disagree with the post that indicates you must use his income on the means test. If you are separated or your divorce is final, you do not need to list his income, only the income he provides you (ie. alimiony/child support) Mr. Larkin is a San Diego Bankruptcy Attorney and is licensed in California. His response here does not constitute legal advice and does not create an attorney/ client relationship. The response is in the form of...

    Selected as best answer

  3. Chapter 20?

    Answered over 4 years ago.

    1. Jeffrey Daniel Larkin
    2. Steven Alan Fink
    3. Maureen Andrea Enmark
    4. David Leibowitz
    4 lawyer answers

    Yes, there is such thing as a chapter 20 as the other posts indicate but there is a good faith requirement to filing such a case which depends on your unique circumstances. Make sure you consult with a competent attorney before choosing this direction. Mr. Larkin is a San Diego Bankruptcy Attorney and is licensed in California. His response here does not constitute legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is...

    Selected as best answer

  4. If a debt was not listed in bankruptcy, can it be added

    Answered about 5 years ago.

    1. Jeffrey Daniel Larkin
    2. Timothy William Combs
    3. Andrew Daniel Myers
    3 lawyer answers

    If your case was a no asset case (meaning the trustee did not take any of your property to sell for creditors) then the fact that this creditor was not listed is not a problem. Simply send them a copy of your discharge via certified mail so you have proof they were served with notice of the bankruptcy. Mr. Larkin is a CA licensed bankruptcy attorney and is located in San Diego. His response here does not constitute legal advice and does not create an attorney/ client relationship. The...

    Selected as best answer

  5. Debt Collectors and Civil Lawsuit.

    Answered almost 6 years ago.

    1. Jeffrey Daniel Larkin
    2. Ronald Anthony Sarno
    2 lawyer answers

    You should file an answer to the complaint and assert the statute of limitations as an affirmative defense in your response. I would also argue that the clause indicating the statute of limitations is waived, is void because it is against public policy. LEGAL DISCLAIMER Mr. Larkin is licensed to practice law in CA and is located in San Diego. His response here does not constitute legal advice and does not create an attorney/ client relationship. The response is in the form of legal...

    Selected as best answer

  6. Are VA disablity benefits exempt in bankruptcy, do I have to state them?

    Answered over 5 years ago.

    1. Jeffrey Daniel Larkin
    2. Stanley Duane Lockhart
    2 lawyer answers

    Your VA benefits are exempt from being taken from you in the bankruptcy. LEGAL DISCLAIMER Mr. Larkin is licensed to practice law in CA and is located in San Diego. His response here does not constitute legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Larkin...

    4 people marked this answer as helpful

  7. Can I request the credit bureaus to take off Resurgent, since it has been over 7 years, and debt listed 3times. Can I sell car?

    Answered almost 6 years ago.

    1. Jeffrey Daniel Larkin
    1 lawyer answer

    Yes, you should dispute this tradeline with the credit reporting agencies. It should only be reported once. If they are not interested in picking up the car you should contact the DMV in your state to get information on how to conduct a lien sale on the vehicle to get good title so you can sell it legally tyo someone else. LEGAL DISCLAIMER Mr. Larkin is licensed to practice law in CA and is located in San Diego. His response here does not constitute legal advice and does not create an...

    4 people marked this answer as helpful

  8. Is there a statute of limitations on payday loans?

    Answered almost 6 years ago.

    1. Jeffrey Daniel Larkin
    1 lawyer answer

    Statute of limitations for a payday loan is 4 years from the date of the last payment on the account. LEGAL DISCLAIMER Mr. Larkin is licensed to practice law in CA and is located in San Diego. His response here does not constitute legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the...

    4 people marked this answer as helpful

  9. Can my bank account be levied if I have very low funds in it?

    Answered almost 6 years ago.

    1. Jeffrey Daniel Larkin
    1 lawyer answer

    Yes they will take whatever is in the account and apply it to the outstanding balance of the judgment. Each time they levy your account they will have to apply for another order from the court. Unlike wage garnishments where they get one order and garnish each paycheck, levy orders need to be renewed each and every time they attempt to levy. LEGAL DISCLAIMER Mr. Larkin is licensed to practice law in CA and is located in San Diego. His response here does not constitute legal advice and...

    1 lawyer agreed with this answer

    2 people marked this answer as helpful

  10. Property taxes and home insurance in bankruptcy

    Answered almost 5 years ago.

    1. Jeffrey Daniel Larkin
    2. Kendall David Coffman
    3. Stanley Duane Lockhart
    4. Harley Aaron Feinstein
    5. Kevin Michael Cortright
    6. ···
    8 lawyer answers

    I agree with the answers below but would add that a bankruptcy could help you stay in your home longer and may help buy you additional time to negotiate with your lender if you have a sale date approaching. Mr. Larkin is a San Diego Bankruptcy Attorney and is licensed in California. His response here does not constitute legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

760-692-2269