Skip to main content
Raymond Schimmel
Avvo
Pro

Raymond Schimmel’s Answers

72 total


  • Who would I contact, a tax lawyer or continue to have them, IRS. attach my SS check?

    Owe back taxes (federal) need to either get a lump sum pay off or other arrangements for payments as they have attached my SS check.

    Raymond’s Answer

    A local tax attorney can help you stop the levy and either set up a pay plan with the IRS or explore an offer in compromise settlement. Under some circumstances you can also discharge (wipeout) or manage back taxes with a bankruptcy. Your best off with a local attorney familiar with both tax related bankruptcy and traditional non bankruptcy tax resolution. Many of my qualified San Diego colleagues and myself are available for consultation.

    See question 
  • What does a potential lawsuit mean for my discharged chapter 7? How do we proceed?

    In August 2015 my husband and I filed for chapter 7, we live in California. In December 2015 it was discharged with no assets. Last week I found out I have a malpractice case, for a botched surgery I had in February. I did not know there was...

    Raymond’s Answer

    You need to get with your attorney immediately. You will need to reopen your bankruptcy case and amend your bankruptcy schedules to disclose the claim and possibly exempt it in whole or part. If you do not now disclose the claim you could be judicially estopped from going forward. In addition now that you are aware of the claim if you now do not disclose the lawsuit asset it could both result in having your discharge revoked and possibe criminal prosecution.

    See question 
  • How long do I have to refile a bankruptcy?

    I filed for bankruptcy October 2015. But in Sept I no longer had a job and I had to move to Oceanside from Castroville my bankruptcy was dropped, can I refile?

    Raymond’s Answer

    Assuming that there isn't a 180 day bar to refiling. This can happen if there was a motion pending to lift the automatic stay when the case didmissed or you didn't comply with a court order. Additionally there are special rules if you file more than one case within a twelve month period. A motion will need to be filed to extend the automatic stay or the stay will expire in 30 days based on the prior filing. It's a mistake to file a case without counsel that may have longterm and irreperable consequences for your future. You should contact a local San Diego attorney for a consultation.

    See question 
  • How can you help? And will I lose my car?

    By some glitch my creditor has not billed me in years for my car payment, if I file for bankrupty will I get my pink slip?

    Raymond’s Answer

    Simply filing bankruprcy and receiving a discharge does not resolve the lender's lien on the vehicle. You may be able to redeem the vehicle for its current retail value. This needs to be more thoroughly discussed along with your overall circumstances in order for you to evaluate your options. I would advise you to set up an apointment with local counsel.

    See question 
  • I am thinking of filing bankruptcy due to my husband losing his job because of a disability. What debt is included?

    We have about $20k in credit card debt, $2,500 personal loan, car payment (which I plan on continuing to pay if I do file bankruptcy because it's our only car) and state taxes. If I understand correctly, if I do file bankruptcy, the credit card an...

    Raymond’s Answer

    I'm sorry that you are going through a hard time. Generally speaking, you can discharge (wipeout) credit card debts and personal loans in a bankruptcy. Additionally, under certain circumstances income tax debts are also dischargeable in bankruptcy. You should consult with a local attorney. Many of my colleagues and I give free consultations.

    See question 
  • Back taxes. Is it possible to reduce back taxes?

    Back taxes. Is it possible to reduce back taxes? I need help with back taxes I owe, but I don't want to waste my money hiring a lawyer or tax person if the IRS doesn't work with me. I have seen commercials on TV, but I worry that its just scam...

    Raymond’s Answer

    The IRS has a formal offer in compromise program. Settlement is based on the reasonable collection potential for your tax account where you have insufficient assets or income to pay the tax arrears in full over the remaining statute of limitations period. Additionally under some circumstances it is possible to discharge (wipe out) back taxes with a bankruptcy. You are right to be skeptical of the national tax resolution companies who often take a one size fits all approach high volume approach. Often these companies delegate important tasks to poorly supervised and minimaly trained staff to the detriment of their clients. You are better off with local San Diego tax counsel to explore settlement or possibly bankruptcy options. Many of my local colleagues and myself would be willing to give you a low cost consultation.

