Raymond Schimmel’s Answers

Raymond Schimmel

San Diego Bankruptcy Attorney.

Contributor Level 8
  1. Filing for bankruptcy but also have a pending court hearing over a cc debt. Necessary to show up to court?

    Answered 3 months ago.

    1. Raymond Schimmel
    2. David John Rausa
    3. Mengjun Qiu
    4. Waymon S. Harrell
    5. Evan Llewellyn Smith
    5 lawyer answers

    Hopefully you have a bankruptcy attorney to advise and help you with your case. To answer your question, as soon as your bankruptcy case is filed, a notice of stay of proceedings should be filed with the court. This is accomplished by filing California Judicial Counsel form CM - 180 and attaching a copy of your bankruptcy notice. In the interim you should appear at the readiness conference and ask for a short continuance because you are contemplating bankruptcy. If you do not appear a...

    Selected as best answer

  2. Ch 7 bankruptcy CCCP § 704.010

    Answered 3 months ago.

    1. Brian Hansen Turner
    2. Maureen Andrea Enmark
    3. Raymond Schimmel
    4. Stuart Gregory Steingraber
    5. Benjamin Richard Heston
    5 lawyer answers

    The last do it yourself bankruptcy filer I talked to got their Wells Fargo bank account froze and couldn't pay their rent or an attorney to help fix their case. Even with a simple case, there are many traps for the unwary. My advice is hire an attorney.

    9 lawyers agreed with this answer

  3. Will chapter 13 bankruptcy get my license reinstated for tickets I have in collections for expired tags a seatbelt ticket and 2

    Answered 26 days ago.

    1. Janet Gutierrez
    2. Raymond Schimmel
    3. Robert Parkinson Taylor
    4. Larry Lex Johnston
    5. Madhu Kalra
    6. ···
    6 lawyer answers

    With respect to my out of state colleagues, I don't know what Massachusetts or other states do, but the California DMV will not reinstate a drivers license over unpaid fines unless the court specifically orders it. The California DMV will reinstate a license over an unpaid civil judgment where the debtor files bankruptcy however. Sometimes the court that issued the fine will allow the defendant to satisfy a monetary fine with community service.

    8 lawyers agreed with this answer

  4. I am thinking about filing for chapter 13 because I got a big debt that was considered non dischargeable in a previous Chap. 7

    Answered about 1 month ago.

    1. Cindy Lee Hill
    2. Raymond Schimmel
    3. Charles Harold Shepard Jr.
    4. David John Rausa
    5. Susan J Dodds
    6. ···
    7 lawyer answers

    Since there is no equity in your residence the judgment lien is unsecured. Yes the arrears on your mortgage would be paid first and only your disposable monthly income would pay the general unsecured debts. You should contact local counsel for assistance.

    8 lawyers agreed with this answer

  5. I am currently in Chapter 13 and included my back taxes in the bankruptcy. Will the IRS keep my refund?

    Answered 3 months ago.

    1. Raymond Schimmel
    2. David John Rausa
    3. William James Waters
    4. Stuart Gregory Steingraber
    5. Geva Baumer
    6. ···
    9 lawyer answers

    If you are currently in Chapter 13, why don't you ask the attorney who is already representing you? If you are not represented by counsel and are in Chapter 13, I would strongly recommend that you find an attorney to represent you.

    7 lawyers agreed with this answer

  6. File for BK7 questions?

    Answered 3 months ago.

    1. Shaye Larkin
    2. Lauren Ann Rode
    3. Steven Keith Brumer
    4. James Charles Shields
    5. Raymond Schimmel
    6. ···
    7 lawyer answers

    There really isn't enough information to answer your question based on what you posted. Certain exemptions may be available to you under the bankruptcy code and state law that might allow you to file bankruptcy and retain ownership of your properties. The exemptions are specific as to dollar amount of equity that you can protect and depend on such factors as state residency, use of the property as your residence, age, marital status, income, and whether you are disabled. This is really a...

    7 lawyers agreed with this answer

  7. Ch 7 bankruptcy and wildcard exemption

    Answered 3 months ago.

    1. David John Rausa
    2. Michael John Primus
    3. Nathan Asher Berneman
    4. Brian Campbell Fenn
    5. Raymond Schimmel
    6. ···
    7 lawyer answers

    There once was a guy who bought a parachute at the swap meet; he just knew he could figure out the art of skydiving himself. He picked up some do it yourself guides and asked some intelligent sounding questions on a skydiving forum. What happened next wasn't pretty. I digress.

    7 lawyers agreed with this answer

  8. What happens when a bankruptcy debtor volunteers payments and commits to pay more in writing

    Answered 18 days ago.

    1. Raymond Schimmel
    2. Dorothy G Bunce
    3. Stuart Gregory Steingraber
    4. Joseph La Costa
    4 lawyer answers

    A debtor can volunteer to pay a discharged debt. However once discharged the debt can not legally be discharged. Even if the debtor volunteers to pay the discharged debt, it isn't binding , and any attempt to enforce the discharged violates the discharge order and is sanctionable.

    6 lawyers agreed with this answer

  9. I filed chp 13 jan-2011 and it was dismissed in april 2013. Because it was dismissed am i liable still for all the credit card c

    Answered 19 days ago.

    1. David John Rausa
    2. Raymond Schimmel
    3. Robert Lewis Firth
    3 lawyer answers

    Yes, you are still liable. You should contact a local attorney to further discuss the problem.

    6 lawyers agreed with this answer

  10. Credit Card Debt Question

    Answered 3 months ago.

    1. David John Rausa
    2. Raymond Schimmel
    3. Waymon S. Harrell
    4. Leon D Bayer
    5. Richard Sabbatino Ravosa Jr.
    6. ···
    6 lawyer answers

    If the house is community property it is at risk even if it is only in the non-filing spouse's name. I have often received calls from a do it yourself bankruptcy filer about to lose a house due to a bankruptcy trustee sale because they thought that if the asset wasn't in their name it wasn't at risk. The kind of question your asking requires additional fact finding to properly answer. Do yourself a favor and arrange an office consultation with an experienced bankruptcy attorney.

    6 lawyers agreed with this answer

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