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Questions Answered by Lloyd M. Nolan
3 Answers | Asked in Bankruptcy for Pennsylvania on
Q: I called the sheriff about a writ of execution from a credit card debt. He said I did not have to worry about my stuff

My stuff being taken and that if they are not the correct bank accounts I'm ok

Lloyd M. Nolan
Lloyd M. Nolan answered on May 6, 2021

Interesting! So the sheriff is now giving legal advice! Being licensed only in Missouri and Illinois, I cannot speak to Pennsylvania law. In Missouri, we have laws that exempt certain types of property, and sometimes certain amounts of value, from execution. However, a person still has to make... Read more »

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1 Answer | Asked in Estate Planning and Probate for Missouri on
Q: both parents deceased no paperwork for beneficiaries. What do we do?
Lloyd M. Nolan
Lloyd M. Nolan answered on May 4, 2021

The easy answer is call an attorney and spend an hour determining what your parents left in the way of assets, then follow the attorney's advice. That is the first step.

Often our parents leave a variety of types of assets - life insurance, retirement accounts, investment accounts,...
Read more »

8 Answers | Asked in Bankruptcy for California on
Q: We are thinking of filing bankruptcy, one lawyer wanted to charge $4k, how can I find a more affordable option to file?

Our combined debt is about $40K and we cannot afford to pay such a high price for a lawyer right now. We want to be able to buy a home in the near future, and are considering settling each debt individually or filing BK if that would be more affordable.

Lloyd M. Nolan
Lloyd M. Nolan answered on Apr 8, 2021

I realize the cost of the living is higher in California, but that seems like a lot. Nevertheless, if you have a complex situation, such as running a business, this may be justifiable. The most logical solution is to seek out another lawyer or firm, or ask the attorney what justifies the fee.... Read more »

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2 Answers | Asked in Bankruptcy for Missouri on
Q: Can I make an offer to settle and stop a garnishment? I have a judgement & garnishment against me for an auto.

Also, would this prevent having to file bankruptcy?

Lloyd M. Nolan
Lloyd M. Nolan answered on Mar 26, 2021

You can certainly make an offer or lump sum payment to stop a garnishment, assuming the creditor will agree. This will not keep you from filing bankruptcy, however a large payment to a creditor within 90 days of the date you file bankruptcy would be deemed a preference, or a preferential payment,... Read more »

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1 Answer | Asked in Bankruptcy for Illinois on
Q: I am presently working for a Retail Store that declared bankruptcy with the store closing at the end of the month.

They have since sold the store to another company. We were suppose to file for unemployment but now they are telling us we can't cause the other company bought our store. The other company wants for us to fill out new job applications. The Store closes on March 31, 2021. So who am I... Read more »

Lloyd M. Nolan
Lloyd M. Nolan answered on Mar 26, 2021

This is not a bankruptcy question. It is actually a question about Illiniois unemployment compensation. I do not handle unemployment issues, but I believe that you would be ineligible for unemployment if there is a job offered to you with the new company and you decline. Even if one is receiving... Read more »

3 Answers | Asked in Bankruptcy for Missouri on
Q: After bankruptcy is discharged how long before u can buy land with cash

chapter 7

Lloyd M. Nolan
Lloyd M. Nolan answered on Feb 26, 2021

If you're buying with cash, you can buy right away. Is that answer easy enough for you.

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2 Answers | Asked in Bankruptcy and Tax Law for Alabama on
Q: Do I have to give the trustee my tax refund in chapter 13 bankruptcy? Located in Alabama.

Do I have to give the trustee my tax refund in chapter 13 bankruptcy? I called my attorney and spoke to a Lady in the office and she said that the trustee doesn’t take tax refunds anymore. Wasn’t able to speak with my attorney personally.

Lloyd M. Nolan
Lloyd M. Nolan answered on Feb 22, 2021

I do not practice in Alabama, so that question would be dependent on the local bankruptcy rules that govern your case. In the Eastern District of Missouri, where I practice, the local rules require that debtors turn over their tax refunds (over a specific allowable amount) to the Chapter 13... Read more »

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1 Answer | Asked in Probate for Missouri on
Q: What all information needs to be included on a small estate affidavit that will be submitted to a life insurance company

My mom was listed primary beneficiary on my Dad's life insurance policies but died before receiving the payout. My parents did not have a will cuz everything was covered with beneficiaries and transfer upon deaths. Well except for inheritance of my Dad's life insurance money because we... Read more »

Lloyd M. Nolan
Lloyd M. Nolan answered on Feb 7, 2021

A small estate affidavit should be sufficient for this purpose. By this I mean an Affidavit for Collection of a Small Estate that has actually been filed in the Probate Court of the County in which your mother was domiciled when she died. It should have a case number and be approved by the Court.... Read more »

1 Answer | Asked in Probate for Missouri on
Q: My dad didn't have much $ he died Sept 13 I'm his only daughter how do I get his checking acct ?
Lloyd M. Nolan
Lloyd M. Nolan answered on Dec 1, 2020

There are several ways that you can potentially obtain the funds on deposit in his account. The easiest would be your father's account had a POD provision payable on death) to you or JTWROS (joint tenant with rights of survivorship) to you. In that event, a certified copy of his death... Read more »

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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