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Questions Answered by Justin M. Gillman
3 Answers | Asked in Bankruptcy and Divorce on
Q: What do I file in bankruptcy court or district court to stop a creditor from receiving double payments?

I just received an opinion from the supreme court stating my former spouse can get $120,299.28 from my TSP retirement. Before this I already had a confirmed chapter 13 plan to pay my former spouse. The trustee held off paying any creditors until this ruling from the supreme court came through.... Read more »

Justin M. Gillman
Justin M. Gillman answered on Oct 8, 2020

The first step is to immediately consult an experienced bankruptcy attorney. You are describing a situation that requires legal action. I would contact the Chapter 13 Trustee to place a hold on distributions and you may need to file a motion or modified plan based on the change in the situation.... Read more »

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4 Answers | Asked in Bankruptcy for New Jersey on
Q: What if someone is guilty of non-compliance with multiple civil court orders prior to bankruptcy filing?

If he is found guilty of perjury on his bankruptcy forms would he be bound to the court orders of the civil suit? The contract for the sale of my house was drawn up the day before he filed for bankruptcy. He ignored a court order and refused to sign and ignored multiple orders prior to that one.... Read more »

Justin M. Gillman
Justin M. Gillman answered on Feb 13, 2020

First, you should consult an experienced bankruptcy attorney. This is a very complicated fact situation and how that interplays with the laws in your state and jurisdiction are important. A good lawyer should also review costs with you and give you experienced advice on likelihood of success,... Read more »

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4 Answers | Asked in Bankruptcy, Consumer Law and Contracts for Florida on
Q: What type of lawyer do I need?

I paid a company a $20k deposit and was told they have filed bankruptcy. This has not been confirmed and I have not received any notices in the mail. I would like to know my options.

Justin M. Gillman
Justin M. Gillman answered on Jan 27, 2020

I am not an attorney in Florida but believe your recommended course of action is the same. First, if a company filed bankruptcy, it is public information and therefore accessible. That would be the easiest starting point to determine if the company has filed. Sometimes, companies say they... Read more »

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2 Answers | Asked in Foreclosure for New Jersey on
Q: Is curing a default by the date in a notice of intention to foreclose letter in NJ using the once every 18 month renstmt

Is curing a default when a mortgage is in pre-foreclosure by the due date in a notice of intention to foreclose letter sent by the creditor to the mortgage debtor in New Jersey using up the once every 18 month reinstatement privilege New Jersey offers the mortgage debtor? Basically what I’m... Read more »

Justin M. Gillman
Justin M. Gillman answered on Jan 6, 2020

Your question is a little hard to understand but let me try to answer what I think you are asking. First, under NJ foreclosure law, a mortgage company may not file a foreclosure complaint for at least 30 days after the Notice of Intent (NOI) is sent. So this gives you 30 days to cure before a... Read more »

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2 Answers | Asked in Bankruptcy for Tennessee on
Q: I filed chapter 13 because I was told I had too many assets now they want to dismiss my case because I am in arrears

12000$ if they dismiss can I file for chapter 7 bankruptcy now

Justin M. Gillman
Justin M. Gillman answered on Jan 3, 2020

If you filed Chapter 13 to avoid a liquidation of your assets in Chapter 7, filing a chapter 7 case now because you were not successful in your Chapter 13 case WILL NOT stop the Chapter 7 trustee from liquidating assets. When filing a Chapter 13 case due to liquidation issues, you must be aware... Read more »

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2 Answers | Asked in Foreclosure for Arizona on
Q: A timeshare was foreclosure, what should i do?
Justin M. Gillman
Justin M. Gillman answered on Jan 3, 2020

The information you provide is very limited but if you did not wish to retain the timeshare, allowing it to be taken via a foreclosure process is not a problem. The issue that may come up is whether the management company will seek to recover any past due amounts on any lien or for maintenance.... Read more »

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2 Answers | Asked in Bankruptcy for Michigan on
Q: SSDI is not considered in the Ch 7 means test, but counts as a resource to pay creditors in the budget section, right?

