Skip to main content
Carl H Starrett II

Carl Starrett’s Answers

1,510 total


  • Since the debt was listed as unsecure and BB&T didn't contest it do the still have a right to there lien

    I has a ELOC with BB&T when my lawyer file the chapter 7 papers BB&T was listed as a unsecure Debt the court approve the chapter 7 the debt was wiped out but was told there still a lien

    Carl’s Answer

    First, Chapter 7 cannot be used to remove a voluntary lien on real property. Second, the notice of the bankruptcy that the court sent to BB&T would not have contained any type of notice that you listed the debt as unsecured. it is unlikely that BB&T even knew that part. Unless you have other facts to share, it sounds lie their retain their lien even if your personal responsibility for the debt was wiped out.

    See question 
  • Can I include criminal restitution with other debt when filing bankruptcy?

    I'd like to know if criminal restitution fees would be able to be included with my other debt before I attempt to file bankruptcy. My old criminal attorney said it's possible, but he doesn't specialize in bankruptcy so I'm not sure if he is correct.

    Carl’s Answer

    Under the bankruptcy code (11 U.S.C. Section 523(a)(7) and the precedence set by a 1986 US Supreme Court Ruling (Kelly v. Robinson, 479 U.S. 36) criminal restitution payments cannot be discharged in bankruptcy. However, they can be paid over time in a Chapter 13 bankruptcy .

    See question 
  • Hello i have filed for a chapter 7 bankruptcy and i have a date for sept 9 how can i get a continuance ?

    i have filed for chapter 7 bankuptcy and want more time to get some things in order my date meeting with trustee is Sept 9 but i want more time how can i do this ? I live in wylie tx in collin county i filed in eastern district federal court

    Carl’s Answer

    Attendance is mandatory, so you need to contact the trustee if you want more time.

    See question 
  • I was just served with Notice of lodgment in support of motion for contempt and sanctions? No MSC or court date.

    I was just served, by mail, a notice of lodgment and support for motion for contempt and sanctions. The documents did not include a motion to show cause or an RFO. However, I was served, by mail, three months ago with these exact same exhibits,...

    Carl’s Answer

    You should hire an attorney and review the court's file to see when the hearing date is. It wouldn't be the first time a pro per party failed to give proper notice of a hearing date to their opponent.

    See question 
  • My boyfriend got sentenced 7ys with 85% for conspiracy robbery and his gonna appeal.

    He went to a gas station and stold 2 12pcks of beer and his friend just happen to be in the gas station. Just bc they said hi too eachoth the DA said it was a conspiracy. As my boyfriend left the gas station the clerk told the friend are I payin...

    Carl’s Answer

    Your boyfriend needs to hire an attorney who specializes in appeals.

    See question 
  • Small Claims Punitive Damages: Request it? Or Hope for it?

    Do I request punitive damages for bad faith in my Small Claims Form or just hope the Judge will award them on his own? So far my research keeps pointing to "The Judge cannot award you more than you ask for but can award you less. . . " etc.

    Carl’s Answer

    Your research is correct in that the judge generally won't give you more than you ask for in the papers you file to the small claim lawsuit. There are times where a judgment might allow an amendment to the claims, but I wouldn't count on it. If you don't ask for them at trial, the judge won't award them. Punitive damages are rarely awarded in small claims.

    See question 
  • Can I take legal action against a Veterinary for neglect leading to death of loved pet

    Around 9/28/2015 My fiance took both our cats Sherman & Smokey to the vet for a bath, the reason we wanted "professionals" to do this is because our cat Smokey hates baths. We took them to the same veterinary where we always go. About 2 hours late...

    Carl’s Answer

    I'm sorry for your lost. However, pets are generally considered property under California law and you generally cannot recover emotion distress for the loss of a pet: http://www.sanfranciscoinjurylawyerblog.com/2012/10/california_case_defines_the_li_1.html

    Also, suing someone for professional negligence requires expert testimony from another professional in the same field. The necropsy wasn't exactly definitive, so your chances of success don't seem good. You would need another vet to testify that your vet was negligent.

    See question 
  • Can I settle this matter in small claims court and get money back?

    I gave an owner of a business 1,150.00 repairs on my motorcycle. I later declined to the repairs done before he began working on the motorcycle. I asked to return the parts and receive my money back. He declines to tell where he purchased the part...

    Carl’s Answer

    You certainly have the right to sue and try to get your money back. You haven't provided enough information for me to predict if you will win or lose. Send a letter demanding the money back within 7 days. if that doesn't happen, file a small claims lawsuit.

    See question 
  • Can the defendant request damages at time of judgment if they win the small claims case?

    I am the Defendant in an upcoming Small Claims case which I should easily win - the Plaintiff is simply harassing me with the suit and I have all the evidence needed to defend myself against his claim. It is pretty clear that his current suit a...

    Carl’s Answer

    What you are talking about is essentially a claim for abuse of process or malicious prosecution and that's ot allowed in small claims court. At the time of trial, the judge might be convinced to award you expense such as the flight and hotel, but NOT the lost wages. What you probably should have done is ask for venue to be changed to San Francisco.

    See question 
  • Can I RE-open my discharged Chapter 7 bankruptcy?

    Discharged Chapt 7 -July 2015. I told the Lawyer from the beginning my main thing was to PROTECT my home 4 me! I have NEVER been late. He wouldn't answer my specific q's about re-affirming it & whether that should be done/what that meant etc......

    Carl’s Answer

    I don't know any bankruptcy judge that would allow you to reaffirm a mortgage debt and i certainly would never sign one for a client. You should find another lender.

    See question