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Stanley Duane Lockhart

Stanley Lockhart’s Answers

394 total


  • Adversary Proceeding 523(a)(2)(A), Fraud

    Is the phrase, "On or about August 7, 2006", sufficient to identify the "time" of a misrepresentation in a claim for fraud; or, does the pleading require a specific date, "on august 7, 2006"?

    Stanley’s Answer

    I agree...

    The only purpose is put defendant on 'NOTICE" of the approximate time frame with enough specificity to reasonably identify the act, conduct, or occurance at issue.

    Fed requirements are different that with state court pleadings.

    Discovery will nail down the time in question.

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  • Can debt collector sue me if they stopped automatic debit themselves?

    Hi, Little over a year ago I arranged over the phone the payment plan to pay off my credit card debt. Later I signed a form authorizing to debit my checking account every month for the sum we agreed on. One year later they stopped debitting, so...

    Stanley’s Answer

    As the debt collectors know....you will not have the benefit of counsel so they push the limits of the law and process to bend you over a barrel.

    The fact is that you are missing a zero in the outstanding balance to justify hiring counsel. Send me $5000 and I will get your case dismissed and settled. Quick, cheap (for legal representation) , and easy....no retainer, no payments, in and out...

    But you can do the same thing for $3655 unless they are accruing legal and filing fees so that will soon surpass the $5000 mark....

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  • What is the average price to pay for a bk 13 and bk 7 to lawyers in the bay area?

    what is the initial cost, one-time fee or total cost for a bk13 and bk7?

    Stanley’s Answer

    Just go on the internet and you will see prices all the way from $125 for BK form preparation to $495 plus filing fees to $2500 for 'No look" fees in several of the Districts, including and excluding filing fees.....OR....Do it yourself with NOLO PRESS publisher at your public library for a step by step instructions that will get most ordinary filers thru the process if nothing unusual comes up. There is an additional service available that debtors can pay $100 and have access to the author via email.

    C13 is the territory of professionals. 4 out of 5 C13's are dismissed without discharge unless an attorney is involved. Fees will vary from $1500 for very little and simple core cases up to $6500 'No Look" fees that cover or have a couple of real estate properties and or business, auto, taxes, etc. Big advantage is that the attorney fees can be paid monthly as part of the Plan and some districts the attorney is paid before the creditors.

    Not everyone qualifies for C13. Not everyone qualifies for C7; it is a tangled web of Rule, Procedures, and the Process can take months for a C7 or years (up to 5 for C13).....so
    make sure you like the professional you choose. Know them, like them, and trust them.

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  • If one of the title holders filed a chapter 7 does this relinquish his rights on the title of the home.

    There are two on the title of the home does both need to sign on a short sale?

    Stanley’s Answer

    BK Chapter7 does nothing to effect the status of legal title. BK discharges the personal obligation to repay the debt. Only a judge has the power to remove a name from title.

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  • Can I include a 2005 State tax debt in my 2009 bankruptcy that has already been dismissed in 09?

    I just received notice from the State Franchise board stating that I owe for some 2005 tax debt. I am not sure if we filed jointly in 2005, but may have. I filed for bankruptcy in 2009 and was relieved of some Federal tax debts, but this one jus...

    Stanley’s Answer

    The immediate answer is "It depends." Based on the info provided, you are in the ballpark but you will never get up to bat unless this is handled correctly.

    If the numbers are big enough, it may be to your advantage to seek professional counsel. This is on of the most complicated areas of BK practice and for lack of a timely filing you may loose your rights that may otherwise be available.

    Is this is a couple hundred dollars or couple thousand dollars or tens of thousands?

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  • I am thinking filing a Chapter 7, but I just read that if you pay a family member over $600 in the last year it canbe a problem.

    I borrowed $30,000 and $8,000 and have made payments since 2005. Payments are suppose to be $450 per month. I started paying less and in May stopped all payments. This was my elderly mother's source of income. Will they take the money away fro...

    Stanley’s Answer

    Your mother received 'preference' because of the statute definition and presumption of abuse and because you can still pay her after the BK just because she is your mother.

    The statute defines as any payments made to 'family' as a preference regardless of how much you paid the other creditors. This is a policy decision by congress and has nothing to do with being 'fair to you' or Mom...just the way it is.

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  • In a Chapter 7 Bankruptcy, where can I find out what expenses are allowed?

    I have a Sep-Ira that I contribute to when I can. Can that be listed as an average expense on the Schedule J. I meet the Means Test for Income, but my disposable income is $500 and if I deduct the Sep-IRA of $150-200 it would lower the net dispo...

    Stanley’s Answer

    There are lists of forgotten expenses, daily, misc type expenses that eat your pocketbook.

    If you are putting $500 a month in savings then you have listed all your expenses....but if you are unable to pay the minimum on your card and keep your installment payments current then you have probably overlook a few occasional and recurring essential or ordinary and reasonable living expenses...

    http://www.justice.gov/ust/eo/bapcpa/20091101/meanstesting.htm
    (This may give you an idea or two.)

    Call and consult with a BK attny that can go over your personal situation....way toooooo many variables to cover it all here.

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  • I need to prepare a declaration for the chapter 7 trustee as to why / that I haven't filed taxes last year (and other years),how

    When I told the trustee at the meeting that I didn't file taxes because I was unemployed, he said for me to get him a signed declaration. Is there a format or anything specific this must include. Does it need to be on court pleading paper? If a...

    Stanley’s Answer

    You have the form and suggested content of your declaration from above. The attached website will tell you if you meet the requirements or suggested process if you choose NOT TO FILE...

    http://www.irs.gov/individuals/article/0,,id=96623,00.html

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  • Is it ok for me to add a creditor before my discharge? But after 7 months of my petition? Can they sue me?

    I added a creditor to my petition after seven months from the original petition. It was a personal loan with no promissory note> The reason why i didn't add her in the first place was because I had no intention of not paying her back and we were ...

    Stanley’s Answer

    7 months is a long time for C7 - no asset case, BUT whether you add her or not the debt is discharged and she is violating CC1788, the Calif Fair Debt Collection Act prohibits harassment and she is subject to stay violation, $1000 statutory damages, and attorney fees.

    You are in violation of BK rules because you were not truthful, accurate, and complete in NOT LISTING her debt....you do not get to pick and choose who is paid or who is discharged. You signed under penalty of perjury and you knowingly left her off the schedule. 6 months-1 year in jail and $$5000-$10K fine is heavy stuff just because you wanted to be nice to a relative. Judge may not be that harsh but it was not a 'mistake'......you left her off the list on purpose.

    You get the idea?

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  • California. Can i file chapter 7 bankruptcy and keep my home by claiming it excempt?

    I live in calfornia, if I file a chapter 7 bankruptcy can i still keep my home?

    Stanley’s Answer

    C7 will allow you to keep your home subject to your ability to keep current on your payments and to be current at the time of filing....no arrearage.

    If you have equity in the home, the equity will need to be less that the homestead exemption available in the 704 series.....which was most ably provided by the 1st responder.

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