Carl H Starrett II’s Answers

Carl H Starrett II

El Cajon Chapter 7 Bankruptcy Attorney.

Contributor Level 16
  1. I filed bankruptcy chapter 7 four years ago. We are in debt again due to unemployment, can I file chapter 13?

    Answered about 2 years 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

  2. Will my checking account be frozen when I file chapter 7 bankruptcy ?

    Answered 6 months ago.

    1. Carl H Starrett II
    2. Shelley Ann Elder
    3. Richard Glenn Elie
    4. David J Kelly
    5. James W. Zerillo
    6. ···
    6 lawyer answers

    The banks that I know that will freeze your account are Wells Fargo and Union Bank. Some local credit unions will do so as well. I tell my clients considering bankruptcy to avoid banking with Wells Fargo, Union Bank and any institution where they owe money. However, most banks don't care. Mention this concern to you attorney before file as they might know more about the banks in your area and what they might do.

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  3. I filed a Chap.13 with my now ex-husband in 2008 but it was dismissed later that year for nonpayment. Can I now file a Chapter 7

    Answered over 1 year ago.

    1. Daniel Dwight Bowen
    2. Carl H Starrett II
    3. Kathryn Ursula Tokarska
    4. Brian James Russell
    5. Daniel J. Winter
    6. ···
    6 lawyer answers

    If your Chapter 13 was dismissed without a discharge and you haven't filed any other bankruptcy cases since then in which you received a discharge, you would be eligible for relief under Chapter 7. However, you still need to meet with an attorney to determine if you actually qualify for Chapter 7.

    11 lawyers agreed with this answer

  4. How long does it take to get a bankruptcy discharged ?

    Answered 7 months ago.

    1. Carl H Starrett II
    2. Eric D Ridley
    3. Dorothy G Bunce
    4. Mark Markus
    4 lawyer answers

    If day 60 falls on a weekend, creditors have until midnight on Monday to file legal objections to your bankruptcy. If they deadline passed and nobody objects to you receive a discharge, then the court will enter in shortly thereafter. Some courts are faster than others and it depends on staffing and funding levels. In San Diego, the discharge might be entered by Tuesday evening. In Riverside, the discharge might take a month or more. Just be patient and it will happen soon enough.

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  5. My income is above the median income in my area, Can I still qualify for a Chapter 7 Bankruptcy?

    Answered over 1 year ago.

    1. Brian Crozier Whitaker
    2. Carl H Starrett II
    3. Stuart Gregory Steingraber
    4. Anil Bhartia
    5. Myron Wayne Tucker
    6. ···
    8 lawyer answers

    Your question is impossible to answer without seeing your documentation. Your deductions could be wrong or you could have made some other mistake. Or the attorney could be wrong, but that is the person you should be asking. If you "pass" the means and only have a $100 per month surplus in your budget on Schedule J, you will qualify for Chapter 7 99% of the time. You can always get a second opinion.

    9 lawyers agreed with this answer

  6. I received chapter 7 discharge in 2011 in May..received letter 3 weeks ago from IRS that i owe 3,500 for 2011..would my BK count

    Answered over 1 year ago.

    1. Carl H Starrett II
    2. Jonathan David Leventhal
    3. Dorothy G Bunce
    4. Diane L Gruber
    5. Robert Michael Fox
    5 lawyer answers

    The tax debt is too recent to be covered by your bankruptcy. If you had income taxes due from 2007 or earlier, some of those might be covered if you meet certain other criteria but you are on the hook for the 2011 taxes.

    9 lawyers agreed with this answer

  7. "Challenging a non-judicial foreclosure proceeding in a Chapter 7 Bankruptcy successfully"

    Answered about 2 years ago.

    1. Carl H Starrett II
    2. Hermin A. Dowe
    3. Paula Brown Sinclair
    4. Brian Crozier Whitaker
    5. Gary D. Bollinger
    5 lawyer answers

    The bankruptcy court is not the proper forum to litigate this matter. You need to file a lawsuit in state court to challenge the validity of the mortgage.

    9 lawyers agreed with this answer

  8. I want to sell my share of a busness back to my partner. As a non-lawye, can I copy and paste an existing document?

    Answered about 2 years ago.

    1. Michael Charles Doland
    2. Andrew Kevin Jacobson
    3. Carl H Starrett II
    4. Michael Iljun Kim
    5. Dariush G. Adli
    5 lawyer answers

    You can always represent yourself, but you cannot represent others.

    9 lawyers agreed with this answer

  9. Why is it taking so long for my Bankruptcy to get started and I paid all my money and filed all the papers required.

    Answered about 2 years ago.

    1. Brian Campbell Fenn
    2. Carl H Starrett II
    3. Tai Christopher Bogan
    4. Gary Ray Fraley
    5. Dorothy G Bunce
    5 lawyer answers

    My colleague Mr. Fenn is correct. Morgan Drexen is a debt settlement company, not a law firm. I would contact a local bankruptcy attorney and see about getting your money back.

    9 lawyers agreed with this answer

  10. If i owe 1500 on a car that's worth maybe 7000 and I file for chapter 7 will I get to keep the car if I'm unemployed ?

    Answered about 1 year ago.

    1. Carl H Starrett II
    2. Stuart Gregory Steingraber
    3. Lauren Ann Rode
    4. Dorothy G Bunce
    5. Robert J Adams Jr.
    5 lawyer answers

    With the proper planning, you should be able to keep your car and probably the tools. However, you should hire an experienced attorney to explain this things in more detail. Also, living off your credit cards while knowing you are going to file for bankruptcy could in the denial of a discharge of some of your debts.

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