Harris Justin Brumer’s Answers

Harris Justin Brumer

San Diego Family Law Attorney.

Contributor Level 13
  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 about 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 $...

    Selected as best answer

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

    Answered 28 days 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

  3. FILE chapter 7 after marriage or before ?

    Answered over 1 year 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

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

    Answered 6 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

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

    Answered about 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

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

    Answered 7 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.

    Selected as best answer

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

    Answered 4 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

  8. 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 7 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

  9. Victim of domestic violence a pI contacted mewas hire by the suspect lawyer and ask for me 2 go over what happen...

    Answered 8 months ago.

    1. Timothy Miranda
    2. Harris Justin Brumer
    3. Dan Eugene Chambers
    4. Christopher John Gansen
    5. Christian K. Lassen II
    5 lawyer answers

    You do not have to speak with him if you don't wish to do so. In fact, it will definitely not be to your benefit. Recommend you look into retaining private counsel to assist you. Good luck!

    9 lawyers agreed with this answer

  10. Where do I list on my bankruptcy petition the tax refund I am set to receive?

    Answered over 1 year ago.

    1. Harris Justin Brumer
    2. Brian Crozier Whitaker
    3. Kristin Rose Lamar
    4. Michael Salanick
    5. Brad Francis Weil
    5 lawyer answers

    My colleague is correct! You list the tax refund in Schedule B and then you can exempt it on Schedule C, thus shielding it from the Trustee and from Creditors. If you are using 703 exemptions, you can utilize the Wildcard exemption (up to $23,500) and protect your refund. Best of luck to you!

    9 lawyers agreed with this answer

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