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Questions Answered by Stuart Nachbar
3 Answers | Asked in Bankruptcy for Pennsylvania on
Q: My new husband has been in a chapter 13 bankruptcy for 4 years with 1 year left. We just got married. His attorney

wants copies of my pay stubs. I said “no” I have nothing to do with this. This was before we were married. Can the court subpoena my pay stubs? I have no official court order demanding that I provide my pay stubs. Can I refuse since I have nothing to do with his bankruptcy?

Stuart Nachbar
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Stuart Nachbar
answered on Sep 15, 2022

The Bankruptcy Trustee can subpoena them. This is a situation called "change in circumstances" and allows the Trustee to request and augment the Plan in light of same. I would comply with your Husband's Counsel and discuss same with him/her

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3 Answers | Asked in Bankruptcy for Michigan on
Q: how soon can I file chapter 7, If I file a chapter 7 in January of 2016?
Stuart Nachbar
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Stuart Nachbar
answered on Sep 12, 2022

8 years from the date of the petition in 2016 and 5 years if you wish to file a chapter 13

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2 Answers | Asked in Traffic Tickets for New Jersey on
Q: How much time or distance does the law state that you have to pull over when an emergency vehicle comes up behind you?

I was pulling a travel trailer and can't be expected to stop the same as a car!

50 seconds & less than 1 mile does not seam reasonable. I just viewed a copy of the dash-cam disc.

Why do I feel this is loosely determined by the officer and how he felt that day?

Stuart Nachbar
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Stuart Nachbar
answered on Aug 24, 2022

The statute does not state a specific time or distance. It says: The driver of every vehicle shall immediately drive to a position as near as possible and parallel to the right-hand edge or curb of the highway, clear of an intersection of highways, and shall stop and remain in that position until... Read more »

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2 Answers | Asked in Bankruptcy for Texas on
Q: Can a golf cart be exempt in a chapter 7 bankruptcy using Texas exemptions? What about federal exemptions?
Stuart Nachbar
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Stuart Nachbar
answered on Aug 19, 2022

The only bankruptcy case I know of is out of Western District of Oklahoma. 2022 case. They held in certain circumstances yes it can be.

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2 Answers | Asked in Traffic Tickets for New Jersey on
Q: I need a attorney for a traffic ticket for 2 point 39:4-88B can anyone help it’s in Woodbridge township please send info
Stuart Nachbar
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Stuart Nachbar
answered on Jul 15, 2022

Counsel Aalsberg answered this perfectly. We can't give you our information or solicit business on this platform.

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2 Answers | Asked in Traffic Tickets for New Jersey on
Q: Is operating a slow speed blocking traffic an offence with points
Stuart Nachbar
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Stuart Nachbar
answered on Jul 12, 2022

It definitely can be a 2 point violation, depending on which statute was written for the violation.

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3 Answers | Asked in Car Accidents and Personal Injury for New Jersey on
Q: Am I entitled to any money for being hit by a drunk driver/watching my driver diein a car accident when I was 15 in 2019

In November 2019, I was 15 (I’m 18 now) and was behind the passengers side of a Lyft driver. Is was around 3am and we got hit by a drunk driver on the highway. I watched my Lyft driver die and that was the last thing I remember. I woke in the hospital with a scraped knee, a broken rib and a... Read more »

Stuart Nachbar
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Stuart Nachbar
answered on Jun 29, 2022

Whether you are entitled is only half of the battle. Your statute of limitations is running out quickly. Normally it is 2 years but becuase you were a minor, it was suspended. You need to contact counsel asap.

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6 Answers | Asked in Bankruptcy for New Jersey on
Q: Can a debtor collect on previous debt that was discharged?
Stuart Nachbar
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Stuart Nachbar
answered on Jun 22, 2022

I agree that a Debt Collector may not collect on a debt that was discharged in a previous bankruptcy. You should provide them with a copy of the schedules, and a copy of the Discharge.

If you are referring to a debt that is owed to you, if you disclosed same on your schedules, and the...
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2 Answers | Asked in Banking, Bankruptcy and Collections for New Jersey on
Q: Hi, I have about $100k in business credit card debt(a total of 11 credit cards). I am the personal guarantee for all

of them. All cards are current and I am still making payments, but not getting no where with the interest rates.

Can I negotiate with the banks for a lower amount?

How will this impact my personal credit and my business credit (Dun & Bradstreet)? If I am not able to satisfy the... Read more »

Stuart Nachbar
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Stuart Nachbar
answered on Jun 17, 2022

You can negotiate with them. Any break they give you MAY result in a 1099-C for taxes. They start reporting usually after the first late 30 days occurs. Debt management companies, in my opinion, are not good as the first several months of payment go to their fees, and nothing is done to protect... Read more »

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1 Answer | Asked in Car Accidents, Employment Law and Personal Injury for New Jersey on
Q: A county roads employee being sued for injury damages from an MVA while at work. Is he entitled to indemnification?

The county (employer) disciplined the employee. It’s not his first accident. The county denied intent to legally represent and/or indemnify.

