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Jeffrey David Curl

Jeffrey Curl’s Answers

123 total


  • Foreclosure - Chapter 7 and loan modification

    We recently filed for Ch 7 due to high credit cards and mortgage payment of $8,000.00/mo. We are now waiting for discharge that will come in about 2 mos. We are behind on our mortgage payment but we opt to "retain the property on voluntary payment...

    Jeffrey’s Answer

    As to your second question regarding whether foreclosure is automatic whenever someone files a Chapter 7, no. If my clients want to keep their home in Chapter 7, they must be current on the mortgage going into Chapter 7 bankruptcy. When they are current, they can "retain an dpay" without the risk of foreclosure if they continue to pay on time and abibe by the applicable terms of the note. If someone is behind on payments in Chapter 7 when they file their case, the banks often move for relief from the automatic stay to foreclose.

    As to your chances of succeeding on the loan modification, I don't think anyone here could tell you because it depends on your income, expenses, total arrears, loan backer and a variety of circumsances.

    If keeping the home is paramount, consider converting to a Chapter 13 where you can have arrears on the home at the time of filing and make up those payments over a period of up to five years. Speak with your counsel right away about this and any other options that may be available. God luck.

    This information is not, nor is it intended to be, legal advice. This does not constitute the formation of an attorney-client relationship. You should consult an attorney for individual advice regarding the specifics of your situation. JC Law Group is a debt relief agency. We help people find relief by filing bankruptcy in California under the Bankruptcy Code.

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  • Do I get to keep my cars?

    I filed bankruptcy chapter 7. One of the auto lenders sent me the reaffirmation agreement and I did not reaffirm. The other stopped calling after I filed for bankruptcy. Supposedly the trustee is filing a report of no asset. The auto lender s...

    Jeffrey’s Answer

    • Selected as best answer

    Setting aside the issue of reaffirmation, the key here is that you state that you haven't made any payments recently. The moment you filed bankruptcy, an automatic stay was triggered. That means a lender may not repossess or force you to pay while this stay is in effect. If you want to keep a vehicle in chapter 7, however, you have to be current going into bankruptcy, and must continue to pay during and after bankruptcy. Once your case concludes and the automatic stay is lifted, the lender can repossess the car. If the lender does not want to wait for the stay to expire, it may move the court for relief from the stay and get an order permitting repossession of a vehicle while the bankruptcy is pending.

    Subject to issues such as how much equity is in a vehicle, the general rule in bankruptcy is that you can keep what you can pay for. Probably a good to consult with counsel asap if keeping the cars are a paramount concern. Good luck.

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  • Is it possible to just file a Corporate Banktruptcy and not have to file a personal bankruptcy?

    If you are able to keep up with your personal debt, is it required that you file a personal bankruptcy if you are only needing to file a Corporate Banktruptcy on the Corporate debt? And is there a way to find out if you personally guaranteed on a...

    Jeffrey’s Answer

    A corporation may file separately from the individual shareholders that own the corporation. Before you consider this, you may want to explore simply dissolving the corporation. In many cases a corporate bankruptcy is actually not necessary. As counter-intuitive as this sounds, a corporate bankruptcy does not discharge the debts to the corporation. Oftentimes, bankruptcy is used as a device for an orderly wind up of the corporation, but dissolving the corporation can often accomplish what you need.

    You will have to look at the contracts to determine whether you personally guaranteed the debts (or recollection if the personal guarantee was made orally).

    This can be a complicated situation, so I recommend consulting with counsel as soon as possible. Good luck.

    This information is not, nor is it intended to be, legal advice. This does not constitute the formation of an attorney-client relationship. You should consult an attorney for individual advice regarding the specifics of your situation. JC Law Group is a debt relief agency. We help people find relief by filing bankruptcy in California under the Bankruptcy Code.

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  • Chapter 7 Schedule I-Income. Do they calculate overtime hours at the time of filing a set income?

