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Questions Answered by Lloyd M. Nolan
4 Answers | Asked in Bankruptcy for New York on
Q: I filed bankruptcy in July2020 it was discharged in Nov. 2020. Now lawyer wants more money to handle a lien on my home.

I retained a lawyer in July2019. Gave them all documentation plus a summons that I was being sued by a creditor. We filed the bankruptcy july 2020 and it has been discharged 2 weeks ago. I get a call from the attorneys office stating that they received a judgement in the mail that went to one of... Read more »

Lloyd M. Nolan
Lloyd M. Nolan answered on Nov 18, 2020

That is an interesting set of facts. I must advise you that I am not licensed in New York, so I can only discuss how I believe things would be in Missouri under Missouri law. This means that you will need the services of an experienced bankruptcy attorney in New York. Perhaps I can at least... Read more »

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1 Answer | Asked in Probate for Missouri on
Q: How long after a person dies do you have to ask to send the estate to probate?

My father died coming up on 2 years ago. I have 2 siblings. My oldest sister stepped in and took everything. 2 vehicles 3 houses and whatever money there was. Can I still send it to probate? He lived in Missouri at the time of his death.

Lloyd M. Nolan
Lloyd M. Nolan answered on Nov 7, 2020

The period in which an Estate must be opened in Missouri is One Year from the date of death. I'm not sure how your sister was able to take everything without a probate estate being opened. If the 2 vehicles and the 3 houses you mentioned were titled in such a way that your sister became the... Read more »

3 Answers | Asked in Bankruptcy for Montana on
Q: If your car was repossessed in montana is it still considered a secure debt when filing chapter 7 bankruptcy?
Lloyd M. Nolan
Lloyd M. Nolan answered on Oct 29, 2020

No. A secured debt is a debt secured by the collateral in your possession. When the vehicle is repossessed by the Creditor, the collateral is in the Creditor's possession and the debt is no longer "secured."

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2 Answers | Asked in Bankruptcy for Michigan on
Q: I have 11 months left on a chapter 13. Confirmed in August 2016. Lawyer now wants bonus statements from 2016 thru now.

I explained they were not separate checks. I have given my tax returns each year of the bankruptcy. To the trustee and lawyer. Why now would the lawyer want pay statements reflecting bonuses? I am current on all payments, it comes directly from my company to trustee. Just confused since it was... Read more »

Lloyd M. Nolan
Lloyd M. Nolan answered on Oct 28, 2020

In our District, the Court and the Chapter 13 Trustee require that the debtor pay a portion of all bonuses received into their Chapter 13 Plan. Bonuses are additional income and the debtor is required to use his or her "best efforts" to fund the Chapter 13 Plan and pay a meaningful... Read more »

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4 Answers | Asked in Bankruptcy for Georgia on
Q: can debt I am cosigned on be included in my bankruptcy if I have a financial POA for my mom

My Mom is incapable of handling her debt . Can I file BR and include her debt I am cosigned on ?

Lloyd M. Nolan
Lloyd M. Nolan answered on Oct 26, 2020

You should be able to file a bankruptcy case for your mother under the authority of a suitable power of attorney in the instance where she does not have the mental capacity to participate and handle her own filing. The U.S. Trustee, which is the branch of the Federal Government that monitors... Read more »

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3 Answers | Asked in Bankruptcy, Estate Planning, Banking and International Law for New Jersey on
Q: If Im poa on my Dad's account, that can't be affected by my bankruptcy? Also can I open a new account with us both on?

