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Carl H Starrett II

Carl Starrett’s Answers

1,162 total


  • 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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  • Can I make a demand for payment to an auctioneer after foreclosure?

    There was a property sold at auction for a price that was enough to create a surplus after the 1st note was paid. The holder of the 2nd owes me a sum of money and, although they are willing to pay upon receipt of the funds, they also will agree to...

    Carl’s Answer

    There is a process, but it would very costly and time consuming if the 2nd. mortgage holder won't consent to the release of funds directly to you. You would need to file a lawsuit, get a judgment and file a motion for a judgment lien on the proceeds. It is possible, but long and expensive.

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  • Is bankruptcy our best choice?

    We are currently behind on our mortgage and being threatened with foreclosure. All of our other debt is current and paid. We have filed 4 mortgage modifications with no help from the mortgage company. Do to the loss of a business and a back injur...

    Carl’s Answer

    I agree with Mr. Lutz in that you need to see a local bankruptcy attorney to see if you have bankruptcy can help you. Your matter is very complex and the answer isn't that simple.

    For example, Chapter 13 bankruptcy might allow you to get caught up on the payments over a 5-year period. However, the bankruptcy court cannot force the lender to modify your loan. If you have a $3000 monthly mortgage payment and could only afford a $2000 payment, bankruptcy might not help you.

    If you have a predatory loan, you might have remedies under differently laws. However, that's why you need to see a local attorney for more information.

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