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Carl H Starrett

Carl Starrett’s Answers

1,141 total


  • What is my best course of action? Do I qualify for a homestead exemption due the the house being underwater?

    I was discharged from CH7 in 2008. Included in the BK was the HELOC from my mortgage, it was an 80/20 loan. I went through HAMP on the mortgage, the 80, and have been current ever since. I never heard another word about the 20 part of my mortga...

    Carl’s Answer

    I'm not sure how the judgment lien relates to the HELOC. The bottom line is that you cannot remove a second mortgage from your house in a Chapter 7 case.

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  • MECHANICS LEIN AFTER CHAPTER 13 FILED

    I am renting in my moms house. I agreed to fix things as they come up. Got a new garage door I put down the deposit. I then had to file chapter 13 . I put tue garage door bill into the payment to be paid thru the plan. The owner of the garage door...

    Carl’s Answer

    You need to speak with an attorney who is familiar with bankruptcy law and contract lien rights on New Jersey. It maybe be possible that the contractor may be able to put a lien on your mother's property and sue to foreclose on the lien unless the lien is paid.

    You don't own the house, so putting a lien on it is probably not a violation of the automatic stay. The contract can put in a proof of claim, but that doesn't mean he can't pursue remedies that he may have against third parties.,

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  • I filed chapter 7 last April, and just found new job. will my new income be part of asset/estate for distribution to creditors

    I also do not know if something I buy now before B/R is closed will be part of the asset for the distribution. a car I have now is a old one, and having some problems now. I don't know if this is the right time to buy a better one because of my ch...

    Carl’s Answer

    Congratulations on the new job. Being in debt and filing for bankruptcy can be very stressful.

    Income earned after you file for a Chapter 7 is your and won't be distributed to creditors. You are free to buy a replacement vehicle, just make sure you can actually afford it.

    Also, talk to your attorney first if you intend to use the old care as a trade in. While it is probably exempt, you want to make sure that the trustee doesn't want to sell your current car to pay creditors.

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  • How can I legally have the seller pay for this? Is it even possible?

    i recently purchased a restaurant. In my escrow documents, it states the seller must have all equipment in working order. I just noticed a tag that was flipped over and stated non compliance for the fire suppression.

    Carl’s Answer

    Something that is "non complaint" might still be functional, so have an attorney carefully review the contract and see if there was actually a breach of the sales agreement.

    If there was a breach, ask them to pay for the repairs. If they refuse, you can file a lawsuit against them for breach of contract.

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  • Am I required to provide a privilege log if one of my objections is burdensome, overbroad, and oppressive? Seems illogical.

    California superior court

    Carl’s Answer

    A privilege is only used for cases where documents exist, but you are withholding them because the law recognizes a privilege that allows you to keep them private. A letter you write to your attorney might be protected by the attorney-client privilege. Your medical records might be protected by the right to privacy or the doctor-patient privilege..

    The privilege log is supposed to help the other side decide if they agree that the privilege applies for if they should got to court to force the disclosure.

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  • How much weight do courts put on a meet/confer letter before a motion to compel? Opposing attorney is just cutting and pasting.

    California superior court

    Carl’s Answer

    The court will be the meet and confer letter the weight it deserved based on the totality of the circumstances.

    If the party sending out the discovery doesn't think you provided enough information, they have the right to send a meet and confer letter outlining why they feel the responses were sufficient. The law encourages people work out compromises on discovery. If you do not provide amended responses of if the amended responses are still not good enough, they can file a motion to compel for an order provide further responses.

    If the judge agrees that the responses are deficient, the meet and confer letter could help determine if the judge awards sanctions against you.

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  • I owe IRS $30,000 can bk help me

    I filed for BK chapter 7 and it was filed in December of 2013 I owe back taxes for 2011, 2012 and 2013 can the BK that was granted to me in 2013 give me any relief from the $30,000 I owe in back taxes I am going thru a divorce and pay spousal supp...

    Carl’s Answer

    Your Chapter 7 case did not eliminate the tax debt. Contact a CPA or a tax attorney about help with an installment plan or an offer in compromise.

    In December 2017, start taking to a bankruptcy attorney to see if Chapter 13 might help you.

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  • Can I mail my bankruptcy petition in to the court in Indiana?

    I just don't want to have to take more time off work than I have to. I know that I will have to attend court, but I don't want to have to take off and drive almost 2 hours more than i have to.

    Carl’s Answer

    You really should see an attorney about this. An attorney can file your case electronically without traveling to the court and save you this time and hassle.

    The rules for filing my mail will vary by court, so you may need to contact your local bankruptcy court for more information. In the district where practicing, someone filing a case on their own is supposed to show picture ID in person or send a photocopy of their ID along with petition if they mail it. My court also requires you to follow certain rules on the format of the creditor's mailing list and you must submit it on a CD, flash drive or other electronic format. Failure to follow the rules could result in dismissal.

    Rules for filing might even vary between courts in your own state. Rules for filing a Chapter 7 case in San Diego, where I am, are slightly different than Riverside.

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  • Was verbally and physically assaulted by cashier in Albertsons do I have a case against them.

    While shopping at Albertsons, my wife was using a coupon that made the juice she was buying free and it specified that she could only get 2 bottles at a time. So she got two paid for the other items and left the store. Since she had more coupons s...

    Carl’s Answer

    The clerk was rude to you wife, but I don't see anything in what you've written that would be the reasonable basis for a legal claim.

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  • I am current with my mortgage, as of yesterday. They say I have too much equity in my home to file bankruptcy.

    I have about $13,000 left on my mortgage. My home is worth about $70,000. I have a high amount of credit debt also. I do not qualify for a loan. Would I still be able to file bankruptcy and not lose my home?

    Carl’s Answer

    You need to speak with a Maryland bankruptcy attorney to confirm this, but I believe the homestead exemption in your state is less than $22,000. Even after deducted the exemption, costs of sale and around 8% and the existing loan of $13,000, you seem to have nearly $29,000 of unprotected equity in your home that a trust could use to pay your debts. A Chapter 7 trustee very well could sell your home.

    You need to see a local bankruptcy attorney to confirm this analysis and you should also consider a Chapter 13 payment plan to avoid a forced liquidation.

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