Carl H Starrett II’s Answers

Carl H Starrett II

El Cajon Chapter 7 Bankruptcy Attorney.

Contributor Level 16
  1. I filed chapter 7 in illinois last week, will I get my full tax refund back when I file taxes?

    Answered 11 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

  2. 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 about 1 year 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...

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

    Answered about 1 year 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.

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  4. 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

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

    Answered almost 2 years 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

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

    Answered almost 2 years 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

  7. We are inheriting 25% of family home, we are in midst of short sale, but may foreclose & do BK instead. Can we retain our 25%?

    Answered 5 months ago.

    1. Carl H Starrett II
    2. Mehran Ron Chini
    3. Stuart Gregory Steingraber
    4. Sandra A Kuhn Esq.
    4 lawyer answers

    You need to consult with a local bankruptcy attorney to see if you can keep any of the inheritance. When someone files for bankruptcy in California, there are 2 sets of exemption laws that they can choose from to protect your property. Exemptions are what property you allowed to keep while filing for bankruptcy. Only an attorney completely familiar with your financial situation can properly advise you on which set of exemptions to choose and whether you can fully or partially protect the...

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

    Answered 7 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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  9. 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 about 1 year 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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  10. 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 over 1 year 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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