Michael John Primus’s Answers

Michael John Primus

Walnut Creek Chapter 7 Bankruptcy Attorney.

Contributor Level 13
  1. Filing Chapter 7, can I add and discharge payday loans $300 x5 being renewed every other week and latest the week of filing?

    Answered almost 2 years ago.

    1. Michael John Primus
    2. Derek R. Caldwell
    3. Matthew Erik Johnson
    4. Navid Kohan
    5. Michael Frank Chekian
    5 lawyer answers

    You asked if the payday lenders will keep you from discharging the loans? The answer is almost certainly no. While creditors have a right to challenge a bankruptcy, the grounds to do so are very limited and the court fee is $293. I have never had a payday lender challenge a bankruptcy.

    13 lawyers agreed with this answer

  2. What is the deadline to file motion for stay from automatic relief in ch. 7 bankruptcy?

    Answered about 2 months ago.

    1. Michael John Primus
    2. David John Rausa
    3. Stuart Gregory Steingraber
    4. Arash Shirdel
    5. Cindy Lee Hill
    6. ···
    6 lawyer answers

    A chapter 7 is federal law and will forgive most debts. Debts incurred through fraud, embezzlement or willful misconduct can survive IF the creditor files papers (called an adversary proceeding) to challenge the discharge of the debt. Those papers are a lawsuit. Depending on what happened, you may want to file an adversary proceeding. A motion for relief from stay might be used if you want to collect from the contractor's bond or insurance.

    11 lawyers agreed with this answer

  3. Exemption to protect pesonal injury award

    Answered 8 months ago.

    1. Michael John Primus
    2. David Patrick Farrell
    3. Stephen Ross Cohen
    4. Marty Kevin Courson
    4 lawyer answers

    In California there are two exemption schedules, commonly referred to as "703" and "704." The treatment of a personal injury settlement differs between the two. You are allowed to choose the exemption schedule that's best for you. Determining which exemptions to choose depends on your assets and requires further information. One major issue is whether you own a house with substantial equity? Another issue is approximately how much your personal injury settlement will be. Your marital...

    11 lawyers agreed with this answer

  4. Currently 1.5 years in 5 year Ch13 with arrears in the Ch13. Now want to get out of condo, what is best way forward?

    Answered about 1 year ago.

    1. Michael John Primus
    2. Mark Markus
    3. Matthew Scott Berkus
    4. Brian Crozier Whitaker
    5. Joseph Arthur Roberts
    5 lawyer answers

    You have several things to consider. You might modify your chapter 13 plan to provide that you are going to surrender the condo to the lender(s). If you owe more than it's worth that would make sense. If you have some equity you could sell it. If you sell it, most plans say the property will "revest" which means in accordance with a court case called Kendall v. Jones, you get to keep the proceeds. Keeping the condo and renting it to someone else so you can rent a larger home is not illegal...

    11 lawyers agreed with this answer

  5. I have 2 credit cards that I owe $8000.00 total from 2 different banks and a car finances that I let go what should I do?

    Answered about 1 month ago.

    1. David John Rausa
    2. Michael John Primus
    3. Benjamin Richard Heston
    4. Kevin Samuel Sullivan
    5. Kathryn Ursula Tokarska
    5 lawyer answers

    There are several things you need to consider. The first is to determine if you qualify for bankruptcy. Most people in a situation like what you describe will qualify but I need quite a bit on information to say for sure. There is no threshold amount of debt required for bankruptcy. When bankruptcy is the best option is a personal decision. You are young, at least compared to me, so you might be able to work a 2nd job and get through this without bankruptcy. The lawsuit is serious and...

    10 lawyers agreed with this answer

  6. Will bankruptcy remove Writ of Execution?

    Answered 4 months ago.

    1. Michael Raymond Daymude
    2. Michael John Primus
    3. Alan Ray Barnes
    4. Geva Baumer
    5. Dorothy G Bunce
    6. ···
    7 lawyer answers

    The first question to ask is was your old company a corporation, LLC or a sole proprietorship? When you say "old company" what happened to it? If the obligation was only against a corporation, and the corporation was dissolved properly that would resolve it. If, however, the company was a sole proprietorship then it would be one in the same with you personally. Carefully look at the Writ of Execution to see who the creditor is going after. Bankruptcy can forgive debts and essentially make...

    10 lawyers agreed with this answer

  7. Got a letter from Bankruptcy Solution center

    Answered about 1 year ago.

    1. Michael John Primus
    2. Stuart Gregory Steingraber
    3. Scott Benjamin Riddle
    4. Derek R. Caldwell
    4 lawyer answers

    People are routinely solicited for loans and other services after bankruptcy. Carefully review these offers before agreeing to anything. You have a right to a free copy of your credit reports once every 12 months. I suggest using www.annualcreditreport.com because it's the link established by the FTC for consumers. Other sites can get you free credit reports but you end up getting spam email in the future.

    10 lawyers agreed with this answer

  8. What if I can't afford to return my tax return to my bk 7 trustee?

    Answered almost 3 years ago.

    1. Mark Markus
    2. Michael John Primus
    3. Curtis Lamar Harrington Jr
    4. Shannon E Wynn
    5. Anthony Matthew Vassallo
    6. ···
    6 lawyer answers

    The exemption laws are very specific and create bright lines for what a person or couple is/are allowed to keep when filing bankruptcy. That means the court will not consider how much you need the money or the size of your family. The law considers it fair to subject everyone to the same set of known rules. Wish I had better news for you.

    9 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. Are arrears regarding child support dischargeable in ch 7 filing?

    Answered 2 months ago.

    1. Richard Forrest Gould-Saltman
    2. Corinne Rae Coston
    3. Michael John Primus
    4. David John Rausa
    5. Ivan Trahan
    6. ···
    7 lawyer answers

    Child support arrears are never dischargeable. You do not need to file papers or go to court on this.

    9 lawyers agreed with this answer

  10. Attorney claimed to be able to do ch 7 bankruptcy but got me in a world of trouble because of lack of knowledge of bk laws

    Answered 5 months ago.

    1. Michael John Primus
    2. Shaye Larkin
    3. Michael Salanick
    4. Golnar Sargeant
    5. Bruce Clifford Fett
    6. ···
    9 lawyer answers

    Once you file chapter 7 you do not have a right to stop or cancel the bankruptcy. You can ask the judge to dismiss the case but you should not assume the judge will agree to. A chapter 7 trustee is charged with selling assets that are not considered necessary as the law defines necessary. The law is very specific. Hiring an experienced attorney is critical. Wish I had good news for you.

    9 lawyers agreed with this answer

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