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Questions Answered by Stuart Nachbar
2 Answers | Asked in Bankruptcy and Landlord - Tenant for Maryland on
Q: Can a landlord still go through eviction process while you are paying the rent owed?

Filed bankruptcy Sept 17. Eviction was filed Sept 23. Landlord waited 30 days with no contact til Oct 23. Threaten eviction. Never received eviction paperwork. Sheriff came out to evict. Provided half of rent owed to landlord. Still providing rent owed to landlord but landlord is still threaten to... Read more »

Stuart Nachbar
Stuart Nachbar answered on Dec 4, 2019

I believe that the Landlord would have to get permission from the Bankruptcy Court to proceed, otherwise it would be a violation of the automatic stay. Contact your lawyer as soon as possible

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2 Answers | Asked in Bankruptcy for South Carolina on
Q: We had a discharge of bankruptcy 5 yrs ago. Recently received a wrongful death settlement, trustee wants it. Our rights?

Initially said they wanted for unsecured credit cards. We said okay. Now they want it all. House was in discharge and has been foreclosed on.

Stuart Nachbar
Stuart Nachbar answered on Dec 3, 2019

If the claim was pending when you filed and did not exempt it out, then the trustee has a right to make a claim on it. As for how much, probably the amount of your debt, plus the Trustee's Counsel and Trustee's Commission. Talk to your lawyer

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1 Answer | Asked in Car Accidents for New Jersey on
Q: is it legal to park on the side of a street right next to a stop sign

I was driving down a street heading to a intersection. I saw a parked car next to the stop sign that was at the intersection. So I went around the car to get to the stop sign and then I felt an impact the other driver said he was parked and then he might have started to drive he doesn't remember if... Read more »

Stuart Nachbar
Stuart Nachbar answered on Nov 21, 2019

39:4-138. Except when necessary to avoid conflict with other traffic or in compliance with the directions of a traffic or police officer or traffic sign or signal, no operator of a vehicle shall stand or park the vehicle in any of the following places:

a.Within an intersection;...
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6 Answers | Asked in Bankruptcy for California on
Q: Can you advise me with a senior bankruptcy issue?

I have outstanding, very high credit card debts it is unlikely I can ever satisfy. Is bankruptcy the answer?

Stuart Nachbar
Stuart Nachbar answered on Nov 15, 2019

It is probably a good idea to consult with a practitioner in California where you live. Your information does not not give enough info to determine if you need to file a chapter 7 or chapter 13

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3 Answers | Asked in Bankruptcy for Pennsylvania on
Q: Question about automatic stay protection and filing in the last year

I filed for Chapter 13 last year, but did not complete the petition. It was dismissed more than 365 days ago. But the filing was in 2018. If I file again, will the automatic stay apply? The last petition was dismissed in May 2018 and we would be filing again November 2019. I am planning to... Read more »

Stuart Nachbar
Stuart Nachbar answered on Nov 15, 2019

You can file a Motion to Extend the Stay pursuant to 11 USC 362(c)(2)(C), and show why the first one was dismissed and why this one should have the Stay and what is different. I strongly urge you to consult with Counsel as having the Stay in place is very important

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1 Answer | Asked in Bankruptcy for Indiana on
Q: if I am 17 and live in Indiana how do I go about getting emancipated without informing my parents

I am 17, attend goshen high school, and am wanting to move out

two of my brothers are in probation for sexually assaulting my younger sisters

my stepmom has a criminal history and has had cps called on her 3 times

i have been physically, mentally, and verbally abused... Read more »

Stuart Nachbar
Stuart Nachbar answered on Nov 14, 2019

So why did you post this in Bankruptcy? Try reposting in Family Law

2 Answers | Asked in Bankruptcy and Consumer Law for Illinois on
Q: I have credit card debt under $15,000, disposable monthly income of $200, and a home. What bankruptcy should I file?

I have credit card debt under $15,000, disposable monthly income of $200, and a house that was given to me that appraises at $48,000 that I wish to keep. And I have no other assets of value over $1,000. What bankruptcy chapter should my attorney file? A chapter 7 or chapter 13?

Stuart Nachbar
Stuart Nachbar answered on Nov 1, 2019

You should file a chapter 13, but I do not think that your disposable monthly income is enough to payoff enough of the debt to keep the house

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5 Answers | Asked in Bankruptcy and Small Claims for New York on
Q: Any way to avoid having to show up for a NYC court date for consumer debt which was discharged in bankruptcy?

The court date was set before the bankruptcy (chapter 7 no-asset) case was closed and the debt in question was fully discharged. The lawsuit is for credit card debt which was sold to a debt collector (the plaintiff). Is there a way I can, without leaving myself vulnerable, avoid having to spend... Read more »

Stuart Nachbar
Stuart Nachbar answered on Oct 31, 2019

Just provide a copy of the Discharge to Counsel for the Credit Card Company and t a copy of the Petition showing it was listed, and also provide same to the Court.

