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Michael John Primus
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Michael Primus’s Answers

352 total


  • I was in a chapter 11 that was converted to a chapter 7.

    I am now in chapter 7 and I have assets. I paid 100% of my unsecured creditors. The judge had indicated that once this was done, he would dismiss the chapter 7. Now comes the person that foreclosed on one of my properties. He has file a claim ...

    Michael’s Answer

    You can have standing to object to claims if you have a monetary interest in the outcome. Procedurally, you might ask the trustee to consent to you objecting to the claim but I do not think that's required. Perhaps if you call the situation to the attention of the creditor the claim will be voluntarily withdrawn.

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  • Can you have standing even though Judicial Estoppel was denied?

    Excuse the wording, but if Judicial Estoppel is denied because there was no intent to deceive only ignorance in not knowing a future lawsuit is consider an asset does one still have standing to sue? The injury took place 6 months before Ch 7 was f...

    Michael’s Answer

    The short answer is that the trustee essentially owns the claim. You may be able to claim some part of any recovery exempt (necessity of life) but that depends on many things. The trustee can pursue the claim, settle the claim or decide to let you pursue it. You'll need to communicate with the trustee.

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  • Besides at prenuptial agreement, what other legal or tax considerations should I take before marrying someone after he filed Ch7

    My boyfriend is filing Chapter 7 with his soon-to-be ex-spouse (result of a job loss & house under water). Prior to marriage, I plan to have a prenup (I own my home, am financially stable). Besides a prenup, are there other legal or tax concerns I...

    Michael’s Answer

    Once he receives his discharge, his debts are forgiven! At that point you can get married without fear his debts will come back to haunt you. There are certain debts that are non-dischargeable (child support, spousal support, some tax debt, etc.) which he would still owe. You'll want to understand what the result of his divorce is.

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  • Payoff auto loan outside of the chapter 13

    I have one auto loan within Chapter 13 plan which already made 50th payments; the other auto loan is outside of the plan and has 18 months payment remaining (72 months loan). Can I payoff the outside auto loan now? Will that affect my final discha...

    Michael’s Answer

    You can payoff the car at this time and it will not cause a problem with getting the discharge. Another thing to consider is paying off the chapter 13. In Contra Costa County the system will let you payoff a chapter 13 once you get to the 55th month.

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  • When can bankruptcy docs relating to 9/2008 Discharge & Final Decree be shredded &/or otherwise destroyed?

    Chapter 7 Bankruptcy filed in 2008; Discharge of Debtor and Final Decree issued 9/24/08. When can all the documents relating to the case be destroyed?

    Michael’s Answer

    There is no written rule for how long you should save bankruptcy papers. I'd say you're safe to destroy them now. If worse goes to worse, the federal records center will have copies (for a fee) for 40 years.

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  • How do I escape paying for a 2nd frivolous appeal that a bankruptcy debtor keeps filing and naming me as the appellee?

    I am a creditor in a bankruptcy case that was closed at end of February this year. I am owed $500K. The debtor's discharge was denied as a result of fraud and this was due to the trustee and I filing an adversary proceeding and being granted a su...

    Michael’s Answer

    There is no simple way to say, "I just don't want to deal with this." I handle appeals I realize how expensive and time consuming it can be. That said, there are a couple things you should consider regarding these appeals.

    Costs in a Non-Frivolous Appeal – The general rule is that the losing party is responsible for costs incurred by the winner in an appeal. Federal Rule of Bankruptcy Procedure 8014. Costs may be refused where there is not a clear winner. Additionally costs may be refused for various reasons, including the "losing party's limited financial resources." Save Our Valley v. Sound Transit, 335 F.3d 932, 945 (9th Cir. 2003). Costs include copying costs, costs to obtain transcripts, filing fee for the notice of appeal and the cost of a bond if needed to preserve the appeal. Procedurally, a bill of costs must be filed with the clerk of the bankruptcy court .

    Damages and Costs in a Frivolous Appeal – The BAP or district court is authorized to award damages and single or double costs where an appeal is found to be frivolous. FRBP 8020. The district court or BAP may impose “just damages” and single or double costs as sanctions. Damages for frivolous appeal must be sought by noticed motion filed with the district court or BAP; a request in a brief does not constitute adequate notice.

    Hope this helps.

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  • Chapter 7. If I made "preference" payment to bro of $2,000.00; Can a preference payment be listed and exempted to prevent unwind

    If someone made a payment to a friend, relative, creditor or whatever; Is it possible to list that as property and exempt it (wildcard) to prevent the trustee from demanding that money back?

    Michael’s Answer

    The exemption laws do not allow you to claim exempt (meaning necessity of life) things you voluntarily transferred. The result is that you can't prevent the trustee from claiming that money. Some pre-bankruptcy planning might have fixed it but it you have filed it's too late to do anything.

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  • Am I eligible for a chapter 13?

    I bought a home and my sister cosigned. I have a disability ad cant work right not and applied for Cal ST Disability and SSDI. I am six months behind on my house payments. If I file for a chapter 13 can I put the arrears into the payment plan? ...

    Michael’s Answer

    Filing Chapter 13 gives you the opportunity to cure the arrears through a plan over as much as 60 months. The Fair Credit Reporting Act requires that only truthful and accurate statements be reflected on a credit report. As for your sister, her credit will show she is the obligor on a mortgage that is 6 months delinquent as things are now. If you file bankruptcy her credit could reflect that the mortgage was included in a bankruptcy. Her credit would not say she filed bankruptcy.

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  • I filed a Chapter 13 bankruptcy. I took my credit counseling course after I filed. Will my case be dismissed?

    I filed a bankruptcy in Riverside. I did not file a credit counseling course nor take one at the time of filing because I did not know I had to. I got assigned to Meredith Jury. I filed my certificate, and took the course, after I got a deficien...

    Michael’s Answer

    Your case will likely be dismissed for failure to complete the counseling course prior to filing. There are a few cases where judges have allowed a case to go forward under circumstances like yours. You may want to take a look at the bankruptcy case entitled In re Manalad, 360 B.R. 288 (Bankr. C.D. Cal. 2007). You should be able to find it by googling the citation. That case was before a different judge but is helpful. If the case is dismissed, you can file again.

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  • How much will the interest rate on my car change in a chapter 13?

    I have a CalPers Pension net is 2408 a month. I have SSDI 2150 a month. I owe 18000 in taxes and 16000 on my car which is a 22 percent interest rate. The car is an 05. I bought the car used in October 2014. Will the interest rate s...

    Michael’s Answer

    Chapter 13 will not lower the interest rate on a car unless the car was purchased 2.5 years before the filing of chapter 13. The chapter 13 plan payment is determined by many factors. Returning the car would not automatically increase your plan payment. Chapter 13 is not a DIY project.

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