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Questions Answered by Stuart Nachbar
3 Answers | Asked in Bankruptcy for Texas on
Q: Hello, I need an opinion. Which is best if we have substantial IRS debt, chapter 13 or 7 and why?

we met with two attorneys and one recommended chapter 7 and the other recommended chapter 13 so we now are confused as to which is the best route since the opinions we not the same.

Stuart Nachbar
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Stuart Nachbar
answered on Feb 21, 2023

Your question is hard to answer in a vacuum. Both have advantages.. if taxes are over three years old and all returns have been filed and no extensions done such as offer in compromise, then 7 good.

If tax are Leins, and under three years old or you tried other methods, then paying the...
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2 Answers | Asked in Traffic Tickets and Immigration Law for New Jersey on
Q: My friend was given a ticket for driving with fictitious plates. He is undocumented. Should he plea online?

He was also given a ticket for lack of supervision of permit holder.

Stuart Nachbar
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Stuart Nachbar
answered on Nov 23, 2022

As we are not supposed to give specific legal advise here, please seek out representation from a criminal attorney who has knowledge of immigration law. There are specific offenses that can lead to deportation, but I do not believe that this is one of them

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1 Answer | Asked in Child Custody, Child Support and Bankruptcy for Oregon on
Q: can i discharge legal fees that are awarded for a custody but specifically NOT for support that i owe the other party,

my ex started a petition to change parenting time and custody and won custody and is now asking for thier legal fees. child support was never has never been part of this process nor in any of the motions or petitions simple custody and parenting time. i want to discharge these legal fee in a... Read more »

Stuart Nachbar
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Stuart Nachbar
answered on Nov 17, 2022

First and foremost, I recommend that you consult with Counsel experienced in this type of matter in your Jurisdiction.

Second, I would say, it depends on how it is written in the State Court, because 11 U.S.C. 523(a)(15) is a catch-all for any types of Orders in the matrimonial court not...
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3 Answers | Asked in Bankruptcy, Appeals / Appellate Law, Civil Litigation and Small Claims for Pennsylvania on
Q: Can I file bankruptcy if I have a judgement against me that I can't afford to pay.
Stuart Nachbar
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Stuart Nachbar
answered on Nov 8, 2022

Yes, you could potentially file for Bankruptcy on a Judgment that you can not afford to pay. There are many criteria that have to be satisfied, and I would urge you to seek out counsel in your state to assist you, but yes, this will not prevent you form filing, and this is the reason bankruptcy... Read more »

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1 Answer | Asked in Education Law for New Jersey on
Q: My son who is autistic and 6 years old has tree nut allergies, in the special needs school he attends he grabbed a piece

of peanut butter sandwich from his classmate and ate a piece of it resulting in vomitting and school nurse had to give him epipen shot and send him to ER on a ambulance, is the school liable for the medical costs of the Ambulance ride and ER visit. The teachers and school nurse are aware of his nut... Read more »

Stuart Nachbar
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Stuart Nachbar
answered on Oct 27, 2022

The question is not so much education as damages. Does your son have an IEP and is there a designated peanut free area and was he at it? Before one can answer your question, those questions posed would need to be answered. Sorry

2 Answers | Asked in Bankruptcy for Kentucky on
Q: If you have filed chapter 13 in 2020 and it was discharged, would I be eligible to file chapter 7?

My husband unfortunately has entered a rehab facility and is not able to help with our bills.

Stuart Nachbar
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Stuart Nachbar
answered on Oct 14, 2022

If you filed a Chapter 13 in 2020, how are you discharged already? If you got your discharge in 2020, it depends more on when you filed the Petition, as that is the controlling moment

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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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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
PREMIUM
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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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
PREMIUM
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.

