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 over 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. Does submitting a fee waiver affect the automatic stay at time of filing? Will it be in affect after the fee waiver is approved?

    Answered 3 days ago.

    1. Richard D. Granvold
    2. Steven Keith Brumer
    3. Michael John Primus
    4. Mehran Ron Chini
    5. Shelley Ann Elder
    6. ···
    6 lawyer answers

    No; the automatic stay goes into effect upon the filing of the petition. Payment of the fee or the filing of a request for a waiver of the requirement to pay the fee has no impact on the automatic stay as long as what is being stayed isn't excepted from the stay under Section 362 of the Bankruptcy Code.

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. I'm considering having my car repossessed. I'm upside down in the car, can I discharge the deficiency in a BK chapter 13?

    Answered 2 months ago.

    1. Shaye Larkin
    2. Steven Keith Brumer
    3. Sandra A Kuhn Esq.
    4. Jon Massimo Cooper
    5. Stuart Gregory Steingraber
    6. ···
    7 lawyer answers

    Yes, the deficiency can be discharged after your Chapter 13 plan payments are complete, assuming you're otherwise entitled to a discharge. And yes, you will be able to finance a vehicle again in the future. The critical issue is whether you're entitled to a discharge. Section 727(a)(8) of the Bankruptcy Code states that the court will grant you (as the debtor) a discharge unless the debtor has been granted a discharge…in a case commenced within 8 years before the date of filing the petition....

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

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

    Answered 6 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

  5. Is BK discharge title for income tax ?

    Answered 11 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

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

    Answered about 1 year 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

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

    Answered 3 months ago.

    1. Steven Keith Brumer
    2. Ashley Yuriel Tuchman
    3. Shaye Larkin
    4. Daniel Ray Gamez
    5. Albert R. 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...

    Selected as best answer

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

    Answered 12 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...

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

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

    Answered over 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

  10. 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...

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

858-720-8250