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Carl H Starrett II

Carl Starrett’s Answers

1,438 total


  • Which state exemption rules would I use in this CH 7 situation?

    Considering Ch 7 BK. Which state exemption will I fall under? Resident in CA from 01/2012 to 01/2014. Resident of AZ from 01/2014 to 10/2015. Resident in CA from 11/2015 to current. Thank you in advance.

    Carl’s Answer

    If you haven't lived in the same state for the last 2 year, then you have to use the exemptions of the state where you living for the majority the 180 day (6 month) period prior to the two years preceding your bankruptcy.

    I'm answer this question on June 13, 2016 and you spent portions of the last 2 years on Arizona and California. So, we need to look and where you lived in the 180 days prior to June 13, 2014. During most of that period, you lived in Arizona. However, you have to be a resident of Arizona to use the Arizona exemptions.

    Confused? You should be. You can't use Arizona because you don't live their and yet California opted out of the federal exemptions. So where does that leave you? Believe it or not, you can use the federal exemptions.

    Honestly though, don't try this on your own. Get an attorney.

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  • Can my outstanding tax debt be included in my bankruptcy?

    I am a licensed insurance broker, and I did not file income taxes from 2011 - 2014. I received notification from the IRS that I owe $144,000 unpaid taxes.

    Carl’s Answer

    There are some complex rules about discharging income tax debt, but you are not yet in a position to qualify. You'll need to get your returns up to date and wait at least 2 years before any of the tax debt would be dischargeable.

    You need a CPA and a good bankruptcy attorney for further advice.

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  • Can the Judicial Branch and/or Judges be sued under the UCL?

    Please no laughing. An honest question. Small Claims Court never give, in their judgments, the actual law that the case is being decided on. That means that the parties are never able to use the other available legal documents that small claims...

    Carl’s Answer

    • Selected as best answer

    As other have correctly noted, the statute itself and the doctrine of judicial immunity protect judges from being over the decisions you make. You are limited to the appellate process, with is obviously limited by design in the small claims court.

    A friend of mine use to be a staff attorney at the small claim advisers office when the local courts had the budget for that service. He told me that small claims judges will do what they think is "right" because they don't have to provide written justifications for their rulings. They aren't required to provide the law. it is designed that way to keep costs to the litigants down.

    If you have complex issues that aren't necessarily easily decided. sometimes, you are better off in superior court instead of small claims.

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  • If house has not been through probate can you file bankruptcy on the mortgage?

    My father passed away and he is the only one on the deed of the house. I'm aware that my brother and my dad's wife have to be put on the deed to sell the house per the intestate laws. My step mom is considering bankruptcy because she is the cosig...

    Carl’s Answer

    Your stepmother's decision to file for bankruptcy is her own and you cannot interfere with it. Whether the house would be at risk depends on the available exemptions and what type of bankruptcy she intends to file.

    You and your brother should see an estate planning attorney about moving along the probate process. It maybe possible to save the house, but you should consult an attorney ASAP.

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  • Can a lawyer charge additional fee after the trustee case is closed?

    I hired a bankruptcy lawyer for chapter 13 six years ago. My first initial visit she said the cost will be $3500 , no hitting fees and now after six years the lawyer wants to charge an additional fee for work that was done during to case was open....

    Carl’s Answer

    You probably signed something calls a Rights and Responsibilities Agreement that sets forth what services were included in the initial fee and what services might be considered extra working during the court of you Chapter 13 case. It maybe have looked like this: http://www.cacb.uscourts.gov/sites/cacb/files/documents/forms/F3015-1.7RARA.pdf.

    Attorneys often do extra work on a Chapter 13 case what wasn't anticipated at the time of filing. If you object to the request for additional fees, you'll need to file the proper paperwork with the court so the judgment can make a ruling on the fees.

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  • Should I call the Lender about a foreclosure settlement or should my attorney?

    I am in foreclosure and also in bankruptcy chapter 7. I feel that it would be smarter to have my attorney call the Lender/Servicer, but he wants me to call them instead. I would think that an attorney would be better able to relate important inf...

    Carl’s Answer

    To be honest, it sounds like your attorney doesn't want to be involved. Your attorney presumably present told you about using Chapter 13 bankruptcy to get up on the mortgage and it sounds like you chose Chapter 7 instead. You are asking the attorney to perform additional services and he or she might not be comfortable providing them.

    Once the court enters the discharge order, the automatic stay would be lifted anyway. i would either contact the lender or look for another attorney that is willing to provide loan modification services.

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  • I won a case against employeer in superior court documents there's something called a assignment of judgment I'm wondering what

    That is. What is an assignment of judgment. I've already eon, it's past time for any contest.. the labor board is collecting it bit I noticed in the roa there was an assignment of judgement filled out by defendant. What is that

    Carl’s Answer

    An assignment of judgment is when the judgment creditor turns over their rights to collect the judgment to someone else, usually a collection agency. It sounds like the labor board is trying to collect for you.

    Are you sure it was filled out by the defendant/judgment debtor? It sounds like you might have typed the wrong info.

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  • How do I get an ACH reversed

    Until 2013 I used a firm to do may payroll and taxes. Have not used him since. In April of this year, this firm ran a payroll and took $9000 out of my business account. After multiple emails asking him, he simply responded by saying it was per...

    Carl’s Answer

    Contact your bank to see if this unauthorized transaction can be reverse. If not, file a small claims lawsuit.

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  • How much interest is owed on judgement that states 7% per year from date of judgement if it's been 6 months?

    Paid debt in full but am being told still owe interest on debt. Judgement says 7% per year from date of judgement but only been 6 months.

    Carl’s Answer

    Well, it depends on how interest on judgments is calculated in your site. In California where practice, you can take the yearly interested and divide it by 365 to get a daily rate. If the judgment was for $5,000, 7% is 350 per year or a little under 96 cents per day. For 6 months of interest, you might looking at around $175.

    The laws in your state, including calculation of interest, might be different.

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  • Can I sue the mortgage company

    Our home was sold at auction yesterday our loan was transfered to new loan servicer the loan servicer said that they have been trying to contact us we did not receive a welcome letter until three days before our homes was sold at auction do I hav...

    Carl’s Answer

    You have not described anything that would lead me to believe that you have a claim against them. Your right to bring the loan current expired 5 days before the auction and you had a t least 4 months notice that you were in foreclosure. You had plenty of options well before the auction such as applying for a loan modification or filing for Chapter 13 bankruptcy to get caught up over 5 years.

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