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Michael John Primus
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Michael Primus’s Answers

376 total


  • Husband files chapter 7 BK. 7 years ago wife (not filing BK) inherited property out of state. Can that property be touched?

    So, wife is not filing the bk, but they are married. She (along with siblings) inherited a portion of real property out of state. Value of her share is about 30k. Now husband wants to file an individual chapter 7. Can the trustee liquidate this p...

    Michael’s Answer

    When a married person files chapter 7, any separate property of the non-filing spouse is beyond the reach of the court. Inheritance is separate property as it is not commingled with martial assets. Sounds like the husband should be able to file chapter 7 but I suggest having an experienced lawyer go over all the documents.

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  • Do I qualify for chapter 7 bankruptcy in california?

    Defaulted on close to 28k worth of debt Credit card: $3500 Car loan: 8000 Secured loan 3600 Private student loan: 1900 Medical bills: 4000 Payday loans: 2400 Installment loan through payday loan company: 3600 Directv: 1000 I'm recently un...

    Michael’s Answer

    Chapter 7 is the most common type of bankruptcy. Qualifying for chapter 7 involves several tests (income/expenses, assets) and requires an attorney to review your situation in detail. That said, you appear to be a candidate for chapter 7. Do not take legal advice from the car loan place.

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  • Someone said her bankruptcy petition can be dismissed if she does. Is this true?

    My sister is in the middle of a chapter 7. She wants to see if she can apply and get a credit card.

    Michael’s Answer

    Many lenders are willing to lend money to people shortly after filing bankruptcy. Taking a new credit card is not a basis to deny or dismiss a chapter 7. Often people take small cards to help rebuild credit.

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  • Appeal filed on a 'motion to dismiss' ruling in an adversary proceeding. How it affects related bankruptcy confirmation?

    There is a Bankruptcy 13 plan confirmation hearing in coming weeks/month. But there is also a parallel Adversary proceeding (AP) filed with allegations of fraud in the same federal bankruptcy court which is related the bankruptcy 13 filing. The AP...

    Michael’s Answer

    Appeals move slowly and are usually heard by a panel of judges. The appeal will be limited to issues raised in the appeal and additional evidence or information is generally not considered. The underlying chapter 13 will go forward in most cases unless there is a stay pending appeal which is a court order stopping the underlying case during the appeal process.

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  • Im waiting for discharge papers chapter 7 its it's been 30 days

    Went to 341 meeting its it's been one month still waiting. When is it safe to get a second job without putting my bankruptsy in danger do I wait till I get my discharge papers?

    Michael’s Answer

    The system looks at your income for the 6 months prior to filing to determine whether you are qualified for chapter 7. At this point, you have filed and attended your hearing so you are free to take a second job.

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  • When can a person file a second bankruptcy?

    I filed in 2010 but it wasn't discharged until 2012. If I was forced to file again I'm thinking it would be 7 years from the previous filing date and not from the discharge date.

    Michael’s Answer

    The rule is that you need to wait 8 years from the date of filing chapter 7 to file another chapter 7. You are entitled to file chapter 13 6 years after the filing of your chapter 7 so that is available now. I wrote a legal guide on this for AVVO.

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  • If someone agrees to help you make your plan payments, do they have to submit any financial information to the court?

    chapter 13 bankruptcy

    Michael’s Answer

    This is a matter of local practice. The chapter 13 trustee in Oakland will expect a declaration from the person that is helping you. The declaration is three or four sentences saying he/she is willing and able to help. The person does not need to submit additional financial documentation.

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  • How can i(we)claim our money? Small claims? Can a corporation file bankruptcy? Shouldn't I have been informed of the bankruptcy?

    I was an independent contractor for a corporation between March 2015-~sept 2015. Representative stopped responding me after I've inquired about my monies to be paid to me. I later find from a forum that she is filed for bankruptcy. This representa...

    Michael’s Answer

    This raises many issues. First, a corporation is a separate legal entity and can do a bankruptcy. The agent of the corporation is different from the corporation. The agent might be rich while the corporation is poor. That said, some of the time the distinction between a corporation and the owners of the corporation can become blurred when the paperwork is not handled properly. In a bankruptcy, the debtor (person or entity that filed bankruptcy) is required to list all known obligations. However, failure to list a debt does not mean the debt is exempt from the bankruptcy especially where the creditor is aware of the bankruptcy. If your claim is against a person or entity that is in bankruptcy, only the bankruptcy court will have jurisdiction so the small claims court will not be able to help you.

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  • If a file for Chapter 13 bankruptcy and then dismiss the filing will my bankruptcy filing still show up on my credit report?

    If a file for Chapter 13 bankruptcy and then dismiss it will the bankruptcy filing still show up on my credit report?

    Michael’s Answer

    As soon as you file it will show on your credit report. If your case is dismissed that can show as well but dismissal does not remove it.

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  • I want to file bankruptcy. I have a little more consumer debts than business debts. Can I pay off my consumer debts b4 filing?

    I spoke with an attorney who told me I do not qualify for a chapter 7 because I have more consumer debts than business debts and I make too much money. He stated that I have about $8,000 more consumer debts. However I was thinking, if I pay d...

    Michael’s Answer

    That's a tricky question because there are limits on what can be paid prior to filing bankruptcy. Generally the law is concerned with "preferential" payments. Why would one creditor get paid when others were not paid? The law thinks that's unfair in many circumstances. There are rules that define what will be considered preferential but those rules refer to whether or not your debts are primarily consumer debts.

    Tax debts are considered non-consumer debt. If you owe taxes for 2015 that may change the situation.

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