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Carl H Starrett II

Carl Starrett’s Answers

1,154 total


  • 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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  • Due to a med. disability and lack of money, I am not able to pay my credit cards. Is it better to file BK or try debt relief?

    I have talked to National Debt Relief and they want me to pay them $397.35 per month for 30 months. Total debt is $15,550. Even paying them $397.35 is a problem. Their fee is $3875. Would filing chapter 7 BK for medical problems (certified by ...

    Carl’s Answer

    You should at least talk to a local bankruptcy attorney to see if Chapter 7 bankruptcy is an option for you. It sounds like you might qualify for Chapter 7, but you need an attorney to review your situation to see if you would lose anything that you own.

    A Chapter 7 bankruptcy would probably be at least $1000 cheaper than than the fees for your debt settlement program. If you qualify for Chapter 7, which generally costs less than debt settlement and doesn't involve monthly payments to creditors, why wouldn't you choose Chapter 7.

    Even Chapter 13 would probably be better for you. See the link below to a blog article I wrote.

    You definitely need a consultation with a local attorney to explore this further with you.

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  • Can I sue my employer for breach of privacy?

    Hello, I am an employee of a large healthcare provider system. My healthcare insurance is through a third party and allows me to see anyone within my employer's provider system. Last month, I was diagnosed with insomnia, and my doctor signed pa...

    Carl’s Answer

    You doctor may have inadvertently sent the paper to your employer. It doesn't sounds like you have sufficient damages to warrant filing a lawsuit.

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  • Can I get reimbursed for lost wages in small claims suit for time lost from work

    paid rent for April the next day put my 30 day noticed in moved to AZ looking to get back a portion of rent back because I feel that the room already been rented.

    Carl’s Answer

    You generally cannot get paid for time off from work to go to court for a small claims action.

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  • Can a truck be legally defined as a passenger vehicle? Im having a conflict with a vehicle auction company.

    The auction company has a 2 day cancellation policy that states "this cancellation option applies only to passenger vehicles purchased for personal or household use." They say the truck is not a "passenger vehicle" even though every definition i c...

    Carl’s Answer

    Regardless of how you intended to use it, a truck isn't a passenger vehicle under California law for most purposes. For example, the DMV assumes that all trucks are commercial vehicles and you must therefore pay the higher fee for commercial plates.

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  • How do I press charges against creditors keep harassing me

    They said that I applied for a loan online, but I never apply for anything online, but I have to tell them twice a day to stop calling my phone, but their still calling

    Carl’s Answer

    I would consider calling a local attorney for consultation on whether or not you have a claim under the federal Fair Debt Collection Practices Act, this type of operation is usually a scam. They will illegally threaten with you arrest and of often use fake phone numbers. if your attorney can't track them down, you might just need to block their phone number and not answer their calls. See my article below for more information.

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  • Is it (negligent) if an accident lawyer does not inform the BK court/trustee a year later 9 days before BK discharge date . Cont

    And if not negligent what would you call it ?

    Carl’s Answer

    You question is confusing and unclear. Are you person in bankruptcy? What information was the injury attorney supposed to reveal? Do you have a bankruptcy attorney?

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  • Taxes

    We are in a confirmed Chapter 13 and only have a few months left in our plan. We received a letter from our Trustee indicating that we would be able to keep the first $1500 for 2014 tax year. We have always given any refund to the Trustee. I ...

    Carl’s Answer

    Completed a Chapter 13 plan is difficult, so congratulations on being so close to the finished line!

    When the court approved your plan, you agreed to pay enough into the plan to either pay a percentage of the claims filed or to pay in specified pot of money. Either way, it Chapter 13 trustee's job to make sure that you make all your plan payments and the trustee then pays the creditors. When the trustee believed the job is done, he or she will file an accounting with the court that will be sent out to the creditors. If a creditor disagrees with the accounting, they can bring this to the court's attention. There plenty of safeguards to make sure you paid enough into the case.

    if you wanted to be cautious, you could set the money aside until the case is over. That way, you have the money if the trustee made a mistake. I would talk this over with your attorney to be sure.

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