Generally no. Child support and some debts can reach into even social security retirement and disability. Normally judgment creditors cannot attach your disability. Once the check is cashed and placed into a checking account and co mingled with other funds it is completely attachable. So be... View More

This generally happens if there is a cross collateral clause in the contract where all the loans are secured by any other loan. These are most often found in credit union contracts. In bankruptcy you can redeem the vehicle and take it from the credit union by paying the fair market value of the... View More

Yes with court approval for most transfers. Whether she can transfer depends on how much equity she has in the property. If the property would not have given creditors any meaningful distribution in a Chapter 7 the judge may allow it.

However. if there is substantial equity for the... View More

Almost every lawyer gives a free initial consultation. However you get what you pay for. You can get a pro-bono attorney if you have little or no income. But be realistic we can not work for free. We have to pay for the office and our student loans. If the attorney is learning how to file a... View More

In Kentucky since you own the LLC solely it is solely your asset. A Trustee may be able to sell assets of the LLC. If the LLC had other members this is generally not possible for the Trustee.

No! In the bankruptcy petition the Debtor should have announced his option to pay the lease and accept it or reject it. If this is a lease and the bankruptcy was filed during an eviction proceeding the debtor may deposit any overdue funds with the court and accept the lease but immediately cure... View More

The debtor has a duty to use his best efforts to repay. However everything we have heard indicates that you will not have to turn this over.

District court is not bankruptcy court. Bankruptcy court is in the federal courthouse not the state district court.

Bankruptcy is in Bankruptcy court. If you discharged your bankruptcy I don't understand why you are in district court. I dont have enough facts and you dont explain... View More

Yes, we file bankruptcy for just one spouse all the time. The means test does use the income for both spouses to determine whether a Chapter 13 or 7 should be filed but most of the time just one spouse can file.

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... View More

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... View More

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.... View More

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... View More

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... View More

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... View More

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.

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... View More

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... View More

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... View More

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... View More