Harris Justin Brumer’s Answers

Harris Justin Brumer

San Diego Family Law Attorney.

Contributor Level 14
  1. Planning to hire attorney for bk 7 or 13 in approx. 45 days. Car repair $1.5-2k needed, that must be charged. Is it advisable?

    Answered over 1 year ago.

    1. Harris Justin Brumer
    2. Susanne Ruiz Rodriguez
    3. Devin Sawdayi
    4. Anil Bhartia
    5. Myron Wayne Tucker
    6. ···
    10 lawyer answers

    Without knowing all the other facts, I recommend that you go ahead and proceed with the repairs to your vehicle, even if it needs to be put on credit. The Trustee in your case will normally make several inquiries of you, during the 341(a) Meeting of Creditors hearing. One of which will most likely be, "Have you used any credit cards within 90 days of filing BK and/or made any credit transfers?" You would answer "yes." The Trustee will then ask, "Has any one of those transactions exceeded $...

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  2. Do I have to wait for child to turn 18 to kick him out if disrespectful and verbally abusive

    Answered 2 months ago.

    1. Harris Justin Brumer
    2. Arnold William Gross
    3. Edna Carroll Straus
    4. Jay Scott Finnecy
    5. Robin Marie Estes
    6. ···
    7 lawyer answers

    You have to wait until he's 18. Otherwise, CPS will become involved and conduct an investigation. Once he's an adult, of legal age, you can kick him out. One issue: will he leave of his own volition?

    12 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. Will bankruptcy discharge a lien? I have a criminal restitution lien against me. Will BK dismiss it in CA?

    Answered 6 months ago.

    1. Harris Justin Brumer
    2. Dane L Hines
    3. Stuart Gregory Steingraber
    4. Sandra A Kuhn Esq.
    4 lawyer answers

    Negative. Criminal restitution is non-dischargeable in Bankruptcy. Recommend you consult with a BK attorney in your area to discuss your options, though. Best of luck. www.bbfamlaw.com

    12 lawyers agreed with this answer

  4. FILE chapter 7 after marriage or before ?

    Answered almost 2 years ago.

    1. Michael Salanick
    2. Harris Justin Brumer
    3. Justin Drayton Graham
    4. Robert Michael Fox
    5. Brad Francis Weil
    5 lawyer answers

    If she files BK in the state of CA after you are married, you will have to include your include your income as well (even though you yourself are not filing). You may also have to sign a waiver allowing your wife to use 703 exemptions. Therefore, it's probably best that she file prior to you getting married. It makes it a lot simpler. Best of luck!

    10 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. I am married and am thinking of declaring bankruptcy on just MY debt under my name only

    Answered 12 months ago.

    1. Shaye Larkin
    2. Harris Justin Brumer
    3. Michael Raymond Daymude
    4. Brent J Jensen
    4 lawyer answers

    1) Yes, you can absolutely file for BK under your name only. However, you will have to decide what exemptions to use, if for example, you file a CH 7, e.g. 703 or 704 exemptions. If you use 703 exemptions, your wife must sign a waiver stating that if she ever files for BK in the future, she may NOT use 703 exemptions. Note: 703 exemptions allows you to exempt more private property from the Trustee and even has a wildcard exemption that includes $23,400 that you can randomly assign to your...

    10 lawyers agreed with this answer

  6. Can someone tell me where I can find a military attorney to file a lawsuit against the military in a federal court?

    Answered over 1 year ago.

    1. Harris Justin Brumer
    2. William Emil Cassara
    3. Jay Bodzin
    4. Rixon Charles Rafter III
    4 lawyer answers

    You don't give too many facts in your question. What's the basis for the lawsuit? Are you currently an active duty service member? If so, you may be barred from pursuing a lawsuit against the Federal government. Recommend you contact the local county bar association that you're in (whatever county Portland is). Ask for their Lawyer Referral Information Service (LRIS). Then you can look for attorneys that do Federal tort claims against the government. They should give you a free...

    11 lawyers agreed with this answer

  7. Is it common for attorneys to bring court reporter in a family court?

    Answered 12 months ago.

    1. Harris Justin Brumer
    2. Syed Sharik Ahmed
    3. John Noah Kitta
    3 lawyer answers

    Attorneys should do this. Due to the budget crunch, the courts have had to cut court reporters. The purpose of having a court reporter present is to preserve the record, so that the losing side can appeal.

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  8. Can my Ex get more child support because my new spouse makes a significant amount of money?

    Answered 3 months ago.

    1. Harris Justin Brumer
    2. Gina Marie Famularo
    3. Edna Carroll Straus
    3 lawyer answers

    This will NOT increase your support. Your new wife certainly isn't responsible for your child through a separate relationship. In fact, your support could actually go down now that you and your new spouse are in a higher tax bracket. She needs to tread cautiously. Best of luck!

    9 lawyers agreed with this answer

  9. Just found out child's father filed for bankruptcy, he owes me $150,000 in child support!

    Answered 9 months ago.

    1. Alan D. Walton
    2. Harris Justin Brumer
    3. Lynda Wesley
    4. William James Waters
    5. Blake Owen Brewer
    6. ···
    8 lawyer answers

    Child support is non-dischargeable in bankruptcy. It is a priority claim listed on Schedule E of the BK petition, "Unsecured Priority Claims." It would violate public policy to have this debt discharged. You have nothing to fear here. Best of luck!

    9 lawyers agreed with this answer

  10. Chapter 7 bankruptcy. If we bank w/ BofA and have credit cards with them, can they freeze or attack our account b4 we file?

    Answered 12 months ago.

    1. Eric D Ridley
    2. Harris Justin Brumer
    3. Brett D Weiss
    4. Shaye Larkin
    5. Dorothy G Bunce
    6. ···
    6 lawyer answers

    Typically, only credit unions act in this regard, but some banks have also been known to do this. Highly recommend that you open up a new checking account at a different financial institution. Then move all your cash to this new account, including any direct deposits you may have. Keep the BofA account open; do not close it! Keep a small amount of cash in it, typically $100 or less. Do not give them any heads up that you are going to BK. After you file your BK, you may still bank with...

    9 lawyers agreed with this answer

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