Questions Answered by Stuart Nachbar
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
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
Q: If I file chapter 7, will they make me sell my home and property?
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 »
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
I offer free consults no matter what if you want to call my office number located on my profile
Q: May I know how to sue someone who refused to pay back the money he borrowed from me please?
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 »
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.
Call legal services of Suffolk county, or call the court and ask for the lawyers referral service
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 »
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.
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?
You should.always check with the trustee before doing that
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.
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
Q: If a debt is included in chapter 13 bankruptcy, can it be sold to a collection agency
Yes it can, during the bankruptcy, but it is still subject to any and all treatment it is accorded in the bankruptcy
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
If the daughter has a POA, did she sign the petition on behalf of mom? If so, the daughter may be allowed to testify
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?
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
Q: is social security counted as disposible income in a chapter 13 bankruptcy
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
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 »
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
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 »
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
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 »
Q: When you get your chp.7 bankruptcy discharge order does that end the automatic stay?
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
5 weeks ago or do they naturally give you an extention of time and how much?
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,
And do the bank have to motion the court again to remove the chpt13 stay?
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.
In Colorado Aurora Arapahoe county
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
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 »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
