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Questions Answered by Stuart Nachbar

2 Answers | Asked in Bankruptcy for Florida on

Q: I filed bankruptcy in 2014 or 15 how can I get a copy of it my lawyer seems to have been suspended and does not answer

I also have been contacted by a collection agency

Stuart Nachbar answered on Jun 13, 2019

You can go online to www.pacer.gov and set up an account and find it that way or you can go to the Bankruptcy Court and make the request

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3 Answers | Asked in Bankruptcy on

Q: If I file chapter 7, will they make me sell my home and property?

Stuart Nachbar answered on Jun 7, 2019

This is a very broad question, and without sufficient details to give a precise answer. Such things one needs to know is in what jurisdiction are you filing? What is the Fair market value of the house vs the outstanding balance owed on same? Without answering or knowing those items, very... Read more »

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2 Answers | Asked in Traffic Tickets for New Jersey on

Q: need an office consultation with a traffic ticket lawyers

how can we arrange as soon is possible an office consultations with some of yours traffic ticket lawyers

We live in Monmouth Junction 08852 Nj

Regards

Stuart Nachbar answered on Jun 5, 2019

I offer free consults no matter what if you want to call my office number located on my profile

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2 Answers | Asked in Bankruptcy on

Q: May I know how to sue someone who refused to pay back the money he borrowed from me please?

Stuart Nachbar answered on Jun 4, 2019

While Counsel who has previously answered is correct, you have posted this in Bankruptcy, so I presume that the person who owes you money has filed for bankruptcy. If they have you are prevented from filing a complaint in the State Court system. The only way is to file either a Motion to Vacate... Read more »

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3 Answers | Asked in Bankruptcy for New York on

Q: Can we obtain low cost or free Lawyer services for Bankruptcy filing?

We have no assets and no savings. We need to declare Chapter 7 as soon as possible, We are in Suffolk County, NY.

Stuart Nachbar answered on May 24, 2019

Call legal services of Suffolk county, or call the court and ask for the lawyers referral service

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2 Answers | Asked in Bankruptcy for Florida on

Q: After chapter 13 bankruptcy payments begin, can trustee take VA disability income away?

I'm 74 years old. Chapter 13 payments began in July of last year, to save house and repay a certain percentage of unsecured debt, on 5-year plan. They take over half of fixed income from military retirement, SS, and pension plans. At the time I was only on 40% of VA disability, so no direct... Read more »

Stuart Nachbar answered on May 9, 2019

A drastic change in circumstances warrant advising the trustee. It would not be part of your Current Monthly Income Test as it would be exempt. Trustee should not be able to seize or demand those funds.

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1 Answer | Asked in Bankruptcy for Idaho on

Q: In a chapter 7 before discharge after 341 meeting can I finance a care without asking the trustees

I had my 341 meeting in April, last week the front end went out in my Jeep so I financed a cheap car now I am hearing contradictory information stating that it was ok that I did that and others saying I needed to ask permission first, which is true?

Stuart Nachbar answered on May 6, 2019

You should.always check with the trustee before doing that

2 Answers | Asked in Bankruptcy for Georgia on

Q: Is there any action I can take over a discharged bankruptcy debt

This debt was thru a dispute over a car rental for three days that did not involve an accident that was discharged over two years ago on a bankruptcy. In retribution, the Enterprise Car rental has placed me on a do not rent list along with its sister agency's which prevents me from renting a car.

Stuart Nachbar answered on May 5, 2019

Actually, there is. Contact your atty about reopening case, and filing a motion for violation of the anti discrimination clause of the bankruptcy code. You could possibly be awarded sanctions

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4 Answers | Asked in Bankruptcy for Pennsylvania on

Q: If a debt is included in chapter 13 bankruptcy, can it be sold to a collection agency

Stuart Nachbar answered on May 5, 2019

Yes it can, during the bankruptcy, but it is still subject to any and all treatment it is accorded in the bankruptcy

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5 Answers | Asked in Bankruptcy for New York on

Q: Can a senior citizen with dementia have any sort of assistance in her meeting with the trustee? Memory loss is an issue

Daughter has power of attorney. She needs to recall two addresses and her mental capacity is making it incredibly difficult for her to remember them and state them in the hearing

Stuart Nachbar answered on May 2, 2019

If the daughter has a POA, did she sign the petition on behalf of mom? If so, the daughter may be allowed to testify

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2 Answers | Asked in Bankruptcy for Ohio on

Q: My husband and I filed ch. 13 in 10/2014 & roughly claimed 20k. We have paid just shy of 70k in 4 1/2 yrs. Seem legit?

Stuart Nachbar answered on May 2, 2019

While you have may only listed 20k, it depends on how much in proofs of claim that were filed and approved. Check with counsel on your case

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5 Answers | Asked in Bankruptcy for Michigan on

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

Stuart Nachbar answered on Apr 15, 2019

Usually it is not included in CMI but that is a jurisdictional issue, so contact counsel in your state

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2 Answers | Asked in Traffic Tickets for New Jersey on

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

The intersection had a flashing yellow signal. The "Road closed AHEAD" was place after the intersection and not before. The police officer was in his car, behind the barriers, with no lights on, just past the intersection. There was a small indistinct arrow on the barriers that appeared to me as... Read more »

Stuart Nachbar answered on Apr 9, 2019

Yes you can fight it, but I would not go it alone. Be smart and get counsel to assist you

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2 Answers | Asked in Traffic Tickets for New Jersey on

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

we had asked what was the reason for the pull over the officer responded to my fiance who was driving and i in the passenger side and the officer said for driving with a suspended license and suspended registration. my car is legit my license is not suspended and i dont know how the officer was... Read more »

Stuart Nachbar answered on Apr 9, 2019

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.

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1 Answer | Asked in Education Law for New Jersey on

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

Stuart Nachbar answered on Mar 27, 2019

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... Read more »

5 Answers | Asked in Bankruptcy for New York on

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

Stuart Nachbar answered on Mar 6, 2019

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.

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3 Answers | Asked in Bankruptcy for New York on

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

5 weeks ago or do they naturally give you an extention of time and how much?

Stuart Nachbar answered on Mar 4, 2019

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.

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6 Answers | Asked in Bankruptcy for New York on

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,

And do the bank have to motion the court again to remove the chpt13 stay?

Stuart Nachbar answered on Mar 2, 2019

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.

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3 Answers | Asked in Bankruptcy for Colorado on

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.

In Colorado Aurora Arapahoe county

Stuart Nachbar answered on Feb 21, 2019

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

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4 Answers | Asked in Bankruptcy, Consumer Law, Contracts and Copyright on

Q: what does a lawyer do

Stuart Nachbar answered on Feb 18, 2019

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... Read more »

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