Shaye Larkin’s Answers

Shaye Larkin

San Francisco Bankruptcy Attorney.

Contributor Level 20
  1. I received a personal injury settlement and am considering filing for bankruptcy because my debts are just too high.

    Answered 7 months ago.

    1. Shaye Larkin
    2. Stuart Gregory Steingraber
    3. Michael Salanick
    4. Jason Todd Studinski
    5. Christopher John Gansen
    6. ···
    12 lawyer answers

    I agree with Stuart. There are personal injury exemptions that can be used, but a full analysis of your situation needs to be made to determine what amounts can be protected and whether it is better for you to file a Chapter 7 or a Chapter 13 bankruptcy. Such analysis is beyond the scope of this forum.

    31 lawyers agreed with this answer

  2. Chapter 7 Trustee is trying to Short Sale my house. I am current on mortgage want to keep house. Trying to fight Trustee. Help!

    Answered over 1 year ago.

    1. Shaye Larkin
    2. Sally J Elkington
    3. Michael Raymond Daymude
    4. Carole Suzanne Bess
    4 lawyer answers

    This is a recurring problem recently. Make sure you have claimed the homestead exemption, provide the trustee with proof that you are making the payments on the house, and oppose the trustee's motion to sell. The means test results do not necessarily mean you cannot convert to Chapter 13. If you can find the means to make a small Chapter 13 payment, even with the help of a family member or friend, you should be able to convert so long as no bad faith is involved. These are my two cents - I...

    18 lawyers agreed with this answer

  3. I have to file for Chapter 7 but 6 months ago I inflated my salary by

    Answered 6 months ago.

    1. Shaye Larkin
    2. Kevin Christopher McGee
    3. Marques Lipton
    4. Michael J. Baldassarre
    5. Geraldene Sherr Duswalt
    6. ···
    8 lawyer answers

    It is impossible to give you an exact percentage of likelihood the creditor will complain in your bankruptcy. Generally, the smaller the amount at issue, the less likely they will complain. The rule is basically that if you incur a debt under false pretenses, that debt is presumptively not dischargeable in bankruptcy. For it to not be discharged, however, the creditor must file an adversary proceeding against you and obtain a judgment deeming the debt not discharged. They only have about 90...

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  4. Can someone who filed a chap 7 previously file a Chap 13 afterward ? How long he has to wait in between filings?

    Answered 6 months ago.

    1. Shaye Larkin
    2. Timothy J Sierra
    3. Rex Edward Russo
    4. Blake Owen Brewer
    5. Jeffrey David Solomon
    6. ···
    8 lawyer answers

    Assuming this person otherwise meets the eligibility requirements for filing Chapter 13 and has sufficient income to support the required plan payments, they can file now. If it has been less than 4 years since their previous Chapter 7 filing, they won't receive a discharge of any new debt but they can get a lengthy period of time (up to 5 years) to pay the HOA dues. We call a Chapter 13 case filed within 4 years of a prior Chapter 7 case a "Chapter 20". If the HOA lien is entirely...

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  5. I am waiting for my 341 meeting (chapter 13). My financial situation changed, I lost my job earnings.

    Answered 5 months ago.

    1. Shaye Larkin
    2. Michael Salanick
    3. Stuart Gregory Steingraber
    4. Sally J Elkington
    5. David Alexander Yomtov
    6. ···
    11 lawyer answers

    You need to get yourself an attorney. Chapter 13 cases are extremely complicated and most Chapter 13 cases filed by pro se debtors end up getting dismissed. At the very least, you need to consult with an attorney to find out whether converting to a Chapter 7 would be appropriate; if you have unprotected assets, or are repaying mortgage arrears, you might need to look into alternative sources of income, such as help from relatives, in order to fund the Chapter 13 plan rather than convert to...

    15 lawyers agreed with this answer

  6. Inheritance and chapter 13 bankruptcy

    Answered 7 months ago.

    1. Shaye Larkin
    2. Gary D. Bollinger
    3. Richard D. Granvold
    4. Brent J Jensen
    4 lawyer answers

    This is a special complicated issue and you need to get expert advice from a bankruptcy attorney before proceeding. Taking the wrong action can jeopardize both your bankruptcy discharge and whatever amount of the inheritance you might be entitled to keep.

    15 lawyers agreed with this answer

  7. Viking collection calls my house daily and sometimes twice a day trying to collect a debt that is my ex wife's. this has to stop

    Answered 6 months ago.

    1. Shaye Larkin
    2. Brett D Weiss
    3. Christine B. Adams
    3 lawyer answers

    If the debt was originally a joint debt owed by both you and your wife, it is not illegal for the collector to try and collect it from you, even though your ex-spouse may have been required by order of the divorce court to repay it. Depending on what the court order says, you ex-spouse may be required to "hold you harmless" for this debt which means she must cover your damages in defending yourself from the debt collectors. As for getting them off your back you can 1) change your phone number,...

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  8. What is an average attorney's fee for chapter 7? If I can pay $250 every 2 weeks, would a good lawyer take my case?

    Answered 3 months ago.

    1. Shaye Larkin
    2. Andrew A Moher
    3. Barry W. Rorex
    4. Jonathan David Leventhal
    5. Michael John Primus
    6. ···
    9 lawyer answers

    Attorneys fees vary significantly from attorney to attorney. Some charge a lot more than others, and this does not necessarily mean the attorney is more skilled. It usually means they have a higher overhead. We are not allowed to solicit clients on the question and answer forum so I cannot offer my services to you here, nor may the other attorneys who respond, but you can certainly look on the AVVO Find A Lawyer search tool and locate a reputable attorney you would like to contact for a free...

    14 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. What will the court say if I already spent my income tax

    Answered 4 months ago.

    1. Shaye Larkin
    2. Kelly Marie Resnick
    3. Michael John Primus
    4. Sandra A Kuhn Esq.
    5. Richard D. Granvold
    6. ···
    7 lawyer answers

    This is only a going to be a problem if the money is not exempt. You need to get yourself a consultation with a reputable bankruptcy attorney in your area right away who can take a look at your bankruptcy file and advise you how best to proceed. The worst case scenario would be that your discharge could be denied, but more likely if you spent non-exempt funds the trustee would give you an opportunity to pay it back. Use the Find A Lawyer tab to get a list of reputable bankruptcy attorneys...

    14 lawyers agreed with this answer

  10. Is there a legal means to force a bankruptcy trustee to distribute assets?

    Answered about 1 month ago.

    1. Shaye Larkin
    2. Sally J Elkington
    3. Barry W. Rorex
    4. Richard D. Granvold
    5. James Charles Shields
    5 lawyer answers

    Did you file a proof of claim? You would normally need to file a proof of claim in order to get paid out of the non-exempt asssets of the estate.

    13 lawyers agreed with this answer

    1 person marked this answer as helpful