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Questions Answered by Stuart Nachbar
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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2 Answers | Asked in Traffic Tickets for New Jersey on
Q: Can someone be charged with jaywalking if there are no cars on the road but crosses in the middle of the block?
Stuart Nachbar
Stuart Nachbar answered on Feb 9, 2020

Yes. NJ law is that pedestrians must cross in crosswalks (if present) and if not present at nearest corner, otherwise it is jaywalking. Traffic present is not an issue

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1 Answer | Asked in Traffic Tickets for New Jersey on
Q: 39:4-67 Obstructing passage of other vehicles

I entered the NJ garden state parkway and immediately there was traffic in all the other lanes, the lane I entered eventually starts to become an exit lane but there's no room for me to swap lanes. About 3/4 of the way I managed to get over before my lanes turned into a shoulder lane, so I either... Read more »

Stuart Nachbar
Stuart Nachbar answered on Jan 28, 2020

Just plead guilty and pay the.minimal fine as 4:67 is a zero point violation.

2 Answers | Asked in Traffic Tickets for New Jersey on
Q: I was pulled by a cop for expired registration of my car.Gave a ticket as “Driving after registration suspended/revoked

And asked me to go to court.Attended the court but the judge asked me to return for next court hearing.Any idea about this

Stuart Nachbar
Stuart Nachbar answered on Jan 27, 2020

They probably did not have the paperwork from MVC showing that your registration had been suspended and they rescheduled so as to allow same to be forwarded properly

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2 Answers | Asked in Bankruptcy for Indiana on
Q: Can bankruptcy stop a garnishment if my pay is being garnished before i file .
Stuart Nachbar
Stuart Nachbar answered on Jan 18, 2020

Yes, the filing of the bankruptcy will stop the garnishment and may even result of the sheriff returning any funds he has not turned over to the judgment creditor

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1 Answer | Asked in Education Law for New Jersey on
Q: Does a ruling by a federal district court in one state have any bearing on a similar case in another state
Stuart Nachbar
Stuart Nachbar answered on Jan 12, 2020

This question was recently asked and I posted the following: Your question involves the application of binding vs non binding authority and primary vs secondary authority. The District Court will look at the other state case, if there is no prior case on with the same facts and rules applicable in... Read more »

1 Answer | Asked in Education Law for New Jersey on
Q: Does a ruling by a federal district court in one state have any bearing on a similar case in another state
Stuart Nachbar
Stuart Nachbar answered on Jan 11, 2020

Your question involves the application of binding vs non binding authority and primary vs secondary authority. The District Court will look at the other state case, if there is no prior case on with the same facts and rules applicable in their District. Attorneys raise such cases (from outside... Read more »

3 Answers | Asked in Bankruptcy for Texas on
Q: Should I add a petitioning lawyer to my BK creditor list when being sued? I'm filing at the end of December.

This is the lawyer that represents one of the credit unions that I had a loan through.

Stuart Nachbar
Stuart Nachbar answered on Dec 18, 2019

You absolutely should give notice to the attorney representing the Credit Union that is suing you

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1 Answer | Asked in Collections for New Jersey on
Q: Was served judgement letter for break of contract. Shous I contact their lawyer or respond to the courts with letter?
Stuart Nachbar
Stuart Nachbar answered on Dec 14, 2019

You should have previously been served with a Summins and Complaint and other documents. If you are going to try admnf work it out, call the lawyer. If you are objecting to the judgment, you file with the clerk of the court and copy the lawyer

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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