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Carl H Starrett II

Carl Starrett’s Answers

1,154 total


  • What does it mean when a trustee is willing to settle the objection and remove the hearing from the docket

    this is for a chapter 13

    Carl’s Answer

    When you file for Chapter 13 bankruptcy and propose a plan, the trustee is the voice for the unsecured creditors in your case. One of the trustee's jobs is to raise legal objections to your propose plan if he or she feels that it doesn't meet the statutory requirements. It sounds like the trustee is willing to reach a compromise with you on the objections and recommendation confirmation if you reach a settlement.

    The trustee might think you are spending too much or food or clothing. Or maybe the trustee thinks you re contributing too much to a 401(k). The trustee probably has a number in mind for a higher payment. You or your attorney should contact the trustee and see if a compromise can be achieved.

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  • Can the text in an email or words on the phone replace or supersede what's found in a purchase agreement? Big transaction

    Penske's sales dept asked me to sign a purchase agreement for several used trucks. They say if I sign, they'll get approval from the corp office to move them out of rental inventory and to terminals where I can do pre-purchase inspections. ...

    Carl’s Answer

    You have not provide enough information to get a proper answer. You need to take the contract to a local attorney that practices business and contracts law to look at the contract.

    Contracts often have something called an integration clause which declare the written contract the be the full and final agreement between the parties. This type of clause is often used to eliminate the possibility of someone later claiming that the terms of the deal were different. If your written has such a clause, you might have a problem. However, that is why you should have it reviewed by a local attorney.

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  • I filed a lawsuit on June 20th, 2013, and almost a month later it was sent to the Bankruptcy Court. If the lawsuit was going to

    If the lawsuit was going to be dismissed yesterday, can I file again in Federal Court using the same paperwork that I used the first time? Meaning, filing again rewriting the same as I did almost two years ago? Thanks.

    Carl’s Answer

    If you sued someone and they filed bankruptcy, the automatic stay stops the lawsuit. If the debt was discharged, then you are prohibited from any further efforts to collect the money owed. From what you describe, it sounds like the your lawsuit cannot be refiled without risking being in contempt of court.

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  • HOW MUCH COST TO SUE A BANK FOR FORCLOUSE IF IAM ALREADY OUT OF THE HOUSE

    I LOST MY HOUSE ON OCTOBER 2011. I WAS PAYING SOMEBODY TO HELP ME TO DO MODIFICATION . THEY DOESN'T GAVE THE OPPORTUNITY TO EVEN FISHING WITH THANT . I THING I HAD A WRONGFUL FORECLOSURE.

    Carl’s Answer

    Suing a bank for wrongful foreclosures can costs thousands or even tens of thousands of dollars, so think carefully before you do this. You haven't stated any facts that would support a wrongful foreclosure claim and it has been over 3 years since the foreclosure took place. You should consult with an attorney ASAP because time may be running out on the time to file claim.

    Also, have you considered the possibility that you might have a claim against the person or entity that was supposedly helping you with loan modification services?

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  • Can i keep my home filing a chapter 13

    Lost of income

    Carl’s Answer

    Getting caught up on mortgage payments is a common reason to file for Chapter 13 bankruptcy protect. You can take up to 5 years to make the payments. However, it is a complicated process and you need the guidance of an attorney to make sure it is the right option for you.

    You mention a lost of income and that is the biggest stumbling block. The bankruptcy judge cannot force the lender to make up the mortgage. You must also be the Chapter 13 payments. Someone filing for bankruptcy in April should be prepared to make both their May mortgage payment and their first Chapter 13 payment.

    An experienced Chapter 13 attorney will be able to tell you if a plan to save your home is feasible.

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  • What can I do now that I have been severed papers from a collection agency trying to sue me?

    I was just served papers from a collections agency about a repossession of a car that happened back in November 2011. I wanted to see if there is anything I can do to defend myself. Would it be possible to file bankruptcy and stop this collection ...

    Carl’s Answer

    Filing for bankruptcy would stop the collection lawsuit. However, filing for bankruptcy is not a simple process and you should consult with a local attorney to see if it is the right solution to your debt problems. Most debtor attorneys will give a free consultation.

    The other option is to file an answer with the court to dispute the allegations and hope that you can negotiate a settlement. You generally have 30 days from the date the process server delivered the papers to you to file the answer.

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  • What happened to the money we paid into Chapter 13 from 2009 to 2012 before we had to convert it to a chapter7?

    I cannot find what happened or where the money was sent. We paid over $20,000 into the chapter 13 before I got sick and lost my employment and we had to convert to a chapter 7. Who got this money?

    Carl’s Answer

    The money would have been paid to your creditors in accordance with the terms of your plan. The trustee mails out accounting statements annual during the life of your.

    After converting the case to Chapter 7, the trustee would have filed a final accounting with the court. If you didn't receive it, you can get a copy from the the court or your attorney.

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  • Dad passed 10 yrs ago - still on the deed of trust. Mom entering hospice care. How do we remove dad and add my brother?

    The house is paid and the deed is in both my parent's names. Dad passed 10 yrs ago. Mom is now entering hospice care and would like to remove my dad's name from the deed and add my brother's name. What are the steps we need to take to make this ha...

    Carl’s Answer

    I'm sorry about your mom's situation. You need an attorney specializes in wills, trusts and estate planning as soon as possible. Getting your dad off title and into the trust might be very simply...or very complicated depending on what planning was done before he died.

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  • If a business in Los Angeles, CA files a lawsuit on a business in Hayward, CA where will we need to appear in court?

    Will the court take place where the lawsuit was filed?

    Carl’s Answer

    The lawsuit will take place where it is filed unless the court grants a motion to change venue.

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  • Bankrupt case chapter 7 discharged 7/26/12 but a collection Agency is harassing me for an account that was included

    collection agency can collect on an account that was discharged? Can They do that? So they report that I never pay this account to the credit bureau as active in collection status? They will not return my calls or emails

    Carl’s Answer

    What you are describing sounds like a violation of the discharge order. Contact a local bankruptcy attorney to see if you have sufficient evidence to reopen the bankruptcy and pursue a contempt of court action against the creditor.

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