If that's true, in reality it is counted as income that can pay creditors, which can exclude us from Ch 7 if the SSDI is too high. If that's incorrect or only partly true, can you please explain how SSDI is handled? Many thanks.

Justin M. Gillman
Justin M. Gillman answered on Jan 3, 2020

Yes, SSDI is not "income" for the purposes of the Chapter 7 means test. As for "Schedule I Income", we always list the social security income but note that pursuant to applicable federal law, social security income is exempt from attachment/payment to creditors pursuant to 42... Read more »

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2 Answers | Asked in Bankruptcy on
Q: Can you find online for me a bankruptcy case filed 4/29/2019 Chapter 7- court: NJ Newark -release number is 1023083
Justin M. Gillman
Justin M. Gillman answered on Dec 23, 2019

I am sorry but we do not search cases unless we are consulting or have been retained. Also, the information you are providing is insufficient. There may be many cases filed in the Newark vicinage on that date.

If you are a debtor, you can obtain this information by going to the Court...
Read more »

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1 Answer | Asked in Bankruptcy for Georgia on
Q: In chapter 7 can one exempt his primary residence ?
Justin M. Gillman
Justin M. Gillman answered on Dec 20, 2019

First, you should consult with an attorney as questions of exemptions and assets often are very fact sensitive and can be complicated when it comes to all of a filing debtor's assets. Georgia, I believe, does not recognize the federal exemptions and therefore you would be limited to state... Read more »

1 Answer | Asked in Bankruptcy for Arizona on
Q: Inheritance during chapter 13

I am 3 years into chapter 13 with 2 years left. My base plan is $22,000 which I’ve paid $12,000 $10,000 left. This is for secured creditors. Question is if I was to receive an inheritance for $50,000 for example, would trustee take $10,000 only? I have many unsecured creditors so would they take... Read more »

Justin M. Gillman
Justin M. Gillman answered on Dec 20, 2019

This is an extremely complicated question and one that should be reviewed as soon as possible with an experienced attorney who practices in the jurisdiction in which your case was filed. There is no generic answer to the question but the more promptly you review this with an attorney, the better... Read more »

3 Answers | Asked in Bankruptcy and Collections for Louisiana on
Q: Do I need to make payment of not ?

My Dad & I have a joint car loan accout, I went online to make payment & it said- Account in bankruptcy you can make payment if you choose but we aren't attempting to collect a Dept. -I have paid for this car sense 2016 & want to know what I need to do moving forward or will my can... Read more »

Justin M. Gillman
Justin M. Gillman answered on Dec 20, 2019

This probably means that either you or your father have filed for bankruptcy. When you say "joint" loan, that means that you both signed the original loan documents. If that is the case, you can still tender a payment to the car loan company by either calling or mailing in the check.... Read more »

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1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: My daughter was staying with me and got into an argument with my boyfriend

My daughter had been staying with me and and hot into an argument with my boyfriend she called the police. She left, but after a few months she has had to come back. My boyfriend and landlord has said she's not welcome her and cannot come back since she called the police. Can he do 6

Justin M. Gillman
Justin M. Gillman answered on Dec 2, 2019

If you have a written lease, it can control how many people can live within the unit. If there is no written lease, it is possible that the landlord cannot seek to restrict your daughter. I cannot speak to whether your boyfriend can restrict this as it would not be typical for him to have any... Read more »

2 Answers | Asked in Family Law for New Jersey on
Q: my ex wife has a lien on my house. The house got sold at Sheriff's sale. Now she wants her money PLUS interest. Yes/No

In 2010 I signed a consent decree giving my ex a lien on my house in lieu of back alimony I owed her ($ 80,000).

