Jeffrey Daniel Larkin's Answers (993)

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I want to file for Chapter 7. Income level for the state is above the median, but I passed the means test.

Jeffrey's answer | Answered on June 15, 2009

Your 401k is fully exempt and if there is no equity in your home then you do not need to exempt it to keep is safe from creditors. If you are...

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Chapter 7 Homestead Exemption - How long do you have to live in your residence to claim an exemption?

Jeffrey's answer | Answered on June 15, 2009

You must have an intent to make the condo your primary residence and cannot be moving there just for the benefit of your homestead. While it is...

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When I file bankruptcy will the creditors or trustee be able to take money out of a joint bank account

Jeffrey's answer | Answered on June 15, 2009

If you are filing chapter 7 and the money that is in your account on the date of filing is exempt then it will be protected and not taken in the...

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If filing for Bk, is it necessary to still list all your debts?

Jeffrey's answer | Answered on June 13, 2009

Yes you need to list all debts, even debts you want to continue to repay. LEGAL DISCLAIMER Mr. Larkin is licensed to practice law in CA and is...

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How can i get a collection to stop calling me even though the sol has been passed???

Jeffrey's answer | Answered on June 12, 2009

Send them a certified letter advising them the statute has expired and give them the applicable code section. Keep sending them until you have 3-4...

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We closed our S corp and still owe money. Do we need an attorney to do a bankrupcy?

Jeffrey's answer | Answered on June 12, 2009

If you have personally guaranteed any debts then you should seek bankruptcy protection if you cannot pay them but if all in the corporate name a...

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Can I file bankruptcy on a court order restitution in Calif?

Jeffrey's answer | Answered on June 12, 2009

No. LEGAL DISCLAIMER Mr. Larkin is licensed to practice law in CA and is located in San Diego. His response here does not constitute legal...

Archived

I made the mistake of co-signing for my brothers car which is paid in full but i want to get my name taken off the car. how do i

Jeffrey's answer | Answered on June 12, 2009

Sign the required documents at DMV to transfer title to him and to release you of liability. LEGAL DISCLAIMER Mr. Larkin is licensed to...

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My car loan is joint with husband.we are now sseperated and I want to pay it off. Can i get the title in my name only?

Jeffrey's answer | Answered on June 12, 2009

If he is on the registration/loan he will need to sign off LEGAL DISCLAIMER Mr. Larkin is licensed to practice law in CA and is located in San...

Archived

My chapter 13 is getting ready to be dismissed for being in arrears. Can I keep my house once it is dismisses

Jeffrey's answer | Answered on June 12, 2009

Yes. LEGAL DISCLAIMER Mr. Larkin is licensed to practice law in CA and is located in San Diego. His response here does not constitute legal...

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