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Questions Answered by Randall R. Saxton
1 Answer | Asked in Bankruptcy for Mississippi on
Q: Currently in chapter 13. Can I be sued in small claims court for an issue outside of my bankruptcy case?

Did some minor repairs for a friend and they were not satisfied and wanted a refund.

Randall R. Saxton
Randall R. Saxton
answered on Jun 15, 2023

Yes, IF the claim arose after you filed for bankruptcy, it's called a "post-petition debt." A post-petition debt isn't subject to the authority of the bankruptcy court. You won't be able to rely on the automatic stay to stop them from pursuing the claim, and the debt from... View More

2 Answers | Asked in Tax Law for Mississippi on
Q: Does a person with 100 percent total social security disability have to pay property tax in the state of Mississippi
Randall R. Saxton
Randall R. Saxton
answered on Feb 23, 2023

Yes. Only disabled veterans or their unremarried surviving spouses are 100% exempt from paying property tax in Mississippi. An exemption for seniors, and disabled people, is available in Mississippi, and persons over 65 can qualify for a reduction of up to $7,500 on the taxable value of their... View More

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1 Answer | Asked in Real Estate Law and Tax Law for Mississippi on
Q: Why would homeowner at the age of 70, not be exempt from property tax in Pontotoc County. In fact it was increased?
Randall R. Saxton
Randall R. Saxton
answered on Feb 7, 2023

Only disabled veterans or their unremarried surviving spouses are 100% exempt from paying property tax in Mississippi. An exemption for seniors, and disabled people, is available in Mississippi, and persons over 65 can qualify for a reduction of up to $7,500 on the taxable value of their property.

1 Answer | Asked in Tax Law for Mississippi on
Q: Would I owe MS sale tax for digital wall art? No physical product, only digital download. The pics are stock photos.

I live and would operate in Mississippi. I have not started selling yet. I just wanted to know in advance. If I am exempt from MS sales tax, are there any forms that I have to fill out? Thanks,

Randall R. Saxton
Randall R. Saxton
answered on Oct 24, 2022

Yes, Mississippi requires that you collect sales tax on digital sales, and apply for a sales tax permit from the Department of Revenue.

2 Answers | Asked in Employment Law, Civil Litigation, Gov & Administrative Law and Municipal Law for Mississippi on
Q: My car was towed from my job today saying I am suppose to have a FedEx handicap placard which *we don’t have* instead of

The handicap card I had displaying on my windshield. I have it because my disabled mother lives with me and we are sharing my car at the moment while we get her vehicle fixed . I am her sole caretaker and my vehicle is the one she rides in. How can this be legal ? I have two small children and my... View More

Randall R. Saxton
Randall R. Saxton
answered on Feb 26, 2024

The person to whom the placard was issued must be in the vehicle to use the placard.

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1 Answer | Asked in Estate Planning for Mississippi on
Q: Does the administratrix has complete control over the estate without the other next of kin opinion of what to be sold

I like to know can they make decisions without the other next of kin opinions on it because I’m dealing with that now. Selling and taking possession of everything and the judge just rulings on everything they ask for and we don’t know nothing until I go to the courthouse and ask for copies of... View More

Randall R. Saxton
Randall R. Saxton
answered on Nov 30, 2023

Generally, the administrator must sell everything in order to generate cash to pay creditors and to divide the assets to distribute equally and fairly between the heirs.

2 Answers | Asked in Bankruptcy for Mississippi on
Q: If I didn’t add my vehicles in a bankruptcy and choose to continue to make payments and my payments is current they cant

Take them if they’re current after my bankruptcy is dismissed

Randall R. Saxton
Randall R. Saxton
answered on Jun 14, 2023

If current payments have been accepted, under state law, the property cannot be repossessed.

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2 Answers | Asked in Bankruptcy for Mississippi on
Q: Can anyone tell me what this means thanks

AGREED ORDER EXTENDING DEADLINES FOR CASE TRUSTEE AND U.S. TRUSTEE TO FILE $727 COMPLAINTS AND MOTIONS FOR DISMISSAL FOR ABUSE

On ore tenus motion of the debtor(s) and the trustee in the above styled cause to extend the deadlines for filing § 727 complaints and/or a motion to dismiss for... View More

Randall R. Saxton
Randall R. Saxton
answered on Jun 7, 2023

The deadline for the trustee to file a complaint against you or a motion to dismiss for abuse has been extended. While not knowing the circumstances of your case, this is generally due to them not having enough information from you at the time of your 341 meeting to conclude the meeting.

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2 Answers | Asked in Bankruptcy for Mississippi on
Q: When the chapter 13 petition is over what will the bank require me to do about my conventional mortgage

Do I just continue to pay them or what will happen I’m just making sure they can take my home after the bankruptcy is over thanks

Randall R. Saxton
Randall R. Saxton
answered on May 25, 2023

You will just restart paying the bank directly.

