Carl H Starrett II’s Answers

Carl H Starrett II

El Cajon Chapter 7 Bankruptcy Attorney.

Contributor Level 16
  1. Can i be forced to sell my house for auto liablity

    Answered over 1 year ago.

    1. Carl H Starrett II
    2. Kelly Marie Resnick
    3. Derek R. Caldwell
    4. Scott Richard Kaufman
    5. Alison E. Cordova
    5 lawyer answers

    In order for a judgment creditor to be able to force the sale of your home, they would need to show the sale of the home would (1) be sufficient to pay off the liens with higher priority; (2) pay the entire homestead exemption to the debtor; (3) pay the costs of sale; and (4) pay money to the judgment creditor. At auction, you would be unlikely to get fair market value for the home and the costs of sale would be several thousand dollars. While possible, a forced sale is unlikely. Now...

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  2. Chapter 13 Bankruptcy: Filing Motion to Dismiss vs Trustee Dismissal

    Answered 6 months ago.

    1. Shaye Larkin
    2. Carl H Starrett II
    3. Stuart Gregory Steingraber
    4. Brett D Weiss
    5. Sally J Elkington
    6. ···
    6 lawyer answers

    Regardless of the method of dismissal, the case is over and the automatic stay is lifted. If the trustee files a motion to dismiss and you to not oppose it, the can on rare occasions put something in the order stating that you cannot refile for a certain period of time. This rare only done if the trustee requests it (i.e. if the trustee felt you were acting in bad faith). If you file a request for dismissal while after a creditor files a motion for relief form the automatic stay, you would...

    10 lawyers agreed with this answer

  3. I need to file bankruptcyand am wondering if it is advisable to use a Bankruptcy Preparer and not an Attorney ?

    Answered 9 months ago.

    1. Christopher Joseph Lauria
    2. Carl H Starrett II
    3. Jonathan David Leventhal
    4. Michael Raymond Daymude
    5. Joseph Ryan
    6. ···
    10 lawyer answers

    I completely agree with Mr. Lauria's response and will only add one specific example of of where a document preparer almost cost the debtors a LOT of money. A couple filed for Chapter 7 and used a "paralegal" instead of an attorney. The debtors did not claim any of their property as exempt in their bankruptcy petition on Schedule C. Rather than taking advantage of the situation and taking away their property, the Chapter 7 trustee advised them to seek legal counsel. I was able to file...

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  4. I owe 4k in property taxes. Can I discharge the taxes by filing for chapter 7 bankruptcy? Are these debts considered secured?

    Answered about 1 year ago.

    1. Carl H Starrett II
    2. Diane L Gruber
    3. Bruce Givner
    4. John P Corrigan
    5. J. Thomas Smith Ph.D.
    5 lawyer answers

    The taxes are a lien on your land and has priority over your mortgage. If you don't pay them, the county will eventually sell your home and the new owner will have you evicted.

    10 lawyers agreed with this answer

  5. Im planning on filing bankruptcy in southern california im filing on 704 but i came across a problem i have to vehicles that im

    Answered over 1 year ago.

    1. Brian Crozier Whitaker
    2. Carl H Starrett II
    3. Stuart Gregory Steingraber
    4. Michael Avanesian
    5. Dorothy G Bunce
    6. ···
    8 lawyer answers

    Exemptions protect equity in property. Using the 704 exemptions, you can only equity in one vehicle in the amount of $2725. A Chapter 7 trustee will only take property if it has nonexempt equity that can be used for the benefit of your creditors. The 703 exemptions are more popular because the unused portion of the homestead exemption can be used as a "wild card" to protect other property. And if you are sacred of losing something to a Chapter 7 trustee, you can always consider Chapter 13...

    10 lawyers agreed with this answer

  6. Homeowners Association Dues and Lien on residence discharged in Chapter 7 Bankruptcy ?

    Answered over 1 year ago.

    1. Dorothy G Bunce
    2. Michael Raymond Daymude
    3. Carl H Starrett II
    4. William James Waters
    5. John Edwin Hinden
    6. ···
    6 lawyer answers

    The personal liability for for the pre-petition HOA dues is discharge. If the HOA had a lien before you filed, the lien remains valid and you have to pay it to avoid foreclosure.

    10 lawyers agreed with this answer

  7. Are HOA debts dischargable that became due after I filed a Chapter 13 petition but BEFORE my conversion to a Chapter 7 case ?

    Answered over 1 year ago.

    1. Carl H Starrett II
    2. Carla Miller Handy
    3. Diane L Gruber
    4. Ryan Cullen Wood
    4 lawyer answers

    Under Section 348 of the Bankruptcy Code, the conversion means that all HOA dues prior to the conversion date are included and discharged. The HOA can only hold you personally liable for the post conversion dues. You remain liable until after the foreclosure sale. If the HOA presses the issue, see a local bankruptcy attorney about reopening the case to file a contempt action against the HOA.

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  8. How can I express gratitude to my lawyer who is helping me for free?

    Answered 9 months ago.

    1. Athina Karamanlis Powers
    2. Carl H Starrett II
    3. Aaron Scott Hill
    4. Michael Charles Doland
    5. Lee Alan Thompson
    5 lawyer answers

    Some of the nicest thank you notes I've ever received were from pro bono clients. A thank you note motivated me to do more pro bono work and was a sufficient gift for me.

    9 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. Can one spouse file for Bankruptcy in the State of California? What happens to dischargeable taxes if so?

    Answered 10 months ago.

    1. Brian Crozier Whitaker
    2. Carl H Starrett II
    3. Michael J Corbin
    3 lawyer answers

    If you file for bankruptcy and the taxes are dischargeable, your husband would still be personally liable for the taxes. The tax authority would not, however, be able to pursue any community property assets such as his wages to collect the taxes so long as you remained married. It rarely makes sense for only one spouse to file when there are significant joint debts owed. Please read my article on the topic at the link below. You should see a qualified bankruptcy attorney, preferably a...

    9 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. I filed bankruptcy chapter 7 four years ago. We are in debt again due to unemployment, can I file chapter 13?

    Answered over 1 year ago.

    1. Carl H Starrett II
    2. Brian Campbell Fenn
    3. David Lloyd Merrill
    4. Dorothy G Bunce
    5. Brad Francis Weil
    5 lawyer answers

    If it has been more than 4 years since the filing date of your Chapter 7 case, you are eligible for a discharge in a Chapter 13 case. You would make payments on your debts for a 3-5 year period and whatever is left over would be forgiven. Civil judgments can be dealt with in a Chapter 13. You should schedule a consultation with a local bankruptcy attorney to discuss if you qualify for a Chapter 13 bankruptcy.

    9 lawyers agreed with this answer

    1 person marked this answer as helpful