Questions Answered by Stuart Nachbar

Q: is social security counted as disposible income in a chapter 13 bankruptcy

5 Answers | Asked in Bankruptcy for Michigan on
Answered on Apr 15, 2019
Stuart Nachbar's answer
Usually it is not included in CMI but that is a jurisdictional issue, so contact counsel in your state

Q: I just received NJ violation 39.4.94.2b it was at an intersection that was not clearly marked.How likely can I fight it

2 Answers | Asked in Traffic Tickets for New Jersey on
Answered on Apr 9, 2019
Stuart Nachbar's answer
Yes you can fight it, but I would not go it alone. Be smart and get counsel to assist you

Q: Hi, My fiance was driving my car which is registered and insured under my name. An officer pulled us over

2 Answers | Asked in Traffic Tickets for New Jersey on
Answered on Apr 9, 2019
Stuart Nachbar's answer
You definitely need to get Counsel to sort out this mess. I am not sure why you were pulled over unless there was something amiss with the traffic stop. Please seek out counsel to assist in this matter.

Q: My child was absent 18.5 days what should happen now if I have court about this metter

1 Answer | Asked in Education Law for New Jersey on
Answered on Mar 27, 2019
Stuart Nachbar's answer
Student absenteeism can lead to low academic achievement, dropping out of school, delinquency and gang involvement. School districts that have established multi-systemic approaches and policies pertaining to student absenteeism typically experience fewer numbers of dropouts and a greater number of graduates.

The compulsory education law (N.J.S.A. 18A:38-28 through 31) requires all children between the ages of 6-16 to attend school. The attendance regulations (N.J.A.C. 6A:16-7.6),...

Q: When you get your chp.7 bankruptcy discharge order does that end the automatic stay?

5 Answers | Asked in Bankruptcy for New York on
Answered on Mar 6, 2019
Stuart Nachbar's answer
Yes, technically the automatic stay dissolves on the issuance of the Discharge Order, but the injunctive nature of the Discharges kicks in with relation to any pre-petition debts.

Q: Im late in filing the last credit councelling certificate in my Chapt. 7, will I still get a discharge if it was due

3 Answers | Asked in Bankruptcy for New York on
Answered on Mar 4, 2019
Stuart Nachbar's answer
First of all speak with your counsel if you have one. If you do not, find out if the case is closed. If not try filing same. If it is closed without Discharge for Failure to File the Debtor Education Course, you will need to make a Motion to Reopen to allow the filing of same.

Q: I filed chpt.7 but my automatic stay was removed by the bank, if i convert to a chpt13 do i get a new automatic stay,

6 Answers | Asked in Bankruptcy for New York on
Answered on Mar 2, 2019
Stuart Nachbar's answer
While I agree with the other two answers, it also depends on how the original order lifting the stay was written. The Order could state that the Order survives any conversion. Please seek out counsel in your jurisdiction if you do not already have counsel working on your case.

Q: Is there a lawyer who can help me apply for c7 or c13 I don’t have that kind of money but can pay in installments.

3 Answers | Asked in Bankruptcy for Colorado on
Answered on Feb 21, 2019
Stuart Nachbar's answer
If you are filing for Chapter 13, then you could put Counsel fees through your Chapter 13 Plan. If you are filing for Chapter 7, fees need to be paid before filing so as to not run afoul of the automatic stay of 11 USC 362

Q: what does a lawyer do

4 Answers | Asked in Bankruptcy, Consumer Law, Contracts and Copyright on
Answered on Feb 18, 2019
Stuart Nachbar's answer
I am not really sure what you are asking, but since you posted in the Bankruptcy section, we meet with clients, prepare Petitions, attend 341(a) Meetings, appear on all Court matters including confirmation hearings, and motion hearings and handle bankruptcy litigation when Creditors oppose a Discharge

Q: 2/11/19: got a ticket in Mercer Co., NJ for driving without a license (it had expired 3 days prior on 2/8/19)

3 Answers | Asked in Traffic Tickets for New Jersey on
Answered on Feb 15, 2019
Stuart Nachbar's answer
Probably not to drop the case, but you can probably get the Prosecutor to lower the charge to a basic failure to have in possession which is just a small fine

Q: Will I lose my tax return??? Filed chapter 7

3 Answers | Asked in Bankruptcy and Tax Law for Indiana on
Answered on Feb 14, 2019
Stuart Nachbar's answer
The answer depends on if same was exempted out. Some states follow the federal exemptions and some go with State Exemptions. Talk to your counsel about same and make sure it was properly exempted out.

Q: Do I need a bankruptcy lawyer?

3 Answers | Asked in Bankruptcy on
Answered on Feb 13, 2019
Stuart Nachbar's answer
Without any details, it is hard to say, but probably yes.

Q: How do I find a Bankruptcy lawyer in Sioux Falls, SD that can file for an Iowa bankruptcy?

2 Answers | Asked in Bankruptcy for South Dakota on
Answered on Feb 11, 2019
Stuart Nachbar's answer
As long as you have been in Sioux Falls for 6 months (180 days), you can file in your current state, otherwise, you have to file where the business was. As a sole proprietor your business goes where you are

Q: How does bankruptcy affect tax refunds?

3 Answers | Asked in Bankruptcy for Arizona on
Answered on Feb 9, 2019
Stuart Nachbar's answer
I wod tell you seek out professional counsel on this because of the exemptions which you can use to shelter certain items. I do not know of you are in a federal exemptions state or a state based exemption state. That will be and make the difference

Q: I have a bankruptcy chapter 13 question please?

2 Answers | Asked in Bankruptcy, Consumer Law and Family Law for Maryland on
Answered on Feb 8, 2019
Stuart Nachbar's answer
The Chapter 13 Trustee could escrow the funds with the Court, and allow your Discharge. I would look into that option

Q: I am currently in bankruptcy ch 13 for 9 months my landlord is evicting me can I stop it

1 Answer | Asked in Bankruptcy and Landlord - Tenant for Georgia on
Answered on Feb 7, 2019
Stuart Nachbar's answer
Your Landlord would have to go to the Bankruptcy Court to request permission to file in State Court. Call your Bankruptcy lawyer immediately

Q: i have a large credit card debt my husband is not aware of we own a home with 80 acreas of land can i file bankruptcy

3 Answers | Asked in Bankruptcy for Kentucky on
Answered on Feb 7, 2019
Stuart Nachbar's answer
All assets must be included, and all debts. Further, you must include "Household income" for the past six months, so you will have to obtain that information if your spouse is employed. Better to come clean and deal with as a team.

Q: My mom passed with no will I'm bout to lose her house to foreclosure can I file bankruptcy to save house

3 Answers | Asked in Bankruptcy for Arkansas on
Answered on Feb 7, 2019
Stuart Nachbar's answer
Yes, it is possible if you have taken the house pursuant to the intestacy laws in your state. I suggest speaking with an attorney familiar with both bankruptcy and estate administration.

Q: I bought a car with my fiancé he filed chapter 7 and the loan was discharged he did not sign a reaffirmation form but I

2 Answers | Asked in Bankruptcy for Ohio on
Answered on Feb 3, 2019
Stuart Nachbar's answer
It depends on whether you cosigned the loan. You are not covered by the bankruptcy. If you cosigned, then you are liable. If you did not, then they are correct

Q: If I am being sued by a credit card company can I still file for bankruptcy?

6 Answers | Asked in Bankruptcy for New York on
Answered on Feb 1, 2019
Stuart Nachbar's answer
Yes you would be able to file for bankruptcy even if you did not successfully complete the debt consolidation

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