Carl H Starrett II’s Answers

Carl H Starrett II

El Cajon Chapter 7 Bankruptcy Attorney.

Contributor Level 16
  1. How much does experience play into proper representation?

    Answered almost 2 years ago.

    1. Michael Raymond Daymude
    2. Carl H Starrett II
    3. Robert John Murillo
    4. Craig Trent Byrnes
    5. Gary Stephen Brown
    6. ···
    6 lawyer answers

    While the number of years in practice can be an important factor, that only tells you how far they've been on the road and not how far they've travelled. What if the person who passed the bar exam in 2006 had decided to take it e off to write a book or travel? The newer attorney might actually have more experience. Heck, I tried my first case 6 months after I was admitted to practice. Ask the how many similar cases they've handled. How many trials? How many depositions? Ask if they have...

    8 lawyers agreed with this answer

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  2. When is a unsecured second lien stripped in chapter 13

    Answered almost 2 years 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.

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  3. Hi everyone! it has been 70th day today since the date of my 341 meeting and I still havent received any update about discharge

    Answered about 1 month ago.

    1. Brian Campbell Fenn
    2. Carl H Starrett II
    3. David M Lange
    4. Geva Baumer
    5. Kevin Samuel Sullivan
    6. ···
    7 lawyer answers

    Some courts take longer than others to enter the discharge. Did you take the second class in financial management and file the certificate of completion with the court? This is necessary to get your discharge. You also need to sign a declaration with the court certifying you took the class. If you filed the documents on time and there were no objections to you receive a discharge within the 60 days after your first meeting creditors, the court will eventually enter your discharge. I've...

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  4. 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 about 1 year 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.

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

    Answered about 1 year 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

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

    Answered about 1 year 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...

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  7. 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

  8. How to collect the judgement from a corporation?

    Answered about 2 years 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

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

    Answered over 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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  10. My attorney I just hired wants me to pay him thru a PayPal account to another persons name in another state ?

    Answered over 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?

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