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2 Answers | Asked in Bankruptcy for Mississippi on
Q: If I file chapter 13 bankruptcy can I add my home if it’s a conventional mortgage loan

I home is financed threw a bank with a convention loan how does this work if I file chapter 13 bankruptcy

Randall R. Saxton
Randall R. Saxton
answered on May 25, 2023

You can include your home in a Chapter 13 plan, and your payment remains the same. If you owe an arrearage, you can spread out and pay back the arrears over the life of the plan.

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2 Answers | Asked in Bankruptcy for Mississippi on
Q: If I purchased a small lot 40 by 115 and the seller did a quit claim deed in 2014 and if I file chapter 7 can they take

My husband and I bought this lot in 2014 and we have a quit claim deed can if we file chapter 7 can bankruptcy take it

Randall R. Saxton
Randall R. Saxton
answered on May 20, 2023

If it is your homestead with less than $75,000 in equity, then yes, you can file a Chapter 7 and keep it.

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2 Answers | Asked in Bankruptcy for Mississippi on
Q: I loaned $15,000 to a friend who filed chapter 13.

She quit paying and didn’t tell me she filed. I found out too late to be added to bankruptcy. What’s the best way to get my money back? We signed a promissory note.

Randall R. Saxton
Randall R. Saxton
answered on May 22, 2023

An attorney can file a Motion to Allow Late-Filed Claims for you, but check her plan first to see the percentage being paid to unsecured creditors. If its 0%, you may not receive anything even if you had been noticed and filed a claim on time.

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2 Answers | Asked in Bankruptcy for Mississippi on
Q: Ch 7 2018. Mrtg Disch. I Cont to pay $1317/mo. How does this effect Ch 13 if i am able to file? CC/Personal Loan Debt
Randall R. Saxton
Randall R. Saxton
answered on Jan 11, 2023

If you are current on your mortgage, you can file a Chapter 13, if eligible, and continue to pay your mortgage directly to your lender.

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1 Answer | Asked in Estate Planning, Elder Law and Probate for Mississippi on
Q: Do I need to probate my mom's will? I am her only heir, all of her bills are paid & she had no assets in her name.

She had 2 life insurance policies naming me as the only beneficiary. She also had joint checking account with me. I have received 3 checks since her death made out to her estate (the checks were for reimbursement of some insurance premiums). Bank says I need to open an estate account & deposit... View More

Randall R. Saxton
Randall R. Saxton
answered on Nov 29, 2022

No, you can complete a small estate affidavit and present that to the bank.

1 Answer | Asked in Estate Planning and Probate for Mississippi on
Q: What role does estate lawyer play in MS when the courts appoints a non family administrator of intestate estate.

Mother died without will in MS. One of 9 heirs was unwilling to compromise on division of land and assets, Heirs hired an attorney but courts appointed a non family administrator. What will the attorney use our money for if there is an administrator.

Randall R. Saxton
Randall R. Saxton
answered on Oct 24, 2022

Mississippi requires a lawyer to draft and file all of the necessary pleadings with the chancery court.

2 Answers | Asked in Bankruptcy for Mississippi on
Q: Can a garnishment be stop if I flie bankruptcy

They have already started taking money

Randall R. Saxton
Randall R. Saxton
answered on Oct 7, 2022

Yes

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2 Answers | Asked in Bankruptcy for Mississippi on
Q: My car is going to be repossessed any day can I file emergency bankruptcy can I file online ? how fast can I get a stay
Randall R. Saxton
Randall R. Saxton
answered on Jul 29, 2022

Yes, depending upon availability, most bankruptcy attorneys can file an emergency petition the same day which would immediately prevent repossession.

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1 Answer | Asked in Tax Law for Mississippi on
Q: How long does the state have to collect unpaid sales tax before statute of limitations occurs. I live in MS

The state lost my returns in 2008 and now won’t except a refile. I went out of business in 2010 and filed for bankruptcy on business and personal.

Randall R. Saxton
Randall R. Saxton
answered on Jul 25, 2022

There is no limitation on the time that Mississippi can collect sales taxes from you.

1 Answer | Asked in Tax Law for Mississippi on
Q: How long does MS have to collect back taxes before its past statute of limitations. Such as the federal IRS has 10 year.
Randall R. Saxton
Randall R. Saxton
answered on Apr 16, 2022

Dependent upon the circumstances, the State of Mississippi has no such statute of limitations, and the amount of tax due may be determined, assessed and collected and suit or proceedings for the collection of the tax may be begun at any time after it becomes due.

2 Answers | Asked in Bankruptcy for Mississippi on
Q: Do I have to file my husband income if we not together but live in the same house if I file chapter 7.
Randall R. Saxton
Randall R. Saxton
answered on Sep 20, 2021

Yes, you must include his contributions to the household.

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