Brian Crozier Whitaker’s Answers

Brian Crozier Whitaker

San Diego Bankruptcy Attorney.

Contributor Level 17
  1. Where can I find an attorney to take a great personal injury case? This involves Chapter 7 bankruptcy and foreclosure.

    Answered over 1 year ago.

    1. Brian Crozier Whitaker
    2. Michael Raymond Daymude
    3. William James Waters
    4. Dorothy G Bunce
    5. Helene Thaissa W. Bergman
    5 lawyer answers

    Los Angeles County Bar Ass'n (LACBA) Lawyer Referral Service (213) 243-1525 ... or www.smartlaw.org

    17 lawyers agreed with this answer

  2. Filed chapter 13 in 2005 which was discharged in 2008. How long to file a 7 or 13 now?

    Answered 8 months ago.

    1. Brian Crozier Whitaker
    2. David Lawrence Gibbs
    3. Christopher Daniel Leroi
    4. Asaph O. Abrams
    5. Stuart Gregory Steingraber
    5 lawyer answers

    You can file either one now.

    16 lawyers agreed with this answer

  3. My mother got a 1099-c for past credit card debt

    Answered over 1 year ago.

    1. Brian Crozier Whitaker
    2. Jonathan David Leventhal
    3. Diane L Gruber
    4. Norman Antonio Stiteler
    4 lawyer answers

    If the amount of the cancelled debt plus all other debt exceeded the fair market value of her assets at the time of the cancellation, she should file a tax return and include IRS Form 982 and check Box 1.b. The cancelled debt is not taxable to the extent she was insolvent.

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  4. I have become homeless and have outstanding debt and medical bills around 10k, can i file a bankruptcy, pending WC settlement?

    Answered over 1 year ago.

    1. Paula Brown Sinclair
    2. Michael Raymond Daymude
    3. Brian Crozier Whitaker
    4. Michael John Harrington
    5. Steven W Zachary
    6. ···
    6 lawyer answers

    All good advice by the others; but to answer your question ... No, you do not have to wait for your settlement to file BK. In fact, if you are going to file, it might be better to file BEFORE your settlement since it is more easily exempted before it becomes money in the bank.

    15 lawyers agreed with this answer

  5. Bankruptcy filing... owe a payday lender 3000, took the money from my account . can i get it back with Chapt 7

    Answered over 1 year ago.

    1. Brian Crozier Whitaker
    2. William James Waters
    3. Dorothy G Bunce
    4. Michael Avanesian
    5. Joseph Wrobel
    5 lawyer answers

    If you file your BK within 90 days of when they took the money, that payment (and anything else you paid them in that 90 days) constitutes a "preference" payment. Your BK Trustee would have the right to retrieve that preference in order to redistribute it to all your creditors; but there's a good chance that he won't bother and abandon it. At that point, you (or, preferably, your attorney) can pursue what the trustee abandoned. Based on our experience, the money is generally returned without...

    13 lawyers agreed with this answer

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  6. How much money will make it worthwhile for a bankruptcy trustee to go after creditors for payments given within 3mo b4 filing?

    Answered about 1 year ago.

    1. Brian Crozier Whitaker
    2. Dorothy G Bunce
    3. Matthew Jerome Gilbert
    4. Gary Ray Fraley
    5. Christine B. Adams
    6. ···
    7 lawyer answers

    It depends on the Trustee ... some will go after virtually anything, and others won't touch anything under $5,000. But why do you care if the Trustee takes money back from a credit card credit

    13 lawyers agreed with this answer

  7. What happens if a bankruptcy trustee takes part of your home equity?

    Answered about 1 year ago.

    1. Brian Crozier Whitaker
    2. Dorothy G Bunce
    3. Malcolm Wallace Ruthven
    4. Myron Wayne Tucker
    5. Travis Alan Van Winkle
    5 lawyer answers

    $75,000 is the CA homestead exemption ($100,000 if there are family members living with you). What will happen depends on how much additional equity you have. If it's substantial, your case should not have been filed as a Ch7 and you should probably convert to Ch13 if you want to keep the home. If not substantial, the Trustee may just abandon it or possibly work out a deal with you to buy out your equity.

    13 lawyers agreed with this answer

  8. I am currently married and looking to file BK individually. I know I have to include my spouse's income, but I have 2 questions:

    Answered over 1 year ago.

    1. Brian Crozier Whitaker
    2. Eryk Christopher Gabhran Boston
    3. Diane L Gruber
    4. Robert Parkinson Taylor
    5. Rex Tran
    6. ···
    7 lawyer answers

    First, it's not the court that will ask for bank statements ... it's the Trustee assigned to your case. And in your Central District, Trustees are not in the habit of asking for bank statements unless they need them to verify other information. As for your bank statements, you cannot be expected to provide that which does not exist.

    13 lawyers agreed with this answer

  9. Soon to marry, do I need to file chapter 7,13 b-fore marriage,so that it doesnt effect her credit? If I file is she obligated to

    Answered over 1 year ago.

    1. Brian Crozier Whitaker
    2. Tiffany Nicole Romine
    3. William James Waters
    4. Robert Harlan Stempler
    5. Dorothy G Bunce
    6. ···
    6 lawyer answers

    It would be better to file your BK before you are married because If you're married, her income must be included in the analysis of whether you qualify for Ch7 or what your Ch13 payment will be; Your BK should not affect her credit even after you are married (assuming you have no joint debt). She does not have to disclose her debts in your BK ... only YOUR debts need be disclosed in YOUR BK.

    13 lawyers agreed with this answer

  10. What is the difference between the property of a debtor in a chapter 7 bankruptcy and property of the estate?

    Answered over 1 year ago.

    1. Justin Drayton Graham
    2. Brian Crozier Whitaker
    3. William James Waters
    4. Brad Francis Weil
    5. Gary D. Bollinger
    5 lawyer answers

    The property of the debtor (with rare exceptions) becomes property of the estate upon filing the BK and reverts to the debtor when properly exempted and/or when abandoned (rejected) by the Trustee. At that point the debtor is free to "reaffirm/assume" the lease (assuming the lender agrees); but that does not mean the leased property belongs to the debtor ... only that the debtor's interest in the property is as it was before (probably more of a liability than an asset).

    12 lawyers agreed with this answer

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