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4 Answers | Asked in Bankruptcy and Collections for New Jersey on
Q: I closed my business.can't pay back my business loan and I personally guaranteed If i get sued and not appear at court?
Stuart Nachbar
Stuart Nachbar answered on Oct 23, 2019

If you do not appear, they will get a default judgement against you. You might want to consider bankruptcy to avoid the loan, depending on your personal assets and other liabilities

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2 Answers | Asked in Bankruptcy for Mississippi on
Q: can a lender foreclose a home in your name if it was discharged in bankruptcy court 2 years prior?
Stuart Nachbar
Stuart Nachbar answered on Oct 21, 2019

Yes, they can foreclose on the Property, but they may not get a judgment against you personally (unless you Reafffirmed) and may not get a deficiency judgment against you

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3 Answers | Asked in Bankruptcy and Child Support for Colorado on
Q: My ex filed Chapter 13 he put $50K of child support/maintenance that is in arrears. Can he discharge that debt?

He owes $50 in back child support and maintenance to me for not paying for over a year and losing/quitting jobs several times and not paying. He is currently still be garnished for child support/maintenance. Can he discharge the child support/maintenance that is in arrears? Do I need to do... Read more »

Stuart Nachbar
Stuart Nachbar answered on Oct 20, 2019

No he can not but you should get an order of nondischargeability. You may have to file an adversary complaint to get same. Please speak with competent bankruptcy counsel in your area

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3 Answers | Asked in Bankruptcy for New Jersey on
Q: How can I find my docket bankruptcy
Stuart Nachbar
Stuart Nachbar answered on Oct 11, 2019

The two lawyers who already responded are both correct, but you could also call your attorney if you have one, or look on any notice from the Court and your case number will be on it

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2 Answers | Asked in Traffic Tickets for New Jersey on
Q: I got a surcharge of $250 settling a 0-9 mph speed ticket. I have 0 points before, legit?

I was trying to avoid 2 points for the speed ticket that was $85. They reduced it to unsafe driving I pleaded guilty for. I ended up paying $439 that included a $250 surcharge. I don’t have any points in the prior 3 years and no ticket. Can the court/prosecutor do this? Just trying to see if I... Read more »

Stuart Nachbar
Stuart Nachbar answered on Oct 8, 2019

You pled to a no point violation, but it does include the 250 surcharge. If you appeal, you will.wind up with the points.

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2 Answers | Asked in Bankruptcy for Delaware on
Q: How much does it cost for bankruptcy?
Stuart Nachbar
Stuart Nachbar answered on Oct 8, 2019

Depends on the attorney, the level of experience and complexity of your case, but figure anywhere from 2,000-4,000 + Filing fees and other costs.

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6 Answers | Asked in Bankruptcy for New Jersey on
Q: Why is my bankruptcy lawyer pushing me to sue my last employer and amend my current bankruptcy filing?

I had the absolute worst lawyer file my bankruptcy and overcharge me considerably. I don't know why she is so interested in my personal life but I did mention to her how severely discriminated I was at my last job. I thought about suing my previous employer but decided to let it go and... Read more »

Stuart Nachbar
Stuart Nachbar answered on Oct 7, 2019

The attorney must be sure the Petition is correct and if you left it off, then technically it is perjury. The Attorney could get employed by the Trustee if the Trustee wants him or her to be, so she could get an additional fee.

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3 Answers | Asked in Bankruptcy for New Jersey on
Q: Is there a way to discharge my remaining bankruptcy lawyer fees for a completely negligent lawyer?

My bankruptcy lawyer charged me $2500 for a chapter 7 - I don't have any hidden assets or a complicated case. I find out that my brother-in-law paid less than half. So far, I paid her $2000. I still owe $500 in 3 monthly installmants. I had to chase her for everything, and I mean everything. I... Read more »

Stuart Nachbar
Stuart Nachbar answered on Oct 7, 2019

While I do not condone not paying counsel, I am curious if you have filed the Petition, how she can be collecting on a pre-petition debt when 11 USC 362 says she/he cant. Even counsel fees can be seen pre-petition debt. I have heard of counsel doing this with a broken out Retainer for specific... Read more »

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1 Answer | Asked in Traffic Tickets for New Jersey on
Q: I was fine for not being in possession of my driver license. What to do
Stuart Nachbar
Stuart Nachbar answered on Oct 2, 2019

If you were given a ticket for not having on your person while driving a vehicle, pleads not guilty, then on your court date, go to court with the driver license and show it to the prosecutor who should reduce the fine

2 Answers | Asked in Traffic Tickets for New Jersey on
Q: I forgot my driver license at home and so was fine a $180. How do i avoid the payment.

I was also fine for speeding when am sure not speeding

Stuart Nachbar
Stuart Nachbar answered on Oct 2, 2019

Plead not guilty and show the Prosecutor the valid NJ Driver's license at the court date. As for the speeding, not enough info to answer

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2 Answers | Asked in Traffic Tickets for New Jersey on
Q: hello, I would like to know if Section 39:4-56 - Delaying Traffic Prohibited has points?
Stuart Nachbar
Stuart Nachbar answered on Sep 12, 2019

It is a No Point violation according to Motor Vehicle Commission Charts, meaning no points on your license. There is a fine which could range up to about 125.00 with costs included

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2 Answers | Asked in Traffic Tickets for New Jersey on
Q: How long until the points get off my license

This is if I happen to plead guilty and just get this over with and this has to do with a careless driving statue in N.J

Stuart Nachbar
Stuart Nachbar answered on Sep 10, 2019

Points come off usually after 18 months.

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