    We filed Chapter 7 pro se last month and my husband's income is higher due to overtime hours. His income was $910 higher than his base pay. Even with this increase, our combined income is 15k under the median. Due to this temporary increase in i...

    Jeffrey’s Answer

    When calculating income on Schedule I, I view it as forward looking. Is the recently earned overtime expected to continue in the foreseeable future? You Schedule I income does not have to match your means test income. If the OT was a one-time event, I would not include it. If OT is a regular or future expected part of your income, then I would include it. Good luck.

    This information is not, nor is it intended to be, legal advice. This does not constitute the formation of an attorney-client relationship. You should consult an attorney for individual advice regarding the specifics of your situation. JC Law Group is a debt relief agency. We help people find relief by filing bankruptcy in California under the Bankruptcy Code.

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  • Am preparing to file chapter 7. Just got word that a wage garnishment will be applied from CC company. What do I need to do?

    My question is: I know that the filing of the bk should stop all collection actions,etc...but, do I need to do something in particular (file a form or anything) to prevent this wage garnishment from happening? Or will giving notice of the filing t...

    Jeffrey’s Answer

    When a client is facing imminent or actual garnishment, upon filing the bankruptcy, a Notice of Filing Bankruptcy is generated by the bankruptcy court. I take this and file it with a Notice of Stay in state court where the credit card company filed the original lawsuit. If the garnishment is underway, I serve these documents on everyone in the chain of garnishment to stop it - the court, the plaintiff's attorney, the sheriff and the employer. If it the plaintiff is just threatening to garnish, I file the documents with the court and serve the plaintiff. Good luck.

    This information is not, nor is it intended to be, legal advice. This does not constitute the formation of an attorney-client relationship. You should consult an attorney for individual advice regarding the specifics of your situation. JC Law Group is a debt relief agency. We help people find relief by filing bankruptcy in California under the Bankruptcy Code.

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  • Keeping land after bankruptcy?

    I inherited a small piece of land that is worth very little and almost impossible to appraise. It is on an island in SE Alaska and accessible only by float plane. My grandmother sold her neighboring lot during the housing boom for $17,500, and a...

    Jeffrey’s Answer

    It depends on several factors. One of the main factors are the exemptions you use. When someone files for bankruptcy, they are allowed to keep a certain amount of property through something called exemptions, i.e., you are allowed to exempt and keep certain things. For example, there is a small exemption for jewelry and a small exemption for vehicles.

    One of the most flexible exemptions is the wildcard. The wildcard is worth $23,250, and can be applied to anything. You can actually keep $23,250 in cash if you want. It can also be used to exempt and keep parcels of land. If the value of the land is less than the $17,500 lot sold during the boom, the wildcard would cover it.

    Other things need to be considered such as where you lived the past two years, the Chapter of bankruptcy, your other assets, and the list goes on. It's advisable to consult with counsel. Good luck.

    This information is not, nor is it intended to be, legal advice. This does not constitute the formation of an attorney-client relationship. You should consult an attorney for individual advice regarding the specifics of your situation. JC Law Group is a debt relief agency. We help people find relief by filing bankruptcy in California under the Bankruptcy Code.

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  • Life Insurance policy & bankcruptcy

    I have medical debt & will have to file bankcruptcy. I have a life insurance policy which is not a full term policy. Even though this is a life policy can this be in jeopardy if I file bankcruptcy?

    Jeffrey’s Answer

    My colleague is correct. The key is not whether it is short term or full term, but whether it is term life or whole life. In general a whole life policy is a policy that you can cash out. A term life policy has no cash value but is payable to a beneficary upon death.

    Something that I think should be clarified is the exemptions, i.e., ways of keeping your property, including life insurance policies. California does not use the federal exemptions. If you have lived in California the past two years, you use California exemptions (if not, it will vary depending on where you lived before).

    In short, term life insurance policies usually are protected in their entirety. Whole life policies that are essentially like a savings account can be protected under California's wildcard which is $23,250.

    This is something that you should discuss with counsel. Good luck.

