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Questions Answered by Mallory Powers
1 Answer | Asked in Domestic Violence and Wrongful Death for Arizona on
Q: It’s court ordered I let him claim my son for taxes every other year. Will I get in trouble if I don’t sign form 8332?
Mallory Powers
Mallory Powers answered on Apr 25, 2018

It is difficult to provide an answer without seeing the court order and knowing some more details. However, if your not signing the form 8332 would prohibit your child's father from taking the child as an exemption pursuant to a court order, then it is likely that he would be able to request that... Read more »

1 Answer | Asked in Bankruptcy for Arizona on
Q: I understand that the trustee will want my tax refund but I have arrears in child support in California

California will take about half of my tax refund for arrears in child support, will the trustee accept that or can he ask the state for it back?

Mallory Powers
Mallory Powers answered on Mar 13, 2018

As long as you don't receive the tax refund (money in hand) and it is directly sent to the State of California by the IRS or the Department of Revenue, then the Trustee should not ask you to turn over those funds. The Trustee could request the funds back from the State directly, but it is often not... Read more »

1 Answer | Asked in Bankruptcy for Arizona on
Q: We filed bankruptcy in February 2018, filed our tax return after that, trustee is asking for 2016 and 2017 tax returns.

Can he ask for our 2016 tax refund or only our 2017 tax refund? and if so, is any of it exempt under Arizona bankruptcy laws, our refunds include EIC and child tax credits. Thanks

Mallory Powers
Mallory Powers answered on Mar 13, 2018

If you filed your bankruptcy petition in 2018, the bankruptcy estate is only entitled to your 2017 tax refund, as long as your 2016 tax refund that you received in 2017 was already spent and it was spent on reasonable and necessary items. The trustee may ask you how your 2016 tax refund was spent... Read more »

1 Answer | Asked in Bankruptcy for Arizona on
Q: we filed bankruptcy and wanted to keep our car, we filled out a motion to reaffirm the debt with the court but the

hearing was vacated, so the reaffirmation agreement was never signed by our attorney or a judge, months later we found that we could not afford the car and our attorney advised cause we listed the car on the bankruptcy and the reaffirmation agreement was never signed by anyone that we could give it... Read more »

Mallory Powers
Mallory Powers answered on Mar 6, 2018

As long as you received your bankruptcy discharge, the vehicle lender was notified of the bankruptcy, and the reaffirmation agreement was not approved by the Court, then the vehicle lender should not be able to continue collection efforts from you. Since there are several details to look at, I... Read more »

1 Answer | Asked in Bankruptcy for Arizona on
Q: We filed chapter 7 recently, we sold a home a little over 3years ago, will the trustee give us a hard time?

Trustee is asking about real estate transactions for the past ten years, our last home was sold 08/2014, we filed chapter 7, 02/16/2018. We didn’t have the debt we do now that forced us to file chapter 7 at that time. Can the trustee try to reverse that sale to get the money? We are currently... Read more »

Mallory Powers
Mallory Powers answered on Mar 5, 2018

The Trustee is looking into real estate transactions to find out if there are any funds available for your creditors from the sale. He/she will probably want to know what the proceeds from the sale were and how/when they were spent. Since your sale was four years ago, you probably won't have any... Read more »

1 Answer | Asked in Bankruptcy for Arizona on
Q: I'm been in chapter13 for 2.5 years. My VA disability went up. In AZ do I need to report it? It's been 6 months.

What issues have i caused waiting this long? I thought it didnt have to be reported because it was disability money

Mallory Powers
Mallory Powers answered on Mar 2, 2018

All income sources must be reported in bankruptcy, even if they are considered to be non-current monthly income. A federal exemption provides the debtor with the right to receive a veteran's benefit, but this exemption does not eliminate the debtor's obligation to report it for income and means... Read more »

1 Answer | Asked in Bankruptcy for Arizona on
Q: I live in Arizona. I filed Chapter 13, lost a job, and have had difficulty. Can I seek employment in another state?

I had work and was laid off....now I'm having difficulty getting work- job market is poor here....However, jobs in neighboring states seem plentiful...

Mallory Powers
Mallory Powers answered on Feb 8, 2018

Typically, you are able to seek employment in another state and move to the other state during a bankruptcy, but you are required to stay current on your plan payments and keep the Court and the Trustee updated as to your home address and change in circumstances. You should also speak with an... Read more »

1 Answer | Asked in Bankruptcy for Arizona on
Q: How do you know whether chapter 7 or chapter 13 applies to your case?
Mallory Powers
Mallory Powers answered on Feb 1, 2018

There are numerous factors that should be analyzed in determining whether you should file a Chapter 7 or a Chapter 13 bankruptcy. Most people will file a Chapter 7 bankruptcy, as long as they qualify for it. However, there may be situations where even if you qualify for a Chapter 7 bankruptcy, a... Read more »

2 Answers | Asked in Bankruptcy for Arizona on
Q: We filed for CH 13 in August, my wifes mom just passed and left an inheritance, what do we do?

Can we pay current bills with it? or are we required to turn it all over? Can we pay bills and submit the balance...please advise.

Mallory Powers
Mallory Powers answered on Feb 2, 2018

Since it sounds like your wife's mother died within 180 days of your bankruptcy filing, the inheritance is likely property of the bankruptcy estate and required to be paid over to your Trustee for the benefit of your creditors. To avoid any accusations of fraud or concealment, you should contact... Read more »

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1 Answer | Asked in Bankruptcy for Arizona on
Q: Should my employer have notified me of any garnishments and can a judgment be added to a chapter 7 bankruptcy?

I received a wage garnishment on my paycheck this pay period and I didn’t receive any notification that my wages were going to be garnished. I don’t know what company is garnishing my wages and I have a chapter 7 bankruptcy currently in place. All creditors should be listed under the... Read more »

Mallory Powers
Mallory Powers answered on Dec 20, 2017

Your employer should have provided you with a copy of their Answer to the writ of garnishment, but you should have also received a copy of the writ of garnishment and notice from the creditor in the mail, typically to the last address they would have on file for you. Unfortunately, it is common... Read more »

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