Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Stuart Nachbar
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

View More Answers

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.

View More Answers

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

View More Answers

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 »

View More Answers

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.

View More Answers

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.

View More Answers

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

View More Answers

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.

View More Answers

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

View More Answers

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.

View More Answers

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 »

View More Answers

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 »

View More Answers

3 Answers | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Constitutional Law for New Jersey on
Q: Can I get a Disorderly conduct plea taken off my record or fully sealed or expunged, this conviction was IN NY.

I was arrested 10 years ago In NY when I was 22 , and i understand my conviction was conditional discharge, I wanted to know if there is anyway I can get it expunged or pardoned in any way, I have noticed that I have applied for many govt jobs and have been turned down do to my criminal background,... Read more »

Stuart Nachbar
Stuart Nachbar answered on Apr 22, 2020

You would have to apply in New York, not New Jersey to have it expunged. A Conditional Discharge, if that is what you got, should no longer be on your record as that is the purpose of same.

View More Answers

4 Answers | Asked in Bankruptcy for Tennessee on
Q: Can I get a secured credit card while in chapter 13 bankruptcy to help build my credit back up?
Stuart Nachbar
Stuart Nachbar answered on Apr 19, 2020

While in a chapter 13, any attempt to obtain credit requires authorization of the Chapter 13 Trustee in your Court under 11 USC 363.

View More Answers

1 Answer | Asked in Education Law for New Jersey on
Q: Hello, I teach college and part of the requirements of my course is to have students write and present a lesson plan.

I asked the student to collaborate with me to write up an article and submit it to an educational journal. She said it was her property and no, she didn't want me to use her idea. There was a similar lesson online. I researched the idea and elaborated greatly. Does she have the right to... Read more »

Stuart Nachbar
Stuart Nachbar answered on Apr 16, 2020

As a teacher, I believe you can with the student's permission. I would actually suggest that you try placing this question in a publishing forum or Intellectual Property forum

3 Answers | Asked in Bankruptcy for Colorado on
Q: I qualify for Chapter 7. After I file will my stimulus money be an estate asset that bankruptcy trustee can take?
Stuart Nachbar
Stuart Nachbar answered on Apr 16, 2020

Under the Stimulus Package, in Section 1113(b), Congress has decided that these Stimulus payments to the American people should not count against them, when it comes to bankruptcy. As such, in the Stimulus Package, Congress is amending the Bankruptcy Code as follows: “[e]xclusion from Current... Read more »

View More Answers

3 Answers | Asked in Bankruptcy for Colorado on
Q: I will be filing Chapter 7 at the end of April. I just received my stimulus money. Will the bankruptcy trustee take it?
Stuart Nachbar
Stuart Nachbar answered on Apr 15, 2020

Under the Stimulus Package, in Section 1113(b), Congress has decided that these stimulus payments to the American people should not count against them when it comes to bankruptcy. As such, in the Stimulus Package, Congress is amending the Bankruptcy Code as follows: “[e]xclusion from Current... Read more »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.