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Carl H Starrett II

Carl Starrett’s Answers

1,154 total


  • My Chapter 7 Bankruptcy was discharged in January 2014, but I am still waiting for it to actually close.

    Is it common for the chapter 7 process to be drawn out over a long period of time? Our bankruptcy was discharged in January 2014, but we had an issue with our homestead and after almost 2 years, we still don't know where we stand. Our trustee ha...

    Carl’s Answer

    Perhaps your attorney didn't do the best job explaining how bankruptcy works, but I strongly disagree with my colleagues that have suggested complaining to the State Bar. The attorney's job seems to be complete now that you have your discharge.

    A bankruptcy will not close until all assets have been administered (sold and money paid to creditors). The fact that your Chapter 7 trustee hired an accountant indicates to me that your case had assets. It can take YEARS for the trustee to sell the assets and paid creditors. I had one case of my remain open for over 5 years.

    Most Chapter 7 cases in San Diego have no assets and close about 9 weeks after the meeting of creditors. You case will remain open a while longer and amount of time is in the hands of the trustee. Your attorney will likely have no way of know how long this process will take.

    The most important that is that you have your discharge and most debts are forgiven.

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  • I objected to discovery requests on privacy grounds. The other side filed a motion to compel and their argument

    is that I have failed to provide adequate evidence showing consideration was given for a promissory note. Does the absence of evidence make the information sought directly relevant to defeat a privacy objection?

    Carl’s Answer

    You have't provided enough information to determine if you have a valid objection. The scope of discovery is very broad and a privacy objection will rarely apply in a a lawsuit about a promissory note.

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  • Looking to see if I need to retain a lawyer

    iam willing to retain a lawyer for a foreclosure defense, the judge has violated my due process in a civil suit and even the judge asserted in the courts when the other party was delinquent in discovery by almost 6 months, the judge said that it i...

    Carl’s Answer

    The judge hasn't violated your due process rights. He was simply telling your most attorneys already know: (1) people who don't have an attorney are almost always at a disadvantage; and (2) even with attorney, foreclosure cases are hard for a homeowner to win.

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  • Can I sell stock that I have during a Chapter 13? Can I transfer ownership of the stocks during a Chapter 13?

    I am in a Chapter 13 currently and RSU stocks that my company gave me have vested. Can I cash them in? What about transferring ownership?

    Carl’s Answer

    You need to speak your attorney because it really depends on the terms for the confirmation and the terms of the plan. Chapter 13 plans vary a lot form court to court, so the answer I would give my clients in Southern California could be different than the answer for your area. You might be able to sell the stock and keep the proceeds. Or you might need to turn the proceeds over to the trustee as a payment.

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  • Can you put a lien, possibly EJ-185 against your own civil suit?

    Long story short. Trustee from BK 7 has possession of my personal injury suit. Can a lien be filed in the county of the suit to protect the exempt asset? I know it sounds like a stretch even to me but I'm trying to protect my asset from unscrupul...

    Carl’s Answer

    You can't filed a judgment lien against yourself. You have the right to file a claim of exemption in the bankruptcy court to potentially protect some of the proceeds from the personal injury claim.

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  • I need to know how to file a mechanical lien, what the process and do I need a lawyer?

    I have perform work for a GC as their subcontractor but haven't receive the finial payment for three different properties. One of the owner of the company and I came to a verbal agreement about the payments but when I sent them the written agreeme...

    Carl’s Answer

    The laws on recording mechanic's liens will vary by state. You'll want to speak with an attorney who knows construction law in your state. You can use the AVVO search function or call the lawyer referral service form you local county bar association.

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  • Personal collections/garnishment of wages to an employee of Boeing in Seattle Wa

    This is hurtful to me because its my son. I loaned my son $10,000 to get released from jail April 2013 for an abuse case, I don't condone that type of behavior at all but i didn't want him to lose his job with Boeing as a manager so i loaned him t...

    Carl’s Answer

    I believe Washington state does allow wage garnishments, but you'll need to file a lawsuit there and sue in in order to get a judgment. Please bear in mind that I do not practice law in Washington, so you'll need to hire an attorney to verify.

    In most states, a garnishment for child or spousal support would priority over other types of garnishments. I'm sorry you are going through this, but collecting might be difficult.

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  • Is it possible to file a continuance for an LA court credit card collections suit?

    One week til trial date.

    Carl’s Answer

    It isn't impossible, but you'll need a pretty good reason and will need to file an ex parte motion as the other attorneys have noted.

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  • If I forgo my job's health insurance are they required to reimburse the cost to me on my paychecks?

    My boss offers up to $300 towards health insurance (as in you choose a plan anywhere and they will cover up to $300) but I already have a plan with my family so I decided to forgo using it. Another employee was told that they would receive the $30...

    Carl’s Answer

    Your boss offered you a benefit and you turned it down. Another employee took advantage of it and now you regret turning it down. The solution is simple: "Hey boss, i made a mistake, Can I start taking advantage fo the $300 health care benefit that I turned down?"

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  • Can I sue someone that i once trusted to store my guns but now will not give them back

    When my mother died I received all of her possessions which included guns (2 shot guns, 2 hand guns .45, .38) I trusted a friend to store them at her boyfriend house for me until I got situated and was able to get a steel gun case now they will no...

    Carl’s Answer

    Send them a letter giving 7 days to turn over the weapons. if they don't sue them in small claims court.

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