    See question 
  • Can a homeowner avoid a 2nd Lien after filed for BK13 then converted to BK7?

    Can a homeowner avoid/strip the 2nd lien after filed for BK13 then convert to BK7 and had a discharge from BK7?

    Raymond’s Answer

    You have to complete your Chapter 13 plan before the lien strip on a 2nd trust deed can be finalized. If you convert to Chapter 7 the lien stays with the property.

    See question 
  • I am considering filing bankruptcy because I have credit cards that are past due with balances totally nearly $20K. Should I?

    I've been out of work for over a year but I'm finishing my MBA and want to have a fresh start when I do start my new career.

    Raymond’s Answer

    • Selected as best answer

    I don't entirely agree with my esteemed collegues. You should probably file for bankruptcy, but you first want to talk this over carefully with an attorney before you decide. From the perspective of an employer, I don't know that there is a big difference between a history of bad credit even after it's finally paid off and bankruptcy. Most employers will realize that you went through a hard time and were unemployed. Additionally, Section 525 of the Bankruptcy Code states in general that an employer may not discriminate against you just because you filed for bankruptcy. However an employer may deny you a job because you have unresolved bad credit. On one hand, with the bankruptcy you know longer pose much of an employer perceived threat for things like black mail, extortion, embezzlement because your bad debts were resolved, but with unresolved bad credit an employer may see your credit problems as a security threat. Additionally, even when you complete your MBA it may be sometime before you start working. When you start working it's possible if your creditors have reduced your debts to judgment that they can garnish your wages for up to 25% of the net take home pay and try contacting you at work. Assuming that you don't have any consequential assets or claims to assets, the biggest downside that I see in doing a bankruptcy is that you never know what misfortunes life may bring in the future. If you do a Chapter 7 bankruptcy now, you won't be able to do one again for eight years. This means that if you incurr debt after the bankruptcy through some unforeseen misfortune like an illness, you will have a much more difficult time trying to deal with it.

    See question 
  • Where do I start to file bankruptcy? Also if I want to file for.divorce should I wait till the bankruptcy is done?

    My husband and I have about $20,000 in credit card debt. We have a car loan for a 2012 toyota camry, we do not own a home, we own a 2005 Chrysler Town and Country that is not worth anything . We have no savings and we both work. I am only making a...

    Raymond’s Answer

    As some of my colleagues have pointed out one size does not fit all. In many cases where the spouses are amicable it makes sense to file a joint case together. A joint case is more efficient and economical and simplifies the property settlement issues as previously stated. On the other side, I remember years back dealing with a mess where I filed a joint case and the estranged husband did not show up for the required 341(a) hearing. The wife wished to go forward with the bankruptcy case, so I was able to file a motion to bifurcate (split) the case which the court granted. The husband's then separate case was dismissed because he failed to cooperate and appear, the wife's case went forward and successfully received a discharge. The problem with filing a joint case in these situations can occur if one spouse is not amicable or cooperative. Sometimes you cannot even get the spouses to sit in the same room or there is an abusive relationship with a restraining order. Many of the local bankruptcy attorneys including myself give a free consultation that is where I would start.

    See question 
  • Is there any type of debt that a Claim of Exemption will not cover?

    I started to fill out the Claim of Exemption form when I got a wage garnishment notice because of my low income and the fact that I need to be able to eat and all, but I called the Franchise Tax Board to ask a question and was told that my type of...

    Raymond’s Answer

    Yes, the claim of exemption wouldn't be valid if the FTB is collecting court fines or court ordered back child support. There are other things that an attorney might be able to do however to reduce the monthly payment below the 25%. Set up a voluntary installment plan for less or perhaps file a Chapter 13 bankruptcy. You should set up a consultation with a local attorney.

    See question