Good morning. Your question does not specify whether the garnishment was filed against your employer, a bank account, or something else. I would be curious whether any funds have been paid on that garnishment to date, and to understand why or why not.
Hi there. Lots of people asking that question today! The CARES Act amended the Bankruptcy Code to exclude the stimulus payments from the definition of "current monthly income," meaning that if you can show that the funds come from the stimulus payment, they should be treated the same as...Read more »
My case was confirmed in 2019 and my attorney couldn’t give a solid answer on this. From my research it looks like it exempt from being taken like your tax returns. Please someone help because I’m not sure what to do once I get the deposit
Good afternoon. The CARES Act amended the Bankruptcy Code to exclude the payments from the definition of "current monthly income." This means that the stimulus payments will likely be treated the same as Social Security or VA Disability benefits, and exempt from being seized by...Read more »
Hello. Yes, every state allows exemptions, usually up to a certain amount of equity (the value of the residence minus any debt secured by the property). In Georgia, a homestead exemption of $21,500 is available or $43,000 for a joint case to those who qualify as residents under the applicable...Read more »
Hello. The fact that you have a co-signer who is also in a separate bankruptcy case will not keep you from filing your own case. The bankruptcy petition asks whether a spouse is in a pending case, so you will need to disclose that information, along with listing her as a co-signer on Schedule H...Read more »
It is very likely. If you have an attorney, get in touch with him or her right away to let them know you want to finish your case. Otherwise contact the Trustee. If you do not have an attorney and cannot get in touch with the Trustee you may need to file a request for hearing or other response....Read more »
Good afternoon. It's a common misunderstanding that you can choose which assets or debt to "file bankruptcy on." The Bankruptcy Code says that when a case is filed, an estate is created, which includes everything you own, regardless of where it is located, and also includes all of...Read more »
Good afternoon. The current median income for a family of four in Georgia is $82,476. You can find this and other information about the bankruptcy "means test" at the U.S. Trustee Program's web site at this link: https://www.justice.gov/ust/means-testing
Mr Dray's answer is a good one. If the loan is only seven months old you cannot use Chapter 13 to reduce the loan balance, though you could possibly reduce the interest. Redemption in a Chapter 7 case would left you pay the current value of the car in a lump sum, a workable solution for...Read more »
Good evening. You would be borrowing against a TSP loan and this would most likely be viewed as a request to incur a debt. The view on allowing this changes a lot from one jurisdiction to the next, including who decides to grant the request. For example, in the Southern District of Georgia the...Read more »
I am a concerned daughter of a couple living in Athens County, Ohio. My father is ill with cancer (being treated through the Veteran Affairs system) and during my last visit (recent) my mom indicated they only have approximately 2 months worth of funds left to pay bills before potentially... Read more »
I do not practice in Ohio. It's important to know the current value of the property and how much is owed on the house and land. In a Chapter 7 bankruptcy their house could be sold if there is significant equity...that would be a disastrous outcome. A certain amount of equity can be...Read more »
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