Darcel Andrel Lobo’s Answers

Darcel Andrel Lobo

Seattle Bankruptcy Attorney.

Contributor Level 9
  1. My bank statement that I filed with my ch 7 bankrupcy says I have $50.00 and then I found out an $11.00 check had not been clear

    Answered about 4 years ago.

    1. Charles Ross Smith III
    2. Dorothy G Bunce
    3. Darcel Andrel Lobo
    3 lawyer answers

    When debtors are filing pro se, things like this are bound to happen. It's very unlikely that the Trustee would seek the additional $11. It's not worth the extra work it would cause for him/her. Also, you don't bring money to your 341 hearing. A typical hearing entails the Trustee verifying the information that you provided in your Schedules.

    1 person marked this answer as helpful

  2. At a court trustee chapter 7 bankrupcy hearing, do you have to give them money?

    Answered about 4 years ago.

    1. Charles Ross Smith III
    2. Robert Jan Suhajda
    3. Darcel Andrel Lobo
    3 lawyer answers

    The Trustee will review your bank statements and compare them to what you claimed on Schedules B adn C of your petition. You will not be paying any money at your 341 hearing. however, if you had more funds in your bank account then what you actually disclosed in your Schedules, then the Trustee may seek to collect those funds which were not exempt and use them to pay creditors.

    1 person marked this answer as helpful

  3. After Bankruptcy

    Answered about 4 years ago.

    1. Dorothy G Bunce
    2. Darcel Andrel Lobo
    2 lawyer answers

    I'm a little confused of what your actual question is. But, if you're asking whether or my your 2010 tax refund is subject to your bankruptcy, from the facts you've provided, the answer is no. Since you filed back in October 2010, you were not entitled to a tax refund for the 2010 year until 2011. As such, your 2010 tax return is not an asset of your bankruptcy estate. You should be receiving your tax refund and it should not be witheld.

    1 person marked this answer as helpful

  4. What will happen to my tax return money?

    Answered about 4 years ago.

    1. Darcel Andrel Lobo
    2. Henry Daniel Lively
    3. Dorothy G Bunce
    3 lawyer answers

    Your tax return should have been listed in Schedule B as your personal property and exempted in Schedule C according to the exemptions in your state. Since you filed in January, you were entitled to receive your 2010 tax refund even though you may or may not have filed for it at that time. Speak with your attorney about amending your bankruptcy petition to show the tax return and exempt it. It shouldn't be a problem. You can amend your bankruptcy anytime before you receive your discharge.

    1 person marked this answer as helpful

  5. Can mortgage co try to collect after ch 7 bk in florida?

    Answered about 4 years ago.

    1. Lewis Matthew Roberts
    2. William W. Gwaltney
    3. Sami Thalji
    4. Darcel Andrel Lobo
    5. ···
    6 lawyer answers

    None of your creditors can attempt to collect from you once you receive a discharge. You can surrender the home in the bankruptcy if you wish; it is up to you. There is no "re-affirming" mortgages on real property; at least not in Washington. If after the bankruptcy you wish to try and keep your home you can continue to voluntarily make payments. If you continue to default then the bank has the right to repossess through a foreclosure. The bank is not entitled to a deficiency since you have...

  6. My employer didn't include wages and expenses owed to me in her chapter 7 bankruptcy filing, should I file a proof of claim?

    Answered about 4 years ago.

    1. Charles Ross Smith III
    2. Dorothy G Bunce
    3. Darcel Andrel Lobo
    3 lawyer answers

    You certainly should file a proof of claim, and should do so asap. While in most chapter 7 bankrupties there aren't any assets to distribute, ou never know for sure unless you file your proof of claim.

  7. I filed for bankruptcy {chapter 7] I forgot my wife co-signed a loan they are trying to get her to pay what are my options.

    Answered about 4 years ago.

    1. Michael Hal Schwartz
    2. Charles Ross Smith III
    3. Dorothy G Bunce
    4. Darcel Andrel Lobo
    4 lawyer answers

    You should check your community property laws in your state. In Washington, when one spouse filed for bankruptcy it discharges their seperate debts along with all community debts. If this is the case in your state, the creditors are in violation of the automatic stay.

  8. Was discharged chapter 7 about 6 months ago. Is it okay to now take money from my 401(k) to make large purchase. 401(k) exempted

    Answered about 4 years ago.

    1. Dorothy G Bunce
    2. Charles Ross Smith III
    3. Darcel Andrel Lobo
    3 lawyer answers

    Yes, since your bankruptcy has been discharged you can withdraw from your 401k. But as the previous attorney stated, you may want to re-think using your retirement as a down payment on a home.

  9. Post chapter 7?

    Answered about 4 years ago.

    1. Dorothy G Bunce
    2. Mark Markus
    3. Darcel Andrel Lobo
    3 lawyer answers

    You need to contact a bankruptcy attorney immediately; as the asset was not disclosed in your bankruptcy. It is likely that you will have to re-open your bankruptcy case and exempt the $14,000 (or what the value would have been at the time of filing) to the extent that you can exempt it.

  10. Can I add a lawsuit to my assets after I went to the creditor meeting? It was listed on the petition in a different section.

    Answered about 4 years ago.

    1. Ofer Shmucher
    2. Thomas A McAvity
    3. Dorothy G Bunce
    4. Darcel Andrel Lobo
    4 lawyer answers

    Yes, you need to list the asset in Schedule B and exempt it in Schedule C. You should do it immediately. Hope this helps!