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Raymond Schimmel

Raymond Schimmel’s Answers

80 total


  • Where do I file?

    My spouse is in Arizona - and I stay in here in California (Monday - Friday) working in the Military. I stayed in the barracks for more than a year While my spouse has been in Arizona for less than a year but greater than 6 months. Do I fil...

    Raymond’s Answer

    I have had a lot of military cases with that issue. You could file in California. Your wife can file in Arizona. If you file together, you can file in California (San Diego/ Southern District) or Arizona whichever is more convenient. Many of my San Diego colleagues and I give free consultations. Feel free to give one of us a call.

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  • What to put on Form 107, Chap 7.

    I am filling out my bankruptcy papers - I hit a little bump On Form 107, Section 2, Part 6 If you paid any creditor more than 600$ Paid more than 600$ to any one creditor in one month within the last 90 days (or) is it, if I paid a creditor...

    Raymond’s Answer

    Why would you be filing a Chapter 13 case without an attorney? Pro se Chapter 13 filings almost always lead to dismissal or failure. Usually the lucky ones are continued rather than dismissed with an admonishment by the trustee to find counsel. There is so much more than filing and filling out forms. The irony is that in many cases much of the debtor's attorney fees are being paid as an administrative expense at the expense of general unsecured creditors with minimal net cost to the debtor. My advice is to find local San Diego counsel familiar with local practice and procedure. Many of my colleagues and I will give you a free consultation.

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  • Is a trust protected from a lien from County property tax

    The home we live in is in a trust .We are delinquent non-payment of property tax since November 2015. We owe a little over 5,000 dollars. The reason is I lost my business had a difficult time finding a job until March 2016 saving money what I can ...

    Raymond’s Answer

    The lien attaches to the property not the owner. After five years the county can sell the property to pay off the tax liens. The counties charge 18% interest on late accounts so its best to take care of this sooner rather than later. Often taxpayers in your position have other debt problems as well that can be managed through a Chapter 13 bankruptcy. A Chapter 13 plan allows you up to five years to get the debts paid off and in some cases for less than what is originally owed although the property taxes would need to be paid in full over five years. I am both a San Diego bankkruptcy and tax resolution attorney. Feel free to call me or one of my San Diego colleagues. I give free consultations along with many of many of my local colleagues.

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  • Can I file for bankruptcy if I'm active duty?

    Bad marriage. Left with the debt. Out of the military in March 2017. Need relief now.

    Raymond’s Answer

    Absolutely. I have filed cases for both enlisted members and officers. Generally, a member's command prefers that the obligations are being resolved and supervised by a federal court rather than unresolved. Unresolved debt, and unmanageable debt loads expose the member to potential black mail. Additionally, the command does not want to deal with debt collector calls. With a bankruptcy a court order is issued prohibiting further collection. Many of my San Diego colleagues and I give free consultations. Please feel free to give one of us a call. Good luck.

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  • Do I qualify for chap. 7 bankruptcy?

    I am behind on almost all my payments. Last year my total family income was $102000.

    Raymond’s Answer

    There is not enough facts to allow for an answer. It depends on the type of debt that you have. Consumer vs non consumer, priority vs. non priority. There also needs to be an analyis of your expenses and budget, your assets and your circumstances. The appropriate place to ask your question is during a consult with a local attorney. Hopefully, you are not considering filing a bankruptcy on your own because so many things can go irrevocably wrong in a do it yourself filing.

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  • Closed business that is in suspension status and owe back taxes on it that I cannot pay.

    I had to close my business doors back in 12/2013. I have not been in business since, nor do I ever plan to again. I owe outstanding taxes but cannot pay them due to personal financial hardship. Do I need to be concerned with this? Since I can'...

    Raymond’s Answer

    If the business owed California sales tax the state will assess the owners personally when the business closes and they have twenty years from the assessment date to collect them.

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  • How many years of tax returns will I need to provide and when will I be asked for them?

    I need to file Chapter 7 ( $3,5 million in medical bills ) and I'm behind filing income taxes. I just finished 2014 but still have to do 2010, 2011, 2013.. Little tax is due so not worried about listing IRS amounts in petition, just want to be su...

    Raymond’s Answer

    You need the 2014 and if possible you should do the 2015. The 2010 - 2013 are not absolutely required in your bankruptcy case but you should still file them ASAP to start the statute of limitations for collection running and to reduce penalties.

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  • How to avoid losing your tax refund. Anticipating dental costs for much needed dental care.

    Chapter 13 bankruptcy repayment Tax refund Is there anyway to prevent seizure of your tax refund to the Chapter 13 trustee? If you are able to rollover your tax refund to the IRS will that help?

    Raymond’s Answer

    These are the kind of questions that are best answered by an attorney familiar with all the facts and circumstances involving your plan, district, and tax situation. If your medical bills are higher than anticipated perhaps you can file a modified plan. Again, you should talk to your attorney. If you don't have an attorney, my advice is to find one to help you. Avvo is not a substitute for having your own attorney.

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  • Who would I contact, a tax lawyer or continue to have them, IRS. attach my SS check?

    Owe back taxes (federal) need to either get a lump sum pay off or other arrangements for payments as they have attached my SS check.

    Raymond’s Answer

    A local tax attorney can help you stop the levy and either set up a pay plan with the IRS or explore an offer in compromise settlement. Under some circumstances you can also discharge (wipeout) or manage back taxes with a bankruptcy. Your best off with a local attorney familiar with both tax related bankruptcy and traditional non bankruptcy tax resolution. Many of my qualified San Diego colleagues and myself are available for consultation.

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  • What does a potential lawsuit mean for my discharged chapter 7? How do we proceed?

    In August 2015 my husband and I filed for chapter 7, we live in California. In December 2015 it was discharged with no assets. Last week I found out I have a malpractice case, for a botched surgery I had in February. I did not know there was...

    Raymond’s Answer

    You need to get with your attorney immediately. You will need to reopen your bankruptcy case and amend your bankruptcy schedules to disclose the claim and possibly exempt it in whole or part. If you do not now disclose the claim you could be judicially estopped from going forward. In addition now that you are aware of the claim if you now do not disclose the lawsuit asset it could both result in having your discharge revoked and possibe criminal prosecution.

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