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Questions Answered by Stuart Nachbar
2 Answers | Asked in Car Accidents for New Jersey on
Q: I have a document from the court with my judgement. The lawyer that handled it said I now wait for payment from uninsure

Lawyer said I have to wait for uninsured motorist fund to cut me a check. Basically told me i was on a list and when my number comes my settlement comes.

The judge awarded me 27,000.

I have been waiting forever and I was hoping I could do one of those "it's my money and I need it now" places

Stuart Nachbar
Stuart Nachbar answered on Nov 16, 2020

I dont know how long ago your settlement was reached, but your counsel should have the settlement check in hand within 60-90 of sending in the appropriate paperwork on the settlement. In terms of a funding, look at Lawcash.com

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3 Answers | Asked in Traffic Tickets for New Jersey on
Q: I was pulled over for speeding as stated by the officer 19:9-1.2 .39 and also ticketed for 3 other offenses

I was pulled over for speeding in Jersey as stated by the officer 19:9-1.2 .39 but ticketed for 3 other offenses 39:4-96, 19:9-1.3c, 39:4-88A. Two are payable the other two I have to appear in court. What would you recommend I do? Pay the two or just wait until my court date to see what happen also... Read more »

Stuart Nachbar
Stuart Nachbar answered on Nov 9, 2020

19:9-1.2 .39 - Speed Violations, probably 39 mph over limit

39:4-96 Reckless Driving

19:9-1.3c Failure to maintain L:anes or traffic signals in a 65 mph or Safe Corridor

39:4-88A. Failure to maintain lanes

The 96 and 88A have points

The rest are fines...
Read more »

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2 Answers | Asked in Bankruptcy for Indiana on
Q: Do you have to ask the trustee to sell your house in a chapter 13 and your house is not included?

I paid the back mortgage payments up that my attorney had me miss to create debt. The plan now only has credit and vehicle.

Stuart Nachbar
Stuart Nachbar answered on Oct 27, 2020

Yes you need to get permission from the trustee to sell the asset, and you may have to turn over the proceeds from the sale, if any, to the trustee to satisfy the Chapter 13 Plan.

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2 Answers | Asked in Traffic Tickets for New Jersey on
Q: We were cited for failure of driver to stop/stay stopped for pedestrians. Code 39:4-32B will there be points for this?
Stuart Nachbar
Stuart Nachbar answered on Oct 17, 2020

There are no points attached to this violation. There can be steep fines depending on if there are injuries or not

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2 Answers | Asked in Bankruptcy for Louisiana on
Q: Can you file bankruptcy more than once
Stuart Nachbar
Stuart Nachbar answered on Oct 17, 2020

Counsel W. J. Winterstein Jr. has put it most clearly and even gave you the statutes that you can read for yourself. Well Done sir

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2 Answers | Asked in Bankruptcy and Landlord - Tenant for Nebraska on
Q: Can my landlord evict me for filing for bankruptcy if I am current on rent payments?

I intend to continue being paying rent in full and on time.

Stuart Nachbar
Stuart Nachbar answered on Sep 19, 2020

No, as long as you are current, remain current and marked in your petition your intent to reaffirm your rental lease

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3 Answers | Asked in Bankruptcy and Traffic Tickets for New Jersey on
Q: 1986 I lost my license failure paying a traffic ticket i get SSID NJ wants 15.000 restitution should I file bankruptcy

What can i do to get a driver's license is bankruptcy my only option??

Stuart Nachbar
Stuart Nachbar answered on Sep 17, 2020

I disagree with counsel as some DMV, or MVC fines are able to be discharged. It would depend on what the fine was for to determine if discharged. Also, you would have to have more debt than just MVC as the court usually does not approve single creditor bankruptcies.

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4 Answers | Asked in Bankruptcy and Tax Law for New Jersey on
Q: What are the effects on a Municipal tax lien, When property owner subsequent files for bankruptcy protection.

Lien is bought and held by private investor. State of New Jersey.

Stuart Nachbar
Stuart Nachbar answered on Sep 16, 2020

The property owner must redeem the tax certificate through the chapter 13 or the lien can be foreclosed on

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3 Answers | Asked in Bankruptcy for Kentucky on
Q: Took tenant to small claims judge ruled in my favor but says she is filing bankruptcy can she add that to bankruptcy?

If so does that mean she doesn’t have to pay me what the judge ordered her to pay and is there a way to stop her from not paying us and adding it to the bankruptcy when she files? We filed the case in small claims before she ever started to file for bankruptcy but now she’s saying her lawyer is... Read more »

Stuart Nachbar
Stuart Nachbar answered on Sep 15, 2020

While she can add the back rent to the Bankruptcy, she cant just live there for free. If she is a Chapter 13, she has to bring current and stay current

If a Chapter 7, she either has to pay or get out

I HIGHLY recommend that you seek out counsel in your jurisdiction that can assist...
Read more »

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1 Answer | Asked in Bankruptcy for Nebraska on
Q: How can I stop collection agents from calling. I’m on disability. I got myself in a financial mess. Bankruptcy?

I have over$8000.00 in debt. My total income is $970.00 a month. I’m struggling terribly. Please help.

