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Questions Answered by Randall R. Saxton
1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Mississippi on
Q: In the state of Mississippi does a person get ownership of a piece of property that was left to him in a will.

My dad and his wife had a loan together and they put all the properties up to secure the loan. Of those properties 3 of the properties are in my late dad's and wife's name. Which would easily pay the loan off. Would the properties that were left to me have to go up for sale as well? Or... View More

Randall R. Saxton
Randall R. Saxton
answered on Jan 24, 2018

A probate case would have to be opened to transfer the property to you.

1 Answer | Asked in Estate Planning and Real Estate Law for Mississippi on
Q: Want to set up a trust so land can't be sold, only passed to family members in Mississippi. What do I need for this?
Randall R. Saxton
Randall R. Saxton
answered on Jan 16, 2018

You should contact an estate planning attorney to help you set up a trust.

1 Answer | Asked in Tax Law and Child Support for Mississippi on
Q: My divorce papers say I can claim two children and my ex wife can claim two children but for this past tax year all the

Children and my ex wife lived with me and I supported them all. So do I have to go by what the divorce papers said? They say that I can only claim two

Randall R. Saxton
Randall R. Saxton
answered on Jan 16, 2018

If the children lived with you for at least six months of the tax year and if you provided more than half of their living expenses for the tax year or if you get the noncustodial parent to sign an IRS Form 8332, you can claim them.

1 Answer | Asked in Bankruptcy for Mississippi on
Q: I was discharged in October, and I haven't worked since October 31 due to surgery, and now behind on car note.

I have no income coming in at for the last three months. I filed the car on bankruptcy, but reaffirmed loan.

Randall R. Saxton
Randall R. Saxton
answered on Dec 26, 2017

If you secure a source of income, you could catch up the car payments that are behind through a Chapter 13 plan.

1 Answer | Asked in Bankruptcy for Mississippi on
Q: I am on Chapter 13 bankruptcy. I just had a baby and struggling. Can you get a personal loan while im on bankruptcy
Randall R. Saxton
Randall R. Saxton
answered on Dec 18, 2017

Yes, if the lender agrees, you can either pay the post-petition debt outside of your plan or request court approval for the debt to be added to your plan.

1 Answer | Asked in Bankruptcy, Consumer Law, Landlord - Tenant and Employment Law for Mississippi on
Q: i recently got a garnishment notice from my employer but i never was served any court papers for the lawsuit

if i got to the court to have my hearing done again can the creditor ask for additional money ?

Randall R. Saxton
Randall R. Saxton
answered on Nov 11, 2017

Yes, you could be charged for the creditor’s additional attorney fees if you are found to owe the debt.

2 Answers | Asked in Bankruptcy for Mississippi on
Q: I am considering bankruptcy, but I'm not sure if I qualify. I am currently 60 or more days past due on bills.

I have tried to consolidate my bills without success. I have creditors calling threatening wage garnishment and being sued. What do I need to do to find out if I qualify for pro bono help?

Randall R. Saxton
Randall R. Saxton
answered on Mar 29, 2017

You should contact a local bankruptcy attorney for a free consultation.

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1 Answer | Asked in Bankruptcy for Mississippi on
Q: Disabled daughter files bankruptcy on government housing loan will she owe the IRS

Husband passed away after the loan was made she struggled can no longer make payments three children receiving Social Security benefits oldest child 18 will no longer receive benefits

Randall R. Saxton
Randall R. Saxton
answered on Feb 23, 2017

No. Debts discharged in a bankruptcy proceeding aren't usually considered taxable income.

1 Answer | Asked in Bankruptcy and Small Claims for Mississippi on
Q: can bankruptcy take my settlement money if I filed bankrupcty 4 years before ?
Randall R. Saxton
Randall R. Saxton
answered on Feb 7, 2017

Up to $10,000 in personal injury awards are exempt per Miss. Code Ann. § 85-3-17

1 Answer | Asked in Bankruptcy for Mississippi on
Q: Am I able to purchase a business in bankruptcy?
Randall R. Saxton
Randall R. Saxton
answered on Jan 7, 2017

If the business is in a Chapter 7, you can purchase all of the assets of the business. The Chapter 7 Trustee assigned to the case will advertise an auction.

1 Answer | Asked in Bankruptcy for Mississippi on
Q: If I file for bankruptcy does that clear out my student loan debt?
Randall R. Saxton
Randall R. Saxton
answered on Oct 25, 2016

Federal student loans are not dischargeable in bankruptcy.

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