Author Archives: Carl Starrett

Carl Starrett is a consumer bankruptcy attorney in San Diego, California helping debtors file for protection under Chapter 13 and Chapter 7 of the Bankruptcy Code.

Getting Back Garnished Wages

Sometimes a client waits to see me until after a creditor has obtained a judgment and is having money taken out of the client’s paycheck.  Although I always want to file a bankruptcy before a client receives notice of a wage garnishment, it may be possible to get some of the money back after the…

Removing a Judgment Lien in Bankruptcy

Judgment creditors will often place a lien on the judgment debtor’s home as one of the first steps taken to collect the judgment.  In California, the creditor creates the lien by recording an Abstract of Judgment at the county recorder’s office.  Although lawsuits and having a lien placed on your home are serious matters, bankruptcy…

Should My Wife File For Bankruptcy Too?

Question:  I live in California and have a lot of debt from when my business failed,  My wife wasn’t really involved in the business and we want to protect her credit rating. Does she have to file for bankruptcy with me if I file? Answer: The general rule is that the bankruptcy discharge only protects…

Credit Repair and Identity Theft

One of the most common questions that clients ask me is how bankruptcy will impact their credit score. While most of my clients see at least a moderate improvement in about 12-18 months after their case is over, every situation is different. In this article, I offer a few tips that will help you maximize…

Junior Seau…Rest In Peace

You may wonder why a bankruptcy attorney is writing about the death of former NFL superstar.  In my bankruptcy practice, I often encounter people who are depressed because of their debt problems and I hope to offer encouragement to people to seek help for whatever problems they might have. I did not know Junior Seau…

I Spent Too Much on Christmas Gifts…Now What?

I have previously posted tips on how to avoid a Christmas debt hangover.  Maybe you didn’t get the memo, but that’s okay.  Pull up a chair and we’ll roll up our sleeves to see what we can do. The first thing to do is not to panic.  December is traditionally a slow time for bankruptcy…

New California Law Limits Use of Credit Reports in Employment Background Checks

Clients often ask me if filing for bankruptcy could prevent them from getting a job.  There is a new law in California that address that issue for many of my clients.  Subject to several exceptions listed below, most California employers cannot review your credit report beginning January 1, 2012 Jobs that allow a credit check…

“Why am I Being Punished for Being a Responsible Earner, Saver, Spender and Investor?

I recently posted a request on my Facebook page and my Twitter page soliciting blog ideas and I posed the following question:  “So if you could ask a bankruptcy attorney any question, what would it be?”  The title for this blog entry is an actual question I received from a Facebook friend. While the question…

Bankruptcy as Part of Your Retirement Plan?

Filing bankruptcy as part of your retirement plan might sound odd, but it merits consideration.  It is hard enough watching your retirement investments shrink without having to worry about paying your creditors.  Bankruptcy can be an important part of your plans to retire and be self sufficient.  Let me explain. If you are approaching retirement…

An Open Letter to the American Bar Association

The American Bar Association (“ABA”) has chosen Toronto as the location its annual convention for 2011.  I mean no disrespect to neither the people of Canada nor the City of Toronto.  Canada is a trusted friend of the United States and I am told that Toronto is a wonderful city, but why is the ABA…