Stuart Nachbar
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Stuart Nachbar
answered on Jun 14, 2022

I believe the employee, if accident occurred while in his employment, would be entitled to coverage from the county. I recommend filing a title 59 notice if you are the Plaintiff. The time for this to be done is short, so speak with counsel.

1 Answer | Asked in Education Law for New Jersey on
Q: My sons school will not let me speak to his teacher who thought he was under the influence. Am I legally allowed to?

My son is classified OHI and has an IEP. His teacher thought he was under the influence because he was exhibiting erratic behaviors. he was sent out to be drug tested, it came back negative. To prevent this from happening again, and to find out the complete story, I would like to speak with the... Read more »

Stuart Nachbar
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Stuart Nachbar
answered on May 5, 2022

They can restrict direct access to the teacher, but you can convene a meeting with the IEP Team and his case manager and get to the bottom and require the teacher to be there

3 Answers | Asked in Bankruptcy for New York on
Q: Chapter 7 Bankruptcy. Is it legal to contact other named creditors in advance of the meeting of creditors?

I'm a named unsecured creditor for a debtor (a general contractor / builder) and I suspect that there may be a pattern of fraud on the part of the debtor.

I'd like to contact other creditors to see if there is a pattern of fraud. I understand that there if there is, that would... Read more »

Stuart Nachbar
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Stuart Nachbar
answered on Mar 21, 2022

Yes, it is acceptable for creditors to speak with each other.

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1 Answer | Asked in Traffic Tickets for New Jersey on
Q: Traffic ticket amended to '39:5B-32 QUALIFICATION OF INTRSTATE VEHICLES; RULES & REGULATION'. What does this mean?

IN NJ I received a citation for the moving violation '39:4-88B TRAFFIC ON MARKED LANES - UNSAFE LANE CHANGE'. I ended up disputing the ticket online as I did not believe the ticket was fair to my actions as I was not making any lane changes and simply drifted to the shoulder of the road... Read more »

Stuart Nachbar
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Stuart Nachbar
answered on Mar 15, 2022

The long and short of it is that this is a not a point violation.

In essence, this is what you are pleading guilty to:

no person shall operate a commercial motor vehicle, as defined in rules adopted pursuant to this section, in this State unless the operation of the commercial motor...
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3 Answers | Asked in Traffic Tickets for New Jersey on
Q: I have a New Jersey license, but got a New York speeding ticket. I know this will give 2 point from NJ motor vehicle.

Can I still fight to not get these points at all? Or will get them regardless? If so I know I can do a defensive driving course to remove, but will my insurance still increase ?

Stuart Nachbar
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Stuart Nachbar
answered on Mar 5, 2022

If you fight in NY and win, the there is nothing to assess here in NJ under the Compact.

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3 Answers | Asked in Bankruptcy for New Jersey on
Q: Chapter 13 and adding on fees !

I have been in Chapter 13 bankruptcy for four years and two months. I haven’t missed a payment on my mortgage or Trustee. My loan was for $210,000. My mortgage was sold and I received a letter saying that I owe $170,000 on my loan which has to be a mistake. Then they are saying, I owe $16,000 on... Read more »

Stuart Nachbar
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Stuart Nachbar
answered on Mar 5, 2022

If you are 4 + years into your BK, please go.speak with your counsel.and have him review the POC and ask for a post petition payment history. That should get a good handle on the situation

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2 Answers | Asked in Bankruptcy for New Jersey on
Q: Will you please help me and help me.file bankruptcy against my surcharges and fines I really don't know what else to do
Stuart Nachbar
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Stuart Nachbar
answered on Mar 3, 2022

While I agree with counsel, you have to be careful as to what the surcharge is for. If it is for DWI, then penalties maybe judgments which can only be handled with a Chapter 13.

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2 Answers | Asked in Bankruptcy for Utah on
Q: I am transgender and legally changed my name and gender. Do I answer a court summons to my old name?
Stuart Nachbar
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Stuart Nachbar
answered on Jan 14, 2022

This is not a bankruptcy question. This is a State Court matter, unless Federal Court, and you need to speak to someone in your State. This is because they (Plaintiff) may need to do an Alias Summons.

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3 Answers | Asked in Traffic Tickets for New Jersey on
Q: I received a speeding ticket for $55 in New Jersey. The cop told me I don’t need to go to court I should just pay online

Does this mean I also got points on my lisence ?

Stuart Nachbar
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Stuart Nachbar
answered on Jan 8, 2022

If you pay online, it is an admission of guilt and yes the points would be assessed

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3 Answers | Asked in Bankruptcy for New Jersey on
Q: Chapter 7 in NJ what address do I use if I don't have a permanent address?

I have a PO box for mailings.

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Nov 24, 2021

Pursuant to the statute, you must have resided within the State of New Jersey for the past 180 days. or which District (Vicinage) you would be in is based upon your zip code. As you have to present your Driver's License, I would put that address, as you get you mail at a Post Office Box.

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1 Answer | Asked in Traffic Tickets and Car Accidents for New Jersey on
Q: Does signing over the title to a tow yard cover the tow fees as well as impound fees in nj also
Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Nov 19, 2021

Not always. It really depends on what the salvage value is and what they get for it. Read the fine print of anything they give you as it should explain what you may be liable for once you give them title. Make sure to get your plates back

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