Carl H Starrett II’s Answers

Carl H Starrett II

El Cajon Chapter 7 Bankruptcy Attorney.

Contributor Level 16
  1. When is a unsecured second lien stripped in chapter 13

    Answered over 1 year ago.

    1. Carl H Starrett II
    2. Brian Crozier Whitaker
    3. Justin Drayton Graham
    4. Gary D. Bollinger
    5. Paula Brown Sinclair
    6. ···
    6 lawyer answers

    In most bankruptcy courts, the lien is not permanently stripped until you complete the plan and get a discharge. You need not worry about the increase in property value. I woudl talk to you attorney about the feasibility of closing the plan out early.

    8 lawyers agreed with this answer

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  2. Due to missinformation from a Paralegal at my Attorneys office stating the value of my home is only 140,000 I filed Chapter 7

    Answered 8 months ago.

    1. Carl H Starrett II
    2. Gary Ray Fraley
    3. Scott Benjamin Riddle
    4. Gary D. Bollinger
    5. Matthew Scott Berkus
    6. ···
    6 lawyer answers

    You haven't provided enough information, but failing show up at the meeting of creditors won't necessarily guarantee dismissal of your case. Your could find your assets being sold off AND being denied a discharge. You need to meet with your attorney and discussed whether or not it would be possible to change your exemptions to protect more of the equity in your home. You also need to discuss whether or not conversion to a Chapter 13 is feasible.

    8 lawyers agreed with this answer

  3. CONSUMER RIGHTS and COSTCO WHOLESALE WAREHOUSE. How can a customer be kicked out after paying dues and receiving defective items

    Answered 10 months ago.

    1. Carl H Starrett II
    2. Scott Richard Kaufman
    3. Michael Charles Doland
    4. Kevin H. Pate
    4 lawyer answers

    They have the right to refuse service to you.

    8 lawyers agreed with this answer

  4. I am in a 5 year CH 13 plan. I will be getting more income this year. What happens now?

    Answered 11 months ago.

    1. Stuart Gregory Steingraber
    2. Carl H Starrett II
    3. Derek R. Caldwell
    4. Rex Tran
    4 lawyer answers

    The exact procedure will vary depending on the court. Down here in San Diego, the trustee would typically get the information about the pay increase and file a motion to modify the plan. The trustees have computer programs that allow them calculate the increase in payment and thus the corresponding increase in what goes to the unsecured creditors. It is up to the debtor or debtor's attorney to object to the requested for a modified plan if appropriate. You may may have had an increase on...

    8 lawyers agreed with this answer

  5. Chapter 7 tax question. If taxes are dischargeable, do I need to do anything Special in the petition to make that happen?

    Answered over 1 year ago.

    1. Carl H Starrett II
    2. Brian Crozier Whitaker
    3. Jeffrey Scott Hyslip
    3 lawyer answers

    The timing of your bankruptcy is the key. There several complex rules regarding the type of taxes and when they were do that govern whether a particular tax debt may be discharged in bankruptcy. You need to consult a local bankruptcy attorney on this issue. File your case too soon and you may end up being stuck with tax debt that could have been discharged.

    8 lawyers agreed with this answer

  6. How to collect the judgement from a corporation?

    Answered over 1 year ago.

    1. Michael Charles Doland
    2. Joshua Branden Swigart
    3. Justin C. Lowenthal
    4. Carl H Starrett II
    5. Richard Scott Lysle
    6. ···
    6 lawyer answers

    Here's an article I wrote on collecting small claims judgments in California: http://www.chs-law.com/2005/02/using-small-claims-court-part-ii.html.

    8 lawyers agreed with this answer

  7. Does Postponing/Rescheduling a Trustee's Sale Violate Automatic Stay Under Chapter 13 BK Filing?

    Answered about 1 year ago.

    1. Carl H Starrett II
    2. Brian Crozier Whitaker
    3. Stuart Gregory Steingraber
    3 lawyer answers

    Delaying the sale while they monitor the bankruptcy is specifically allowed under case in the 9th Circuit, which includes California. it is pretty common for people filing a "barebones" bankruptcy to stop a foreclosure only to see it dismissed later. You are wise to monitor the foreclosure date. Make sure you keep current on your payments and provides all documents needed by the trustee to avoid dismissal.

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  8. My attorney I just hired wants me to pay him thru a PayPal account to another persons name in another state ?

    Answered about 1 year ago.

    1. Carl H Starrett II
    2. Robert Harlan Stempler
    3. Susan J Dodds
    4. Gary D. Bollinger
    4 lawyer answers

    Well that's certainly a new one. I've accepted payments via PayPal before, but i sure wouldn't have a client send them to a person in another state. Are you sure the person is really attorney? Did you check them out to on the website for the California State Bar?

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. Do I need to reopen BK?

    Answered over 1 year ago.

    1. Carl H Starrett II
    2. Matthew Michael Loker
    3. Eric Jerome Gold
    3 lawyer answers

    A bankruptcy discharge removes the personal liability for the debt, but it does not automatically remove judgment liens. If the judgment lien impairs an exemption, you can file a motion under section 522(f) of the bankruptcy code to remove the lien. Suppose you own a home worth $200,000 and your mortgage is 180,000. If you have a $10,000 judgment lien on the house, that interferes with your homestead exemption and you can remove it by filing the 522(f) lien avoidance motion. Unfortunately,...

    7 lawyers agreed with this answer

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  10. I filed chapter 7 in illinois last week, will I get my full tax refund back when I file taxes?

    Answered 8 months ago.

    1. Karen Jackson Porter
    2. Charles E. Glanzer Jr.
    3. Carl H Starrett II
    4. Christine B. Adams
    5. Judy A. Goldstein
    6. ···
    8 lawyer answers

    The tax refund is an asset that you must list in your bankruptcy papers. In order to keep it, you must claim it as exempt on Schedule C. Only an attorney familiar with you situation and the exemption laws available to you an answer your question about whether you have any available exemption protection money to keep the refund. Mr. Riddle is spot on when he says it will cost far less than the $5000 you stand to lose to hire an attorney to answer this question.

    9 lawyers agreed with this answer