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Carl H Starrett II

Carl Starrett’s Answers

1,160 total


  • How long do I need my BK attorney?

    I wrote an stipulation judgement with the debtor in BK court, which says that he is going to pay some of his debt in 5 years during BK and the rest of it after BK. The document is also signed by the BK judge. The debtor has started paying in BK, s...

    Carl’s Answer

    Things go wrong in Chapter 13 bankruptcy cases all the time. The main advantages of having an attorney at this point in time is that prompt notifications of any problems if there are any documents filed with the court and the experience of knowing how to deal with the problem.

    If you are an individual, you are not legally required to have any attorney. If you dismiss the current attorney you can always hire another one or bring the current one back into the case if there is a problem.

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  • Riverside County Child Support service performed a sub service on me by serving my father that is suffering from several illness

    Is this considered proper service of documents?

    Carl’s Answer

    Nothing in your description would indicate that service was invalid.

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  • Writ of execution and then Wage garnishment issued for original judgment (costs only ) not taxed costs as ordered by court

    Lost a civil case (unlimited civil) - defendant requested costs which were taxed and substantially reduced by court. Defendant obtained writ of execution for full amount of original judgment then obtained wage garnishment. How do I get the cour...

    Carl’s Answer

    If opposing counsel won't enter into a stipulation reducing the amount of the writ, you'll want to bring a motion to quash the writ.

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  • Ups sent a package containing legal papers from appellate court. signed for but that person denies it. ups tracking shows it

    this person is the secretary of the person im suing for conversion of all my property. the mailing address is such ,because i lived on the property. US postal wouldnt forward my mail as it is a business address.This person has my phone number and ...

    Carl’s Answer

    So what is your question? What you want is unclear.

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  • Would it be okay to obtain a lawyer if I feel I did not recieve proper treatment at a dental office?

    Last Thursday I went to a new dentist "Clairemont Smiles Dentistry" and I feel like there were a couple of illegal things done that I am not sure if it would make a difference to bring it up to the board of dentistry or to obtain a lawyer?

    Carl’s Answer

    You can always consult with a local attorney, but it is unclear what you feel was "illegal" about how you were treated. There are attorneys who handle dental and medical malpractice cases that might offer a free consultation.

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  • Architect considering switching from sole proprietor to S-Corp

    I am a sole proprietor and Architect. I currently hold professional liability insurance. What Is the advantage of switching to an S-Corp here in CA? Is it further protection of my personal assets? If so, how? What other advantages are there? BTW- ...

    Carl’s Answer

    There are 2 primarily reasons small business owners incorporate First, there can be tax advantages to doing business as a corporation. You should consult a CPA to see if there any tax savings you can realize by forming a new entity. The second primary reason is personal asset protection...and attorneys can oversell personal asset protection.

    Shareholders are generally not liable for the debts of the corporation, but there are exception to the rule. You can waive the asset protection by signing a personal guarantee. Or you can be responsible for your own negligence or other actions. For example, negligently designing a building means that you might be personally responsible for your owner actions, incorporate or not.

    Avoid signing personal guarantees if possible and maintain insurance. Those are the best way to keep the personal asset protection.

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  • My Chapter 7 Bankruptcy was discharged in January 2014, but I am still waiting for it to actually close.

    Is it common for the chapter 7 process to be drawn out over a long period of time? Our bankruptcy was discharged in January 2014, but we had an issue with our homestead and after almost 2 years, we still don't know where we stand. Our trustee ha...

    Carl’s Answer

    Perhaps your attorney didn't do the best job explaining how bankruptcy works, but I strongly disagree with my colleagues that have suggested complaining to the State Bar. The attorney's job seems to be complete now that you have your discharge.

    A bankruptcy will not close until all assets have been administered (sold and money paid to creditors). The fact that your Chapter 7 trustee hired an accountant indicates to me that your case had assets. It can take YEARS for the trustee to sell the assets and paid creditors. I had one case of my remain open for over 5 years.

    Most Chapter 7 cases in San Diego have no assets and close about 9 weeks after the meeting of creditors. You case will remain open a while longer and amount of time is in the hands of the trustee. Your attorney will likely have no way of know how long this process will take.

    The most important that is that you have your discharge and most debts are forgiven.

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  • I objected to discovery requests on privacy grounds. The other side filed a motion to compel and their argument

    is that I have failed to provide adequate evidence showing consideration was given for a promissory note. Does the absence of evidence make the information sought directly relevant to defeat a privacy objection?

    Carl’s Answer

    You have't provided enough information to determine if you have a valid objection. The scope of discovery is very broad and a privacy objection will rarely apply in a a lawsuit about a promissory note.

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  • Looking to see if I need to retain a lawyer

    iam willing to retain a lawyer for a foreclosure defense, the judge has violated my due process in a civil suit and even the judge asserted in the courts when the other party was delinquent in discovery by almost 6 months, the judge said that it i...

    Carl’s Answer

    The judge hasn't violated your due process rights. He was simply telling your most attorneys already know: (1) people who don't have an attorney are almost always at a disadvantage; and (2) even with attorney, foreclosure cases are hard for a homeowner to win.

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  • Can I sell stock that I have during a Chapter 13? Can I transfer ownership of the stocks during a Chapter 13?

    I am in a Chapter 13 currently and RSU stocks that my company gave me have vested. Can I cash them in? What about transferring ownership?

    Carl’s Answer

    You need to speak your attorney because it really depends on the terms for the confirmation and the terms of the plan. Chapter 13 plans vary a lot form court to court, so the answer I would give my clients in Southern California could be different than the answer for your area. You might be able to sell the stock and keep the proceeds. Or you might need to turn the proceeds over to the trustee as a payment.

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