Questions Answered by Nick Curtis Thompson
Q: Got a judgement in the mail saying ordered and adjudged what does that mean?
Does this mean garnishment?
No this does not mean garnishment. However it is one step towards garnishment. Normally a creditor will attempt to attach any home you have, any bank account you have and your wages within days or weeks after they get the judgment. You have a very short time after the judgment is issued to... Read more »
Q: BR discharge order for me & llc in 4/18. Can business creditor that was listed in my BR now subpoena me 3 months later?
A Business bankruptcy never discharges. It open for 2 years I believe but parties can be hauled back in years later. Yes you can be summonsed to testify. You can also be hauled in and be subject to turning over assets if you took company property or opportunities. This isn't like a consumer... Read more »
Q: i am being garnished from an accident 4 years ago and i cant pay my bills or feex my kid. what can i do
i tried for low income assistance even but my gross is what they count. the garnishment was set at 20000 dollars but i didnt even know about it til i was being garnished
You may not have been served with the complaint. Often when a creditor cannot find you they will ask for a warning order attorney. This attorney will attempt to find you and send the complaint to you. But if he cant find you the judge may and probably will eventually issue a default judgment.... Read more »
Q: In Kentucky, If I file a chapter 13 bankruptcy, but marry after filing, how do the wife and I split the tax refunds?
I have to pay my refund into the plan. 96% of the income is mine, but all of the tax deductions and tax breaks are hers.
In the Western District of Kentucky, it doesn't matter. The refund is paid to the Trustee if you don't have a 100% plan. You get to keep the fees for preparing the return and the earned income credit. You lose the child credit. You should increase your deductions during the year so you don't... Read more »
Q: Is it better to file bankruptcy or let a trailer go back
Trailers are the very worst way to purchase a home. It is almost always better to let the trailer go back and to purchase a home which increases in value over time. A Trailer always depreciates in value. If it is all you can afford I understand it. But the payment is rent and eventually it falls... Read more »
Q: Do I have to go to court for bankruptcy
Yes you do have to go to at least one hearing. About 99% of my clients only have to go to one hearing the 341 hearing. The questions are very simple and you will be asked questions about the accuracy of your petition for about 5 minutes. The Trustee is looking for hidden assets, your ability to... Read more »
Q: Does bankruptcy discharge maintenance obligations?
Court ordered payment of back owed maintenance.
No! Alimony and Child Support are not dischargeable debts they can be repaid but they are not discharged in bankruptcy. The stay does not even delay a child support or alimony hearing or order.
Q: What is a nonjudicial foreclosure?
A non Judicial foreclosure is when the court is not involved in the lender recovering the property. In some states a deed of trust is held by a 3rd party and when the property is not paid for the lawyer who holds the title will convey the property to the bank upon default. Kentucky is s judicial... Read more »
Q: Does bankruptcy discharge child support obligations?
Child support and alimony are non dischargeable debts. You can repay child support through a Chapter 13 and you can repay child support as a priority debt which paid in full before any unsecured debt is paid. Bankruptcy can be a took to repay child support but it does not discharge child support... Read more »
Q: Can you file chapter 7 on fed taxes
Yes. There are 6 factors. FIRST the taxes must be at least 3 years old. SECOND you must file the returns at least 2 years before filing the bankruptcy. Third there must be no assessment within 240 days before the bankruptcy. Fourth filing any bankruptcy filed within the 3 year period will... Read more »
Q: How far behind do I have to be before the bank can start the foreclosure process?
Also, if I CAN get caught up before it goes to court (or whatever) do they have to accept my payment and let me keep the house or can they refuse and go forward with the foreclosure?
You only have to be contractually late to be in default. However most mortgage companies will start a foreclosure when you are 2 payments behind. It is a pretty stiff late charge and real damage to your credit. When the mortgage becomes 2 payments behind they will start to refuse to take your... Read more »
Q: When does my legal responsibility for my home end during the foreclosure process?
When you pay off the balance of the loan after the home is sold. Foreclosing the home pays part of the debt. The balance is what you owe. If you dont pay this balance the lender may obtain a judgment and garnish the balance from any checking account or your wages. They may also be able to sell... Read more »
Q: If I file for bankruptcy can they take my semi away? Driving is my only source of income.
There is an anti discrimination provision of the bankruptcy code. You never lose a professional license just because you filed bankruptcy. There may be some other reason such as an unpaid traffic violation or you didn't pay for the truck and they repossessed it. But if you lost the truck while... Read more »
Q: If husband files bankruptcy am I, his wife, liable for his medical debts
No not unless you signed to be liable for them.
Q: I filled bankruptcy in 2009 I filled on my 2 nd mortgage but I've been paying it can I stop paying it
The interest
Has gone crazy I can't pay it
Filing bankruptcy gets rid of your personal responsibility for the debt however it does not get rid of the mortgage unless you stripped the 2nd mortgage. Did your attorney talk to you about how this is done in a Chapter 13. Often if a second mortgage can be stripped and eliminated a Chapter 13... Read more »
Q: Can a creditor listed in a bankruptcy add a derogatory closed account to your credit after the case is finalized?
Generally since you don't owe the account any longer you can not be overdue. A correct listing should be account closed. You will have to correct this with the credit bureaus however.
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