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Darcel Andrel Lobo

Darcel Lobo’s Answers

39 total

  • In Washington State should I answer a Declaration for writ of Garnishment for Continuing Lien on Earnings (60 days)?

    My X was granted an attorney fee judgment against me during our divorce proceedings. I haven't had the money to pay her and I'm a retiree receiving Railroad Retirement, and two small private Railroad pensions. I believe all (3) are exempt from g...

    Darcel’s Answer

    You certainly want to respond; along with the Writ documents should be a document regarding any exemptions that you claim as to your assets. You should complete that form so as to protect your exempt assets. If you don't have an attorney representing you, you should at least see one in regards to the documents described above to ensure that you protect yourself.

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  • Chapter 13 bankruptcy and workers compensation settlement.

    I am currently more than halfway thru a 36 month chapter 13 bankruptcy and am on disability. I filed a workers compensation case 9 months ago and am close to a settlement. I am told that my comp settlement will reduce the amount of my monthly disa...

    Darcel’s Answer

    You will need to have your plan and schedules amended to reflect the payment and the change of income. The reduction of your monthly benefits will likely affect the disposable income that is paid into your plan. It is certainly in your best interest to consult with an attorney in your state if you don't already have one, in regards to what will happen with your settlement.

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  • Adding someone to my house deed and change my name at the same time.

    i need to add my husband to my house deed and change my name at the same time. i am wondering what supplemental documents i need along with quit deed form, and what the procedure will be. can i do it by myself or i need a lawyer to do...? thank...

    Darcel’s Answer

    I don't believe that one quit claim deed is appropriate. You should first do a quit claim deed to transfer the title from your current name to your new name, along with the excise tax affidavit. Use WAC exemption WAC 458-61A-211 for the name change. If you are adding your husband on to title (new marriage), you can use exemption WAC 458-61A-203. No supplemental statement is needed unless the transfer is a gift.

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  • Can the court or Trustee take our only asset which is a car that is paid off and is worth $8500.

    We are both listed as the owners of the vehicle but I am not filing Chapter 7, only my husband. We would like to sell the car because of it not getting good gas mileage and some repairs are needed. How does the court work it out when I am listed...

    Darcel’s Answer

    You'll need to check your state's exemption laws in regards to your vehicle. You may be able to exempt the car so that it will not be sold in your bankruptcy. I'd advise that you contact a bankruptcy attorney in your area in regards to ensuring that you have an accurate value for the vehicle and that it is properly exempted, if possible.

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

    I live in Florida and have 2 mortgages on my home. I plan on filing chapter 7 BK and will include both notes in the BK. Can either bank attempt to collect any monies once discharged?

    Darcel’s Answer

    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 filed for bankruptcy.

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

    In June of 2010 I was laid off with my employer owing me over $12,000 in wages and over $1,000 in expenses. When she refused to stick to the agreed upon payment plan I contacted an attorney who first sent a collections letter for the wages and exp...

    Darcel’s Answer

    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.

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  • 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.

    Should she now file

    Darcel’s Answer

    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.

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  • 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

    I would like to take some money out to make a downpayment on a home. This is part of my idea of getting a fresh start...the case is closed, but I want to make sure that any move I make doesn't cause me trouble in the future.

    Darcel’s Answer

    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.

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  • 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

    My bank statement of $50.00 that I filed with my ch 7 bankrupcy is going to be short $11.00 for a check that had not cleared. Will the trustee expect me to have the $11 to pay when I get to the hearing?Am I in trouble because of this ?

    Darcel’s Answer

    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.

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

    When I bring my bank statement to trustee, what does that mean? Does he want that money right then?Even if I only have $50 will he want it?

    Darcel’s Answer

    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.

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