My house was sold at Sheriff's sale last November the proceeds being held by the Superior Court in Trenton. My ex has recently filed a motion for payment of the lien, 80 K,... Read more »

Justin M. Gillman
Justin M. Gillman answered on Dec 2, 2019

First, if a judgment was entered, there is an applicable rate of New Jersey Judgment interest. This does not typically apply to judgments out of the family court but the facts you present are not clear. As a junior lien holder, she has a right to seek to collect from any surplus funds being held... Read more »

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1 Answer | Asked in Foreclosure and Legal Malpractice for Illinois on
Q: My home was foreclosed on and taking all the way to a default motion.This was done off a piggybacked summons 2-619.3.
Justin M. Gillman
Justin M. Gillman answered on Dec 2, 2019

I am not sure I understand this question to be able to provide an answer. In terms of foreclosure, if there is no timely answer to the complaint, a Plaintiff may move for "default". This typically addresses the issue of whether the Plaintiff has a right to foreclose. After that, there... Read more »

1 Answer | Asked in Bankruptcy for Ohio on
Q: If I have a lease agreement for a 1300 laptop and I pay it off right before filing bankruptcy, will they take it?

Leasing from Progressive, it cost $1300 total. I want to pay it off in 90 days. If I pay it off and then file for bankruptcy in 2-3 months will they look at the payments from a bank statement and take the property?

Justin M. Gillman
Justin M. Gillman answered on Dec 2, 2019

Not sure the "leasing" part is accurate. If you will own the laptop after it is paid off, it will be an asset and paying it prior to bankruptcy as a secured creditor (or lease) should not materially impact your case. You will have to disclose it. The issue would be that it was a... Read more »

2 Answers | Asked in Bankruptcy for Massachusetts on
Q: Can a "payroll register" be used in place of pay stub when filling bankruptcy? My employer doesn't have pay stubs.

It looks like all the information is the same except my address is not in the payroll register. Social is and employee ID, taxes ytd etc.

Justin M. Gillman
Justin M. Gillman answered on Dec 2, 2019

The Bankruptcy Code only requires proof of income so depending on the location you are in, a payroll register which reflects your gross and net pay plus all deductions and information (i.e. pay date, pay period) should be sufficient proof of income. Be careful as this answer may be different... Read more »

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2 Answers | Asked in Bankruptcy for Texas on
Q: Are there penalties for a single creditor who delays a bankruptcy case via multiple claims on the same mortgage ?

The Chapter 13 bankruptcy case I’m referring to has a creditor (mortgage lender) who has made multiple claims on 1 mortgage. The court has ordered the creditor to submit one correct claim.

If the creditor drags the case on longer because of this, is there a penalty for the creditor?... Read more »

Justin M. Gillman
Justin M. Gillman answered on Oct 26, 2018

First, this is a complicated enough issue that you should certainly review with an experienced bankruptcy attorney. With that said, it is not uncommon to see these issues. If the Court has entered an Order directing the Creditor to file a "corrected" claim and the creditor has not done... Read more »

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2 Answers | Asked in Bankruptcy for Michigan on
Q: I'm at the end of a Chapter 13 . How do I file a Post Petition Financial Management Course. My attorney skipped on me.

Do I have to get another attorney? I received a letter from the Trustee's Office that in order to receive a discharge I am required to complete a post petition financial management course and to contact my attorney. Mr. Adam Gantz/Gantz Associates has not responded to emails or phone calls.... Read more »

Justin M. Gillman
Justin M. Gillman answered on Oct 26, 2018

Many of the Debtor Education/Financial Management course providers actually file the certificate with the Court on your behalf after you complete the course. You can usually find approved providers on the Court's website or at the website for the United States Trustee in your district.... Read more »

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3 Answers | Asked in Bankruptcy for Washington on
Q: Can I keep my car if I need to file for bankruptcy?
Justin M. Gillman
Justin M. Gillman answered on Aug 8, 2018

You don't provide a lot of information but generally yes. If there are no payments and you can protect the vehicle with your protections under Chapter 7. If there are payments and you continue to make them (or catch up through Chapter 13), yes also. The question does not provide enough... Read more »

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2 Answers | Asked in Bankruptcy for Virginia on
Q: I filed bankruptcy and was discharged in 2011. How long do I need to wait to file chapter 7 again.
Justin M. Gillman
Justin M. Gillman answered on Aug 6, 2018

I assume you filed a Chapter 7 in 2011. You cannot file another Chapter 7 within 8 years after the prior Chapter 7 and receive a discharge. So that would mean 2019 - 1 day after the "anniversary" of your prior Chapter 7 filing. The Bankruptcy Code allows you to file Chapter 7 without... Read more »

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