4 Answers | Asked in Bankruptcy for New Jersey on
Q: I can’t find record of a consent judgment I have been making payments on when I do a judgment search. What can be reason

This judgment comes from a ch7 bankruptcy from 2 years ago which the creditor challenged in bankruptcy court and we agreed on a final number and payment plan which I have been making payments on. I did a search to see if my payments are recorded with court but the judgment isn’t even recorded it... Read more »

Stuart Nachbar
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Stuart Nachbar
answered on Jun 6, 2023

Your attorney should have a copy of same or it could be on the docket that the court maintains

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2 Answers | Asked in Traffic Tickets for New Jersey on
Q: If I’ve never had an offense before or been pulled over and got a ticket for texting a driving do i get points?

It was leaving my college in bumper to bumper traffic and i was on it for 2 seconds just to put in an adress, what do you think the court will give me

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Apr 5, 2023

39:4-97.3 Use of a handheld cellphone or electronic communication device while driving (if that it the violation code on the ticket) is a 3 point violation. You can try and plea bargain down by talking to the Prosecutor but you will wind up paying a higher fine

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2 Answers | Asked in Bankruptcy for Pennsylvania on
Q: i WOULD ASK MY UNCLE BUT HE HAS DEMENTIA AND HIS FAMILY WOULD LIKE TO KNOW.

tHE HURSING HOME WANTS TO KNOW WHEN HE FILED FOR BANKRUPTCY AND WHEN HE SIGNED THE HOUSE OVER TO MY OTHER NEPHEW WHO IS DEAD. IF IT WAS EASY TO FIND OUT THE ANSWER I WOULD NOT HAVE ASKED YOU. THANK YOU WE THOUGHT THERE WAS A COURT SOMEWHERE WE COULD ASK.

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Mar 24, 2023

You can look on PACER or you ca contact his Counsel

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2 Answers | Asked in Bankruptcy, Personal Injury and Civil Litigation for Florida on
Q: Can Civil Case Contempt affected by Bankruptcy filing?

UPDATE: I can't find where to respond to answers, so I will try to clarify better. There was a court order to both parties in the case to cease all public/private communications about the other in all forms, directly or indirectly, during active litigation. In the meantime, defendant filed... Read more »

Stuart Nachbar
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Stuart Nachbar
answered on Mar 17, 2023

Make a Motion to Vacate the Stay, and return to the State Court or have your counsel provide the information of the Contempt to the Trustee and present same to the bankruptcy Court

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4 Answers | Asked in Bankruptcy for New Jersey on
Q: am i relieved of wage garnishment when i file for chapter 7 bankruptcy
Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Mar 7, 2023

Yes, a chapter 7 will relieve your obligation provided you successfully complete same and recieve a discharge, provided that an adversary complaint objecting to discharge is not filed (and successfully litigated).

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1 Answer | Asked in Traffic Tickets for New Jersey on
Q: I have a couple tickets that are over 20yrs old in NJ with a warrant for driving with out a dl or suspended I can pay

To get warrant dropped but they say I still have to go to court problem is I don't live in NJ anymore and I am a single father so not trying to get locked up

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Feb 27, 2023

Most of the courts do things via zoom or courtcall and don't need in court appearance. If you are required to appear, we can request same by video conference due to your circumstances

3 Answers | Asked in Bankruptcy for Ohio on
Q: can I change my mind to file bankruptcy? Papers are ready but we have not signed off

I have paid the initial fee. The only thing we have signed is the initial papers to get started. I understand I may lose my initial fee but can I still stop the process?

Thank you

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Feb 20, 2023

As far as I know, if you have not filed the bankruptcy, then you can request that counsel file under a different Chapter if possible. Chapter 7 vs Chapter 13. You may ahve to pay additional monies but it should be able to be done prior to filing without much trouble.

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3 Answers | Asked in Traffic Tickets for New Jersey on
Q: Should I attend the virtual hearing myself or hire a lawyer?

The ticket was careless driving. I hit a railing and my friend was injured. Now I am contacting my insurance company. I don't know what this hearing is about. If I say something wrong at the hearing, will I take all the responsibility for this accident and then the insurance will not pay the... Read more »

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Feb 17, 2023

I always urge people to contact and discuss with counsel. This is especially true when an accident is involved with injuries. Please contact counsel in your area.

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