Steven Keith Brumer’s Answers

Steven Keith Brumer

Carlsbad Bankruptcy Attorney.

Contributor Level 9
  1. Can I take my bankruptcy attorney to small claims court for legal malpractice due to balance of fees to intended beneficiary?

    Answered about 1 year ago.

    1. Matthew Scott Berkus
    2. Steven Keith Brumer
    3. Michael Raymond Daymude
    4. Brian Crozier Whitaker
    5. Robert Michael Fox
    6. ···
    6 lawyer answers

    While my esteemed colleague is correct that this does not belong in small claims court, I'd question whether you have any damages as a result of the alleged malpractice. Certainly you were advised incorrectly and your mother suffered as a result but whether you were damaged as a result of your attorney's malpractice remains to be seen. You hired an attorney to obtain a discharge of all of your dischargeable debt. You received that discharge. One of your creditors (your mom) ended up with an...

    10 lawyers agreed with this answer

  2. I owe about 80k on the credit cards, is it possible to file bankruptcy after the judgement against me?

    Answered 3 months ago.

    1. Steven Keith Brumer
    2. Richard Scott Lysle
    3. Shaye Larkin
    4. Michael Salanick
    5. Christine B. Adams
    6. ···
    6 lawyer answers

    Timing is very important in bankruptcy. Yes, generally speaking you can file a bankruptcy after a judgment is entered against you and if you did incur the charges, the creditor will likely obtain a judgment before trial by way of what is known as a motion for summary judgment. You should meet with a bankruptcy attorney at your earliest opportunity. Like me, many of my AVVO colleagues will provide a consultation free of charge.

    7 lawyers agreed with this answer

  3. Is BK discharge title for income tax ?

    Answered 9 months ago.

    1. Maureen Andrea Enmark
    2. Steven Keith Brumer
    3. Brian Crozier Whitaker
    4. Ray Choudhry
    5. James Liu
    5 lawyer answers

    It seems like you're asking if you will be liable for income tax as "cancellation of indebtedness income" for the amount of debt discharged in your bankruptcy. The bankrutpcy discharge does not create cancellation of indebtedness income. Generally speaking then, your debts should be discharged and there should be no tax consequence. Of course all cases are different so you should consult with an experienced bankrutpcy attorney.

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. Is there a maximum rate a paralegal can charge you for preparing docs for bankruptcy ch 7 in state of california?

    Answered 10 months ago.

    1. Steven Keith Brumer
    2. Susan J Dodds
    3. Todd Gregory Lezon
    4. Chirnese Lashaunda Liverpool
    5. Ryan Sean Carrigan
    5 lawyer answers

    A paralegal is not permitted to sign off on any documents, represent you in a bankruptcy proceeding, or collect a fee unless they are a "bankruptcy petition preparer". Be careful here...

    6 lawyers agreed with this answer

  5. I received a,sommons because I am,being sued by wells fargo..for $3000. What do I do next?

    Answered 3 days ago.

    1. Steven Keith Brumer
    2. Ashley Yuriel Tuchman
    3. Shaye Larkin
    4. Daniel Ray Gamez
    5. Albert Rudolph Limberg
    6. ···
    8 lawyer answers

    My colleagues from other states and northern California are correct. Failure to respond to a lawsuit will result in a default judgment entered against you. This means that the plaintiff wins and then can sell the judgment to a collector (which is what happens most of the time) or try to collect from you. You don't necessarily need a lawyer to file a response but talking to a local attorney would be a good idea because you may have options you don't know about. Feel free to contact me if...

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  6. What are the income tax consequences with IRS if I do a Deed in Lieu with lender of my rental property?

    Answered 9 months ago.

    1. Steven Keith Brumer
    2. Brian Crozier Whitaker
    3. Gary D. Bollinger
    3 lawyer answers

    One is not generally liable for income tax on a deficiency; rather, you're thinking of income tax as a result of cancellation of debt ("COD"). Bankruptcy is an exception to liability for cancellation of indebtedness income because Chapter 7 results in cancellation of all of your debt. If not, then the average debtor with $15,000 of credit card liability would discharge that and have $15,000 of phantom income on which to pay tax and that wouldn't make sense for most debtors. Your obligation...

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  7. How much money can one make or have in bank after court closes my bankrupts case?

    Answered about 1 year ago.

    1. Steven Keith Brumer
    2. Eric Charles Lewis
    3. Diane L Gruber
    3 lawyer answers

    Once your case is closed you are not limited in how much money you're allowed to have in the bank but certain kinds of income (like inheritances) received within 180 days of filing your case must be reported to your trustee even after the case has closed.

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. Chapter 7 Bankruptcy question

    Answered over 1 year ago.

    1. Steven Keith Brumer
    2. William James Waters
    3. Peter Walter Weston
    4. Hale Andrew Antico
    5. Faezeh Pejman
    6. ···
    7 lawyer answers

    The motorhome is likley secured by a lien against it - much like a car. If you file Chapter 7 and receive a discharge, you will no longer be obligated on the loan but the lender still has a lien against the property and can repossess it. So unless you intend on "reaffirming" (remaining obligated on) the debt, you will likely lose the motorhome in a Chapter 7. There are many options with regard to vehicles like motorhomes in both Chapter 7 and Chapter 13. You should contact a bankruptcy...

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  9. If I purchase a 2nd vehicle shortly before filing bankruptcy, can I count both vehicles' expenses on my means test?

    Answered 9 months ago.

    1. Steven Keith Brumer
    2. Brian Crozier Whitaker
    3. Kathleen M. Dunne
    4. Ray Choudhry
    4 lawyer answers

    Vehicle lease and loan payments are generally deductible on the means test. They must, however, be reasonable in amount and purpose. Like my colleague advised, one driver won't be able to deduct two payments. Good luck.

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  10. If i receive a large sum due to a work injury while filing bankruptcy does it get taken to pay creditors?

    Answered 8 months ago.

    1. Rex Tran
    2. Steven Keith Brumer
    3. Dwayne M Farnsworth
    4. Ray Choudhry
    5. Asaph O. Abrams
    5 lawyer answers

    You were required to list the pending court case on your bankruptcy petition. If you attended your meeting of creditors you should have been asked if you listed all of your assets on your petition. Pending claim for personal injury (called a "cause of action") is an asset of your bankrutpcy estate. Whether the proceeds will be taken to pay your creditors depends on whether you can exempt it after you have filed the required amendment to list it. You should speak to an attorney as soon as...

    5 lawyers agreed with this answer

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