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Questions Answered by Stuart Nachbar
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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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.

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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.

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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 »

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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 »

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2 Answers | Asked in Criminal Law, Traffic Tickets and Car Accidents for New Jersey on
Q: Hello I am reviewing the statute 39:4-97.5. I am struggling to understand it. Any chance you can provide an example?
Stuart Nachbar
Stuart Nachbar answered on Apr 15, 2020

Here is what you should think about: The State makes a law and then the town writes a law that changes or is in conflict with the State Law. Example: State Law is that Cell Phones cant be used while driving anywhere. County or Municipality writes a law that says in our town you can use your cell... Read more »

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2 Answers | Asked in Bankruptcy for Tennessee on
Q: Hi my name is Zack and Im trying to check the status of my ch.13 case in the eastern district of Tennessee.
Stuart Nachbar
Stuart Nachbar answered on Apr 14, 2020

A. You should call your attorney

B. You can set up an account on PACER

C. You should set up an account on NDC.org

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2 Answers | Asked in Bankruptcy for Indiana on
Q: My ch7 discharged in July 19'. Willl the trustee take my stimulus check?
Stuart Nachbar
Stuart Nachbar answered on Apr 11, 2020

If your bankruptcy was discharged, meaning an order of discharge was entered and usually closed after its entry, then the trustee cant reopen to take stimulus check. ALSO, it is a post petition asset, so it should be no issue

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4 Answers | Asked in Bankruptcy and Social Security for New Jersey on
Q: In New Jersey, will I be able to keep stimulus check 2020? I'm disabled on SSI and SSD and will be filing chapter 7.

I'm in the process of starting Chapter 7 and will be receiving help from nonprofit organization that provides legal services to low income individuals. I was assigned a lawyer but because of COVID-19 was not able to meet and give the packet of information they sent me to him. Another... Read more »

Stuart Nachbar
Stuart Nachbar answered on Apr 11, 2020

As a bankruptcy attorney I can tell you this, your stimulus check in a chapter 7 according to the Cares act and stimulus act is not considered income for the means test under chapter 7. Further being that you have engaged counsel, meaning you have signed a retainer with him, we recommend that you... Read more »

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1 Answer | Asked in Traffic Tickets for New Jersey on
Q: Is 39:4-11 still in effect?
Stuart Nachbar
Stuart Nachbar answered on Apr 6, 2020

As far as I know, the statute is still in effect.. the statute reads as follows: No person shall operate a bicycle unless it is equipped with a bell or other device capable of giving a signal audible for a distance of at least one hundred feet, except that a bicycle shall not be equipped with nor... Read more »

3 Answers | Asked in Bankruptcy for Arizona on
Q: chapt 7 stimulus checks

hello I am in the middle of a chapt 7 BK will my Trustee get our stimulus checks. My wife is not in my BK

Stuart Nachbar
Stuart Nachbar answered on Mar 29, 2020

I do not believe that the stimulus checks will go to the trustee. It is a post petition payment in your case and according to the stimulus bill, it is exempt from income on the means test.

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5 Answers | Asked in Bankruptcy and Tax Law for California on
Q: Are income taxes from about 10 years ago dischargeable through chapter 7 bankruptcy?

My partner never filed the tax return for those years. I believe IRS filed substitute returns and the income taxes owed for each year were assessed a while ago. Do I need to file returns for those years before filing bankruptcy?

Stuart Nachbar
Stuart Nachbar answered on Mar 22, 2020

Yes you need to file and those assessments are not dischargeable. Check with counsel in your jurisdiction before you file

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3 Answers | Asked in Bankruptcy for Pennsylvania on
Q: We are in bankruptcy. My husband just lost his job what should we do
Stuart Nachbar
Stuart Nachbar answered on Mar 18, 2020

Going to answer two ways, as you did not indicate if you are in a Chapter 7 or 13

Chapter 7, there is nothing to do, except the 2nd Credit Counseling Course, if not done, and await your discharge. Remember do not touch any exempted assets unless and until the Trustee reports No...
Read more »

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5 Answers | Asked in Bankruptcy for New Jersey on
Q: What do I do if I paid a lawer for bankruptcy and they have done nothing, and refuse to answer call or emails?
Stuart Nachbar
Stuart Nachbar answered on Mar 5, 2020

I recommend going to their office and sitting yourself there until you get an answer

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3 Answers | Asked in Car Accidents for New Jersey on
Q: Is it worth getting a lawyer for an accident I was in where the other insurance has accepted responsibility

The other driver was under the influence, backed into me, I was diagnosed with concussion and have had some back pain since. They have already offered 1100.

Stuart Nachbar
Stuart Nachbar answered on Feb 22, 2020

If you have seriously been diagnosed with a concussion from a medical doctor and you have back pain, I recommend getting to a doctor and a lawyer and not accept $1,100.00 .

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3 Answers | Asked in Bankruptcy for Mississippi on
Q: I have 15,000 in medical bills, no credit card, vehicle is fully owned, no other loans or bills. Can I file bankruptcy
Stuart Nachbar
Stuart Nachbar answered on Feb 18, 2020

Yes, you probably can, but I can not say that it is a good idea, because you do not put enough information down. Such as, do you own any REAL property (such as house) as that would affect the type of bankruptcy you would file. Please speak with a qualified bankruptcy attorney in your jurisdiction.

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3 Answers | Asked in Bankruptcy on
Q: Can I file for bankruptcy if I am married but we have no joint accounts or debt?

I do not want him involved in the bankruptcy

Stuart Nachbar
Stuart Nachbar answered on Feb 18, 2020

Your spouse would be involved to the extent that you are required to show what his wages have been for the past 6 months as the Means Test requires you to show evidence of the household income. This will determine if you can file a Chapter 7 or Chapter 13.

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