Raymond Schimmel’s Answers

Raymond Schimmel

San Diego Bankruptcy Attorney.

Contributor Level 3
  1. Retirement payment exempt in bankruptcy

    Answered 11 months ago.

    1. Stuart Gregory Steingraber
    2. Jeffrey Chiao Hsu
    3. Justin Drayton Graham
    4. Raymond Schimmel
    5. Michael J Corbin
    5 lawyer answers

    You should be able to time the filing of your bankruptcy case to resolve the problem. If the money is received after you file it is not an asset of the estate. So pay your bills with the money and then file. Also I don't know the souce of the "retirement" money. If part of the money is from social security that part that is traceable to the social security is exempt.

    2 lawyers agreed with this answer

  2. I am making a new Offer in Compromise..I was rejected before because i would not give up my sons income.

    Answered 11 months ago.

    1. Anastatia Quirk Ellis
    2. John P Fazzio III
    3. Raymond Schimmel
    3 lawyer answers

    You probably want to memorialize the arrangement with a written rental agreement that specifies a fixed monthly rental payment. The money should be paid to the son and the son should pay the expenses related to the property. Short of this, you want to supply IRS with a sworn statements detailing the terms of the agreement and documentation detailing the amount, timing and nature for the expenses paid in lieu of the rent.

    3 lawyers agreed with this answer

  3. Can you file bankruptcy on an income property?

    Answered 11 months ago.

    1. Maureen Andrea Enmark
    2. David Watson Wiese
    3. Raymond Schimmel
    4. Scott Benjamin Riddle
    4 lawyer answers

    You should rephrase your question. If what you are asking is whether you can discharge personal liability on the equity line of credit on your rental property, the answer is yes if you are entitled to a discharge of your debts in bankruptcy. If what you are aksing is whether you can void the lien from the equity line on the rental property the answer is not in a Chapter 7. Under some circumstances you might be able to strip the lien and discharge the debt in Chapter 13 where you owe more to...

    1 lawyer agreed with this answer

  4. Can I add creditors debt to a bankruptcy I received after my filing date

    Answered about 1 year ago.

    1. Robert Dale Zabik
    2. Stuart Gregory Steingraber
    3. Dheeraj Kumar Singhal
    4. Raymond Schimmel
    4 lawyer answers

    Assuming you are in Chapter 7, prior to discharge you can file for a voluntary dimissal and refile the case with the new creditor.

    1 lawyer agreed with this answer

  5. Chapter 13, can I reopen to add another issue that has come up recently?

    Answered 11 months ago.

    1. Andrew A Moher
    2. Rex Tran
    3. Sam Benevento
    4. Dorothy G Bunce
    5. Raymond Schimmel
    5 lawyer answers

    I am assuming that your bankrutpcy is still pending. If has already discharged the answer is not you cannot reopen the case to add a creditor that was not noticed of the bankrutpcy or a creditor with a post-petition claim. If the case is still pending, you have several options depending on the complete and exact facts and circumstances which goes well beyond your question. You should have a bankruptcy attorney that can help you weith the pros and cons of the different options. The options...