John Addison Vos’s Answers

John Addison Vos

San Rafael Bankruptcy Attorney.

Contributor Level 15
  1. My Lawyer calls me back on the weekends?

    Answered about 2 years ago.

    1. Howard M Lewis
    2. Paul Y. Lee
    3. Barry Franklin Poulson
    4. John Addison Vos
    5. Jessica Ann Foley
    6. ···
    6 lawyer answers

    Most people complain that their lawyer does not call them back. You are lucky yours calls you on the weekends, when you are move likely to be home and more likely to have time to talk about your case with her. But no, you do not have to return her calls. Ignore her if you wish. (who is paying for her bill?)

    18 lawyers agreed with this answer

  2. How to choose between chapter 7 or 13 Bankruptcy? Can we keep our home, do we lose our family vehicle that is financed?

    Answered about 2 years ago.

    1. John Addison Vos
    2. Cassandra M. Porter
    3. Bradford Darrin Calvin
    4. Steven Anderson Leahy
    4 lawyer answers

    Please do not be penny wise and pound foolish. Regularly I see people in bankruptcy court trying to go it alone, losing their valuable assets, when they easily could keep things. Since you have a house and also want to keep your car, probably a Ch13 would accomplish that. Counsel in your are offer free initial consultations and can discuss options, strategies, and costs with you. Please do so sooner, as time may be of the essence.

    13 lawyers agreed with this answer

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  3. I have no assets and am being sued for credit card debt. My only income is direct deposit social security and military pension.

    Answered about 2 years ago.

    1. Brian S Wayson
    2. Frank Wei-Hong Chen
    3. Donnie Dac Ho
    4. Tom Arany
    5. John Addison Vos
    6. ···
    6 lawyer answers

    In fact, I'd be amazed if you actually are being sued at all, since you have been overseas for 7 years. Social security is exempt. Do they even know about the pension? You can defend the suit, if there really is one, without having to travel nor leave Thailand. Isn't our modern world wonderful?!

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  4. Old creditor after bankruptcy discharged

    Answered about 2 years ago.

    1. John Addison Vos
    2. Paula Brown Sinclair
    3. Frank Wei-Hong Chen
    4. Steven Anderson Leahy
    4 lawyer answers

    Yes, what you heard is indeed true. The applicable case is In re Beezley. Simply write the landlord a nice letter with a copy of your bankruptcy discharge informing him that he is covered by it. I suggest sending certified mail, return receipt requested. Also, I suggest you file a copy of your bankruptcy discharge with the Court Clerk where the landlord has obtained the judgment.

    12 lawyers agreed with this answer

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  5. Chapter 7 Bankruptcy and IRS Tax penalties for "cancellation of debt"?

    Answered about 2 years ago.

    1. John Addison Vos
    2. Christopher Michael Larson
    3. Douglas Jay Lineberry
    3 lawyer answers

    No. Debt is not actually cancelled in Chapter 7. Instead it is just 'frozen'. So, therefore, you owe not taxes as a result of your Chapter 7 filing. However, just in case the bank makes an error and sends you a 1099-C at the end of the year, you can file an IRS form 982 which explains that you filed Ch7 bank and the 982 then in effect 'cancels' the 1099-C. Good luck in your future. And remember to mark this as a good answer if you think it is.

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  6. Does a collection agency need to produce a signed contract in order to sue me for credit card debt?

    Answered about 2 years ago.

    1. John Addison Vos
    2. Frank Wei-Hong Chen
    3. Richard Scott Lysle
    4. Rixon Charles Rafter III
    4 lawyer answers

    In order to win in court they need your signature on a contract. I win such cases all the time on that 'technicality'. Probably they do not have it. However, they can harass and call you without have the contract in hand. Keep writing back contesting the debt. Like playing Tennis?

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  7. Can I Sue My Landlord for Trespassers Who Hurt My Family?

    Answered about 2 years ago.

    1. John Addison Vos
    2. Frank Wei-Hong Chen
    3. Scott Robert Rights
    4. Christian K. Lassen II
    5. Daniel Malis
    6. ···
    6 lawyer answers

    You may have a good case. Seek advice from a personal injury attorney in your Southern Alameda county area immediately.

    9 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. If one has filed bk chpt 7, what step should be done if some additional income comes in?

    Answered about 2 years ago.

    1. John Addison Vos
    2. Steven Anderson Leahy
    3. Shannon E Wynn
    3 lawyer answers

    As Mr. Leahy points out, income from selling stuff after your Ch 7 filing is perfectly acceptable. Think of it as a snapshot photograph of you on a certain date - the date you filed. What is in the picture you keep. And, trading one item (car) for another (money) does not change your overall net value. The whole point of Ch7 is to discharge debts, draw a line in the sand, and move on. Walt Disney once was bankrupt, and now look at him/his empire. Best of luck to you.

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  9. Motion to have federal tax lien removed after Chapter 7 bankruptcy?

    Answered over 2 years ago.

    1. John Addison Vos
    2. Christopher Michael Larson
    3. Stephen M Trezza
    4. Michael J Corbin
    4 lawyer answers

    There is no motion in the bky court process to remove an IRS lien. The IRS lien is a statutory lien. The bky process to remove a lien is for judicial liens, not statutory. However, the IRS internally does remove liens. Just ask. If the remaining assets subject to the lien are of inconsequential value, then can remove the lien. Also, keep in mind that if the tax itself is discharged, then the lien will just expire after time. After 30 years in practice, often this is what we do - just let the...

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  10. Considering filing 4 chapter7 bankruptcy. I have an active LLC. I am only member. It is my only income. How will this b treated

    Answered about 2 years ago.

    1. John Addison Vos
    2. Frank Wei-Hong Chen
    3. Arash Shirdel
    4. Bradford Darrin Calvin
    4 lawyer answers

    Your ownership of that business is an "asset". In Ch 7 you can keep some assets. How much depends on what it is worth. You can guess, or you can retain a business appraiser to render an opinion as to the present value of your ownership of your LLC. If you owned shares of IBM or Google, for example, valuation is easy - they are listed on the stock exchange. Closely-held businesses are harder to value. It may depend on several factors such as monthly income, whether key people (such as yourself)...

    9 lawyers agreed with this answer