Stuart Nachbar
Stuart Nachbar answered on Sep 9, 2020

Bankruptcy would definately help you. I strongly urge you to consult counsel in your area

5 Answers | Asked in Bankruptcy for Arizona on
Q: Do attorney fees need to be paid in full before they file for bankruptcy in order to stop garnishments?

I am currently with a bankruptcy legal team and fees will not be completed till November. I have been summoned to pay garnishments. I spoke with attorney and they stayed fee needs to be paid in full in order to file Chapter 13 until then can not give cease / desist on my garnished paycheck. Just... Read more »

Stuart Nachbar
Stuart Nachbar answered on Sep 2, 2020

Some firms when dealing with a chapter 13 only, will allow fees through Chapter 13 Plan. This does not apply to Chapter 7. Ask them if you can put fees in Chapter 13 plan and if not, why.

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3 Answers | Asked in Bankruptcy for Ohio on
Q: Havent had to file a tax return in years cause I don’t make enough. Going bankrupt was wondering if irs will be notified

I make under the limit to have to pay taxes. But I was wondering if agency’s like the irs, Medicaid ( I’m on Medicaid) and other government departments are automatically notified when I file? Thanks

Stuart Nachbar
Stuart Nachbar answered on Aug 26, 2020

They are not automatically notified unless you owe them money. You will have to supply the last three years of tax returns or transcripts to your counsel and the Trustee in charge of your case.

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5 Answers | Asked in Bankruptcy for New Jersey on
Q: Would a judgement received as a result of a personal injury case from an auto accident be dischargeable in bankruptcy?

My husband just learned that there was a $75k judgment against him and his co-defendant in a personal injury case from 2007, but judgment was placed in 2010 without him ever receiving any notice for court, about the judgment, etc. He was aware of the case and got to the point where they were... Read more »

Stuart Nachbar
Stuart Nachbar answered on Aug 5, 2020

It is potentially dischargeable provided same is not the result of alcohol

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2 Answers | Asked in Traffic Tickets for New Jersey on
Q: are there points with a 39: 4-120 ticket?
Stuart Nachbar
Stuart Nachbar answered on Jul 25, 2020

I believe that is a zero point violation.

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3 Answers | Asked in Bankruptcy on
Q: What happens if I pay my chapter-13 bankruptcy a few months early?

My 60 payments are at $507ea making the entire amount $30,420. I have make 56 consecutive payments of $507; but this year in April my tax return exceeded $3k by $1427, so I had to mail in that payment of $1427 above what I was already paying; so to date I have paid in ($507x56)+$1427= $29,819, so... Read more »

Stuart Nachbar
Stuart Nachbar answered on Jul 24, 2020

Depends on your State and Jurisdiction. In New Jersey, once you pay off the Plan, the Trustee sends out a letter advising that the Plan payments are complete. I would suggest that you either contact your Counsel or the Chapter 13 Standing Trustee for your case

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2 Answers | Asked in Bankruptcy for Texas on
Q: I live in dallad, but got a bankruptcy lawyer through the internet to represent me, hes in California. Is that bad

I already paid him 400.00 and still owe him 1300.00 is he allowed to do my bankruptcy

Stuart Nachbar
Stuart Nachbar answered on Jul 21, 2020

He can file your Petition in the proper bankruptcy court if he is licensed in same.

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1 Answer | Asked in Education Law and White Collar Crime for New Jersey on
Q: The mother of my stepson's daughter entered an abusive relationship with another man.

My stepson called DYFS and they now have an open case. This man went on and beat her and ended up in jail for DV. She initially filed a restraining order to boot. She then reneged and continued the relationship with him. He convinced her to drop the order and her charges. The state of NJ still has... Read more »

Stuart Nachbar
Stuart Nachbar answered on Jul 15, 2020

This is not an Education Law Question. This should be in Family Law and/or Criminal Law. Education deals with School districts, tenure etc. Please re-post in proper group to get a proper and accurate response.

1 Answer | Asked in Collections for New Jersey on
Q: am i still responsible for my wife's medical bills after she passes

I didn't sign as guaranteer

Stuart Nachbar
Stuart Nachbar answered on Jun 12, 2020

It really depends if you signed as a guarantor of the bills, or did you not sign anything. Ask them for proof that you signed as a guarantor before you make anymore payments. Also remember that being a power of attorney does not automatically make you liable.

2 Answers | Asked in Bankruptcy for Georgia on
Q: Trustee and bank account

I need your help please

I filed a bankruptcy yesterday and my bank account have $2000 from unemployment benefits i heard that the trustee can take this money ? Is that true?

I filed chapter 7 and my total debt $30,000

Please let me know thanks

Stuart Nachbar
Stuart Nachbar answered on May 8, 2020

First, you should be speaking with your counsel, if you have one. If you did not use Counsel, please check that you used the proper exemption (don't know if GA uses Federal or State-check with a lawyer) so that the funds in the account are exempt and the Trustee will not take it. If you... Read more »

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6 Answers | Asked in Personal Injury and Car Accidents for New Jersey on
Q: My teenaged daughter took my car and hit another car. The woman is now suing us. Can I get a public defender?
Stuart Nachbar
Stuart Nachbar answered on Apr 23, 2020

You do not indicate if you are being sued civilly or criminally. You may qualify for a public defender for a criminal matter but not a civil matter. If it is a civil matter, just turn the papers over to your insurance company which should provide you with counsel. If criminal, ask the court for a... Read more »

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