Darcel Andrel Lobo’s Answers

Darcel Andrel Lobo

Seattle Bankruptcy Attorney.

Contributor Level 9
  1. Are the rules governing credit union financing different than car co financing in a chapter 7 bankruptcy case?

    Answered over 3 years ago.

    1. Dorothy G Bunce
    2. Darcel Andrel Lobo
    3. James C Underhill Jr.
    3 lawyer answers

    Regardless of what state you file in or what state your creditor is in, once you file for Chapter 7 bankruptcy the Automatic Stay immediately goes into effect and your creditors cannot contact you to collect. You want to ensure that you properly listed them as a creditor. If you did, and they are violating the Automatic Stay, you should contact a bankruptcy attorney.

  2. Debts discharged in CH 7 including mortgages 1 & 2. Tried to keep paying but have fallen behind. Should I walk away

    Answered over 3 years ago.

    1. Robert Parkinson Taylor
    2. Dorothy G Bunce
    3. Darcel Andrel Lobo
    4. James C Underhill Jr.
    4 lawyer answers

    As you may already understand, you are no longer personally liable for those mortgages. You can continue to try to make payments on the mortgage or continue living there without paying the lenders, but at some point they will eventually foreclose. If you vacate the property, you could be creating additional risks for yourself, as the house is still legally yours until it is repossessed by the lender. Either way, it would be in your best interest to ensure that the property has insurance. If...

  3. What is the first step in chapter 7?

    Answered over 3 years ago.

    1. Dorothy G Bunce
    2. Christopher Frederic Ikerd
    3. Darcel Andrel Lobo
    3 lawyer answers

    If you go to your bankruptcy court website (dependng upon where you live), they should have all of the forms you need online. You can print those forms and review them, so that you know what inormation you will need. You can fill out the forms by hand, no need to type them. You'll also need to complete the pre-filing counseling course, many companies allow you to complete them online or over the phone. Also, after you've filed, you can go back and file an amendment to make any corrections or...

  4. Hi, I had a mortgage that was included in a chapter 7 bk. The bank who held the note was shut down by FDIC and never foreclosed

    Answered over 3 years ago.

    1. Christopher Frederic Ikerd
    2. Brian Thomas Canupp
    3. Darcel Andrel Lobo
    3 lawyer answers

    They can proceed with the foreclosure proceedings, but they cannot pursue you personally. You should contact your bankruptcy attorney if you had one. Then it should be verified whether or not the collection agency is the true owner of the note. If so, then you can send them a copy of your bankruptcy discharge. If that doesn't do you any good, you should then proceed with an attorney to sue them for violation of the discharge.

  5. After filing a chapter 7 bancruptcy ---if I don't show up for the creditors meeting can I be arrested?

    Answered over 3 years ago.

    1. Seth Alan Rosenberg
    2. Andrew Keum
    3. Russ William Ercolani
    4. Darcel Andrel Lobo
    4 lawyer answers

    No you won't be arrested. The court will ultimately dismiss your case. Such an involutary dismissal means that you can't re-file fo bankruptcy again for at least 180 days.

  6. In chapter 7 bankruptcy. Ex owes back child support/alimony. How does affect my papers/case.Realize what he actually pays=income

    Answered over 3 years ago.

    1. Mitchell Reed Sussman
    2. Joseph Torri
    3. Dorothy G Bunce
    4. Darcel Andrel Lobo
    4 lawyer answers

    For both Schedule I and your Means Test, you would use the amount that you actually receive from your ex, not what he is supposed to be paying. There is a section on both of these forms for this additional income, it wouldn't be listed in the income from wages section.

  7. Could I be responsible for payment of my home owners insurance and property taxes after chapter 7?

    Answered over 3 years ago.

    1. Frank Wei-Hong Chen
    2. Henry Daniel Lively
    3. Charles Ross Smith III
    4. Darcel Andrel Lobo
    4 lawyer answers

    While I agree with the third answer, please keep in mind that the property is in fact still in your name until the lender repossesses. That being said, you could still be liable or anything that happens on the property since it is your home. If someone gets hurt on the property, if it's damaged somehow- fire, theft, etc- it's still your house. Without home insurance, you may be taking a huge risk and liability.

  8. I filed Chapter 7 seven years ago, some debts were challenged, so it wasn't just a simple case now I owe the attorney $8500.00

    Answered over 3 years ago.

    1. Malcolm Wallace Ruthven
    2. Dorothy G Bunce
    3. Darcel Andrel Lobo
    4 lawyer answers

    Generally, at least in Washington, attorneys handle Chapter 7 bankruptcies on a flat fee basis. But I, and most other attorneys I know who practice bankruptcy law, have a section in their retainer agreement for "services not covered." In this section are any adversary proceedings. Depending on the number of objections (if any), your attorney mat have billed you at an hourly rate for the work he/she did in representing you in these lawsuits from your creditors. You need to follow up with your...

  9. I filed Chapter 7 seven years ago, some debts were challenged, so it wasn't just a simple case now I owe the attorney $8500.00

    Answered over 3 years ago.

    1. Malcolm Wallace Ruthven
    2. Dorothy G Bunce
    3. Darcel Andrel Lobo
    4 lawyer answers

    Generally, at least in Washington, attorneys handle Chapter 7 bankruptcies on a flat fee basis. But I, and most other attorneys I know who practice bankruptcy law, have a section in their retainer agreement for "services not covered." In this section are any adversary proceedings. Depending on the number of objections (if any), your attorney mat have billed you at an hourly rate for the work he/she did in representing you in these lawsuits from your creditors. You need to follow up with your...

  10. I was evicting a tenant who filed Bankruptcy. How am I able to proceed with the eviction?

    Answered over 3 years ago.

    1. Frank Wei-Hong Chen
    2. Alan Kan
    3. Darcel Andrel Lobo
    3 lawyer answers

    Yes, you need to file a Motion for Relief from Automatic Stay. Once that has been granted, you can then proceed with the eviction for the purpose of regaining your property. In regards to any rent owed to you, you'll need to file a Proof of Claim. You may or may not receive anything if it's a Chapter 7.