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.
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 »
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 »
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 »
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 »
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 »
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 »
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.
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 »
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."
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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?
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 »
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 »
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 »
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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