My father is moving to a new country next week and I am newly appointed durable power of attorney over his financial accounts.... If I file bankruptcy that shouldn't effect his banks accounts correct? Also I was thinking of opening a new checking account with my father and myself as joint... Read more »

Lloyd M. Nolan
Lloyd M. Nolan answered on Oct 10, 2020

It's very hard to address your question because I think it is a poor choice for your father to name you as attorney-in-fact under his Durable Power of Attorney when you are in a position that you are considering bankruptcy. Is there no other responsible person that he could name for this... Read more »

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3 Answers | Asked in Bankruptcy and Collections for South Carolina on
Q: Can a 16 year old Alabama judgement be enforced in South Carolina if they filed and got a ten year extension?
Lloyd M. Nolan
Lloyd M. Nolan answered on Oct 9, 2020

There are a lot of moving parts to this question. First, I am not licensed in Alabama or South Carolina, so I cannot give you a definitive answer. However, I am licensed in Missouri and the laws of most States are similar -- you will need to consult local counsel, of course. In Missouri, a... Read more »

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1 Answer | Asked in Bankruptcy on
Q: Not sure if I need to file in something with the district court or bankruptcy court.

I don't have a bankruptcy attorney. No one would take my case since I had an appeal pending in the supreme court. I do have an attorney for the supreme court and district court. I just wasn't sure what I should file. If he starts receiving the disbursement from the bankruptcy court... Read more »

Lloyd M. Nolan
Lloyd M. Nolan answered on Oct 8, 2020

I realize that there may be some facts that I don't know, but based upon what you've told me it would seem reasonable to dismiss your Chapter 13. If the "district court" judgment and the QDRO are final, it would appear that your ex-spouse has been paid in full. If, as you say,... Read more »

3 Answers | Asked in Bankruptcy for Tennessee on
Q: I need to file for bankruptcy and I can't afford a lawyer can I get help for free ?

I have credit card debt and I live on social security and I've gotten in over my head. Please give me some help.

Lloyd M. Nolan
Lloyd M. Nolan answered on Oct 8, 2020

That seems very straightforward. I am going to assume that you have exhausted your nonbankruptcy remedies. There are some very good non-profit agencies like crown financial ministries, or consumer credit counseling service, that can help you negotiate and adjust debts with your creditors outside... Read more »

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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 »

Lloyd M. Nolan
Lloyd M. Nolan answered on Oct 8, 2020

Since you are in a Chapter 13, I will assume that you are represented by an attorney. You should contact your bankruptcy attorney (if you have one) immediately. There are actions that your attorney can take to stop payments to your ex-spouse based upon his payments by QDRO from your Thrift... Read more »

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2 Answers | Asked in Bankruptcy for Michigan on
Q: Can i keep my mandatory contributions made into a 457b after seperation of employment while in ch 13 in michigan?

Husband had a 457b with mandatory contributions. Is leaving that job to another firefighter job that has a 345 pension. We will be getting the money that he contributed into the 457b. Are we able to pay off things? Or end the ch 13 if we chose?

Lloyd M. Nolan
Lloyd M. Nolan answered on Oct 7, 2020

I cannot speak definitively as to what happens in Michigan since I am not licensed in that State. However, I will assume that it is likely similar to the way that we handle these matters in Missouri. You wrote that you "will be getting the money" that your husband contributed to his 457b... Read more »

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2 Answers | Asked in Real Estate Law for Texas on
Q: Adverse possession of property

I am trying to get a property in my name that was verbally given to me. The lady had passed away. Doing adverse possessions I have paid the back taxes and been update to date paying current taxes for the last 3 years. We have pictures of improvements we ha e made. I also have bills with my name... Read more »

Lloyd M. Nolan
Lloyd M. Nolan answered on Oct 6, 2020

I am not licensed in Texas, so I cannot give you a definitive answer under Texas law. Nevertheless, the laws of many states are similar. In most states that adverse possession period is longer than 3 years. In most states the law requires adverse possession must be (1) continuous, (2) hostile or... Read more »

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3 Answers | Asked in Bankruptcy and Collections for North Carolina on
Q: Being sued on a failed car loan, I turned the car in. how can I go about this? my bills take most of my pay as it is

N/a

Lloyd M. Nolan
Lloyd M. Nolan answered on Oct 6, 2020

This seems straightforward. You stopped payments on the auto loan and turned in the car. The car was probably sold for less than what you owed on the loan and now the lender is suing for the balance - a deficiency. If you are in a position where your basic living expenses meet or exceed your... Read more »

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