John Clayton Colwell’s Answers

John Clayton Colwell

San Diego Chapter 7 Bankruptcy Attorney.

Contributor Level 8
  1. I had an attorney tell me chapter 13 would cost $3500 in filing fees which were set by the state (CA). Is this true?

    Answered over 2 years ago.

    1. John Clayton Colwell
    2. Peter Walter Weston
    3. Derek R. Caldwell
    4. Deborah F Bowinski
    5. Robert A. Stumpf
    6. ···
    6 lawyer answers

    In addition to the other answers from participating attorneys, I actually have an office in Vista, CA, so I felt I should chime in. In San Diego County, Ch. 13 attorneys can agree to the 'no look' or 'presumptive' reasonable attorneys fees to be paid for servicing the case over the projected 3 to 5 years. In San Diego, for a consumer case (as opposed to a small business case), the presumptive fee is currently $3300. This amount is set or approved by our Court, and it is set to increase on 8/24/...

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  2. My lawyer is not filing the order to dismiss my chapter 13 bk after the motion to dismiss has been filed at my request ? 2 do?

    Answered over 2 years ago.

    1. Matthew Erik Johnson
    2. Alan D. Walton
    3. Jeff Adrian Biddle
    4. John Clayton Colwell
    4 lawyer answers

    Your comment about your wages being withheld tells me you have a wage order in place by the Ch. 13 Trustee. Your attorney failing to submit the order suggests to me that there are remaining fees owing on your case, and but for the wage order, will not be paid. I'd like to be wrong, but that is what I see, reading between the lines. The prior answers here are all correct. My own thought before reading the answers was also to see if you can get a form dismissal order to file yourself, since the...

    6 lawyers agreed with this answer

  3. Can I have payments made on a title loan apply to the current balance in a Chapter 13 BK?

    Answered over 2 years ago.

    1. Dorothy G Bunce
    2. Robert A. Stumpf
    3. Geoffrey Marc Khotim
    4. Matthew Erik Johnson
    5. John Clayton Colwell
    5 lawyer answers

    I have an office in Vista, CA so I figured I should chime in. As suggested by others, you can likely cram down the loan to the value of the vehicle. Keep in mind, however, that your definition of value and the car creditors definition of value, may not be the same figure. Some creditors are aggressive about the final number, some are not. Put another way, value, in this context, is fungible. As far as getting a new loan during an open Ch. 13, that is very difficult to achieve, as most new...

    3 lawyers agreed with this answer

  4. What will happen to my Heloc after I get a dischaged from a chapter 7 filing

    Answered about 3 years ago.

    1. Marco Antonio Torres
    2. John Clayton Colwell
    3. John Gerth Merna
    4. Gary D. Bollinger
    4 lawyer answers

    The option to try and settle with the 2d TD holder may be best, if they are agreeable, and you have monies to pay them off. The suggestions to convert to Ch. 13 are also possibly valid, although you may not find that option to be best, given your personal circumstances re: other debt obligations and total amount of debt being discharged. In San Diego County, you should know that filing a Ch. 13 after the Ch. 7, well, within 4 years of the Ch. 7, may or may not result in an option to lien...

    2 lawyers agreed with this answer

  5. Do I have to include student loan debt in a chapter 13? If I do, i will be over the 336,000 $ limit for chapter 13.

    Answered almost 5 years ago.

    1. John Clayton Colwell
    2. Christopher Ronald Bush
    3. Stanley Duane Lockhart
    3 lawyer answers

    Keep in mind that the debt limits in Ch. 13 are expected to increase on 4/1/10, no April fools. You should seek the assistance of counsel to 'check the math', and determine the best course of action.

    1 lawyer agreed with this answer

  6. Once bankruptcy proceedings are begun, is one allowed to change their mind and stop the proceedings?

    Answered about 3 years ago.

    1. John Clayton Colwell
    2. Mitchell Paul Goldstein
    3. Eric Charles Lewis
    4. Dorothy G Bunce
    4 lawyer answers

    In Ch. 13, you are most likely able to dismiss the case on your motion. There are caveats, however. For instance, one would want to examine carefully if this is a good strategy where a stay relief motion had already been filed in your case. You might find a bar to re filing any kind of bankruptcy for 6 months. Additionally, it used to be true that you had an absolute right to dismiss in Ch. 13. That 'absolute' right is probably still correct for say 98% of the cases, but a recent U.S. Supreme...

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  7. I received a Motion of Releif from Stay I have made all of my payments to the Trustee? Did he not pay the debtors?

    Answered almost 4 years ago.

    1. John Clayton Colwell
    2. Eric Charles Lewis
    3. Theodore Lyons Araujo
    4. Dorothy G Bunce
    4 lawyer answers

    There is a national database of all Ch. 13 cases filed, so you could go to that site to research the 'status' of the funds paid in and whether or if the Ch. 13 Trustee has sent out your plan payments. There are a number of variables here, so it is difficult to say exactly what is going on without more information. Is the car excluded, was it left off the plan in error, are the attorney fees paid, are there adequate protection payments being made, is the plan confirmed? These are a few of the...

    1 person marked this answer as helpful

  8. Filed bankruptcy chapter 7, got discharged

    Answered almost 4 years ago.

    1. John Clayton Colwell
    2. Harley Aaron Feinstein
    3. Dorothy G Bunce
    3 lawyer answers

    Some suggest that a short sale, instead of a foreclosure, 'looks' better on the credit report. I'm not so sure about that assessment, but I suppose it is possible. I think the intervening discharge by way of the Ch. 7 affords the 'fresh start', even with a subsequent foreclosure on the books. Reasonable minds might differ, and some might push for the short sale to not have the added foreclosure showing on the credit report. John C. Colwell Attorney, San Diego, CA

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  9. I received a Request for Special Notice from my mortgage lender yesterday. What does this mean and should I be worried ?

    Answered about 4 years ago.

    1. John Clayton Colwell
    2. Dorothy G Bunce
    3. Mitchell Paul Goldstein
    3 lawyer answers

    You probably should not be worried. An exception would be if you file any further documents in your case, or your attorney files any documents in your case, then, you may be required to serve copies of those supplemental documents upon the person filing the special notice request. Generally, though, as others have answered, the special notice lets the court clerk know to add the person on the master mailing matrix, so that they will also receive notices generated by the court, as well. John...

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  10. Once a chapter 7 bankruptcy petition is filed, how long till creditors are notified?

    Answered about 5 years ago.

    1. Matthew Edward Williamson
    2. John Clayton Colwell
    3. Kathryn Ursula Tokarska
    3 lawyer answers

    Notices of Bankruptcy are sent out by the Court, in most jurisdictions. Here in San Diego, our Bankruptcy Court uses the BNC or Bankruptcy Noticing Center. When the case is filed, the notice of the bankruptcy along with the notice of the 341a meeting of creditors is sent by the BNC. The hearing is normally about 30 days after the filing, so the notice goes out, as answered previously, about 1 week after the filing, for receipt by all parties within 2 weeks, on average. Our office will call and...

    1 person marked this answer as helpful