Carl H Starrett II’s Answers

Carl H Starrett II

El Cajon Chapter 7 Bankruptcy Attorney.

Contributor Level 16
  1. I am being sued over a contested credit card dispute that was found in my favor by the credit card company, what should I do?

    Answered 9 months ago.

    1. Carl H Starrett II
    2. Christine B. Adams
    3. Samuel Cohen
    3 lawyer answers

    You may feel that you don't owe it and your credit card company may agree with you, but those decisions are not binding on FedEx, the exporter or a court of law. They have the right to try and prove that you are responsible for the charges. You might try sending the same certified letter to the attorney to see you can convince them to go away. You can try to represent yourself, but this can be difficult. Be mindful of any court deadlines to file a response to the lawsuit and don't let...

    9 lawyers agreed with this answer

  2. Should I repay my 401k loan before I file a chapter 13 bankruptcy?

    Answered 10 months ago.

    1. Dorothy G Bunce
    2. Carl H Starrett II
    3. Christine B. Adams
    4. Michael Glynn Busby Jr.
    5. Susan Brake
    6. ···
    8 lawyer answers

    As a general rule, the court will allow you pay off your 401(k) loan while in Chapter 13. Once your is repaid, you will generally be required to increase your plan payment. In some jurisdictions, ongoing 401(k) investments might be disallowed.

    9 lawyers agreed with this answer

  3. Do I need to answer an objection to confirmation?

    Answered over 1 year ago.

    1. Carl H Starrett II
    2. Michael Avanesian
    3. Michael J Corbin
    4. Michael Glynn Busby Jr.
    4 lawyer answers

    You need to contact a local bankruptcy attorney for help. The exact procedures to address an objection to confirmation vary depending on the jurisdiction. Where I practice, failing to file a written response to an objection could be deemed an admission that the objection is valid and this could result in denial of confirmation and dismissal. An attorney can also help you determine if your response to the motion for relief from stay is legally sufficient. Filing Chapter 13 without the...

    9 lawyers agreed with this answer

  4. Dear Attnys: My home is beginning it' foreclosure process at this time. My question is: could the bank take my social security.

    Answered over 1 year ago.

    1. Carl H Starrett II
    2. Lawrence John Gibney Jr.
    3. Jacqueline Alicia Salcines
    4. John Kevin Griffin
    5. Lyle Brian Masnikoff
    5 lawyer answers

    No. Social Security and veteran's benefits are exempt from being used to collect on a deficiency judgment. Check out the link below.

    9 lawyers agreed with this answer

  5. Me and my exhusband owe 300.00.00 in back taxes can we file bankruptcy?

    Answered over 1 year ago.

    1. Carl H Starrett II
    2. Florita Welsh
    3. Kathryn Ursula Tokarska
    4. Patricia Beary
    4 lawyer answers

    There are very specific rules that apply to getting rid of income tax debt in bankruptcy. Your question is very fact intensive and cannot be properly answered here. Make an appointment with a local attorney to review your situation to see if the tax debt is dischargeable.

    9 lawyers agreed with this answer

  6. My husband is the defendant in a civil suit. Can I go in his place?

    Answered 3 months ago.

    1. Carl H Starrett II
    2. Robert Harlan Stempler
    3. Richard Glenn Elie
    4. Kevin Samuel Sullivan
    4 lawyer answers

    No. Your husband can represent himself or he can hire an attorney. You attending on his behalf would be the unauthorized practice of law. Some courts use a service called CourtCall that allows parties to appear by telephone for some court hearings. Contact the court clerk about other options for your husband to attend court hearings via telephone.

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  7. I'm the co-borrower on a 2nd loan. if borrower filed ch13 bankruptcy & got a lien strip order will the lien exist until I file?

    Answered 9 months ago.

    1. Carl H Starrett II
    2. Dwayne M Farnsworth
    3. Stephen L. Burton
    4. Gary D. Bollinger
    4 lawyer answers

    You do not specify whether or not you are on title to the house. If you are are on both the loan and the title, the general consensus among the NACBA members in San Diego is that all owners on title must file a Chapter 13 in order to get the lien completely stripped. I know that Judge Taylor has expressed that opinion in an oral ruling from the bench. She is only one judge, but she is also the chief judge for our district and also serves on the 9th. Circuit BAP. Now if you weren't on title...

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  8. I didnt respond to motion for relief of stay in ch 13 because client never gave me proof, am i liable for the loss of her house?

    Answered 12 months ago.

    1. Carl H Starrett II
    2. Jonathan David Leventhal
    3. Edward Thomas Weber
    4. Michael Raymond Daymude
    4 lawyer answers

    Unless you substituted out of the case, your duties are government by the rights and responsibilities agreement and you had at least some duty to respond. Take a look at item 16 of this link: http://www.cacb.uscourts.gov/sites/cacb/files/documents/forms/F3015-1.7RARA.pdf. You also cannot demand an additional retainer from the debtor, but you can make a fee application to the court. If the debtor wasn't cooperating, you should have gotten out of the case or at least filed some sort of...

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  9. What should I expect in a Status Conference in a Chapter 7 adversary hearing?

    Answered about 1 year ago.

    1. Carl H Starrett II
    2. Stuart Gregory Steingraber
    3. Dorothy G Bunce
    4. David Eli Larson
    4 lawyer answers

    Judges tend to approach these differently, so it really depends on the judge. The judge might discuss the status of discovery, ask if you want to go to mediation or set dates like the trial and discovery cut off. More often than not, the judge might set a continued hearing to monitor the case progress. I recommend hiring an attorney because an experienced attorney might be familiar with the judge and know his or her expectations. Or you might call the judges clerk or check the court's...

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  10. How can you confirm whether a debt was actually discharged in your chapter 13 case?

    Answered 24 days ago.

    1. Carl H Starrett II
    2. Gabriel John Waddell
    3. Dane L Hines
    4. Richard D. Granvold
    5. Shelley Ann Elder
    6. ···
    6 lawyer answers

    Unless specifically needed, the bankruptcy court usually doesn't issue specific findings on whether or not particular debts are discharges. The general rule is that most debts that were properly listed in your bankruptcy petition will be discharged upon the court entering the discharge. Not all debts are discharged and most of the exceptions are spelling out in Sections 523 and 1328 of the Bankruptcy Code. if the creditor is insisting that their debt was not discharged, the first thing to...

    7 lawyers agreed with this answer