    This information is not, nor is it intended to be, legal advice. This does not constitute the formation of an attorney-client relationship. You should consult an attorney for individual advice regarding the specifics of your situation. JC Law Group is a debt relief agency. We help people find relief by filing bankruptcy in California under the Bankruptcy Code.

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  • We received a motion to relief from automatic stay for our house (home creditor) We are behind but dont want to foreclose. Help!

    My dAd filed BK went to court already 45 days passed and he got the letter for the motion. I pay for the house and not him. We are 4 months behind before his filing and 2 since his court date.I pay for the house and not my dad so we definitely don...

    Jeffrey’s Answer

    Spek your attorney, of if you don't have one, get an attorney right away.

    Keeping a home through Chapter 7 bankruptcy when you are behind on the mortgage is generally inadvisable. If you were current going in to Chapter 7, and continued to pay, you would be okay. At this point you need to examine the possibility of converting to a Chapter 13 where mortgage arrears can be made up. You also want to examine the possibility of defending the motion in Chapter 7. This includes examining how your judge reacts to a motion fo relief from stay when someone is four months behind, but in a modification. I think most judges would find failure to pay for four month, including after you file ground for granting the motion to permit the foreclosure process to continue.

    Speak with counsel immediately to assist you with handling this motion. Good luck.

    This information is not, nor is it intended to be, legal advice. This does not constitute the formation of an attorney-client relationship. You should consult an attorney for individual advice regarding the specifics of your situation. JC Law Group is a debt relief agency. We help people find relief by filing bankruptcy in California under the Bankruptcy Code.

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  • If my income is less than the median income for chapter 7 bankruptcy, do I still have to do the mean test, or automatic qualify?

    I rent a room in a house so I consider myself a household of 1, and I make 1800 a month gross.

    Jeffrey’s Answer

    You only need to fill out the first portion that shows your income is below median. You won't have to fill out the remainder of the means test. However, it is often misunderstood that the means test is the only time that the court looks at your income. Your income is also evaluated on Schedules I & J. The means test essentially looks backwards, and Schedules I & J look present and forward. I wrote a blog about this that I placed in a link below if you want to read more. In summary, someone can "pass" the means test, but "fail" I & J, meaning that they will not qualify for Chapter 7, but will be required to file Chapter 13 because they have too much income.

    Think of the single person who just lands a job that pays him $100,000, and files bankruptcy the next day. He would pass the means test because it looks backwards, and he is below median. But depending on his income and expenses going forward, he may get snagged by I & J if he has lots of disposable income and little in the way of expenses. With $1,800 a month, I bet you can find plenty of expense that eat away at your income so that you still qualify. Work with an attorney to help you navigate these issues. Good luck.

    This information is not, nor is it intended to be, legal advice. This does not constitute the formation of an attorney-client relationship. You should consult an attorney for individual advice regarding the specifics of your situation. JC Law Group is a debt relief agency. We help people find relief by filing bankruptcy in California under the Bankruptcy Code.

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  • I am legally separated and renting a room at my parents house. Does their income need to be included on the means test?

    I pay rent to them and I am filing single and all my debt is only in my name.

    Jeffrey’s Answer

    It boils down to a fact-sensitive inquiry about how finances are handled in the home. Just because you are family under the same roof does not mean all or any of the income from your parent must be counted. To the extent you receive a financial benefit from your family, that must be counted as income. For example, do they cover your car payment or help you out by giving you money on a regular basis? That would count as income. Presumably your parents have their own expenses that consumes their income such as rent/mortgage, food, transportation etc. It would not make sense to count their entire income on your bankruptcy petition unless they are handing you their entire paychecks.

    A bankruptcy attorney can help guide through this as it can be a sticky issue. Good luck.

    This information is not, nor is it intended to be, legal advice. This does not constitute the formation of an attorney-client relationship. You should consult an attorney for individual advice regarding the specifics of your situation. JC Law Group is a debt relief agency. We help people find relief by filing bankruptcy in California under the Bankruptcy Code.

    See question