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Questions Answered by David Luther Woodward
2 Answers | Asked in Bankruptcy for Montana on
Q: I have a judgement against me and garnishment of my wages has begun. Is this now a secured debt?

How do I determine the Value of Collateral if this is a credit card debt, Im being garnished for?

David Luther Woodward
David Luther Woodward answered on Aug 8, 2020

Depending on the procedure in your state--and it varies by state--if the Plaintiff has secured a judgment lien, then it is secured. Otherwise, probably not.

You should consult a lawyer do give you a reading on the law in your state.

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1 Answer | Asked in Bankruptcy for Montana on
Q: How do you determine the value of a professional license you hold?

Form about property you own

David Luther Woodward
David Luther Woodward answered on Aug 4, 2020

If your license is as a physician, a lawyer, an accountant, or the like, I give them no value because there is not market: it cannot be sold or purchased (lawfully, that is). So if there is no market, there is no value.

1 Answer | Asked in Immigration Law, Domestic Violence, International Law and Juvenile Law on
Q: Does a 3 year old boy require a passport to re-enter Canada from the US?

His mother is a Canadian citizen and it's my understanding that he is too because of her citizenship (though confirmation would be great). That said, he was born in the US. They are located currently in Oregon and will be coming home to Toronto to get out of an abusive situation.

His... Read more »

David Luther Woodward
David Luther Woodward answered on Aug 4, 2020

To be on the safe side there is only one place to definitive answer The Canadian Consular office nearest to their location. That can be Googled.

The worst thing you can do is show up at the border and not know what the rules are.

1 Answer | Asked in Bankruptcy for Indiana on
Q: The trusteee objects to my claiming 100% of FMV on my tenancy by entirety home and wants to sieze $2900 in FPUC funds

I am Pro se. In Sched A/B on some items I claimed 100% of FMV instead of an specific amount. The trustee has moved to invalidate Schedules A/B and C which also has a tennency by the entirety exemption. Also I claimed a tangible wildcard exemption on $3000 in bank accounts and not the $400... Read more »

David Luther Woodward
David Luther Woodward answered on Aug 4, 2020

Now is the time for you to get a lawyer!

The trustee's objections are probably not well founded, but the law is tricky and something about which you appear to be initiated. Tenants by the entireties is a proper exemption if the underlying facts are there. You need a proper analysis....
Read more »

2 Answers | Asked in Bankruptcy for Tennessee on
Q: I just received a garnishment letter from the state of Alabama that will happen in 10 days which now is 8 days

It's taxes 2015 and a total is $1080 something

David Luther Woodward
David Luther Woodward answered on Jul 31, 2020

The garnishment will occur unless you seek bankruptcy counsel and file before the return date on the writ. Your lawyer that you hire for Bankruptcy knows how to halt this--otherwise, the garnishee fund, whether a bank or your employer, will have to respond.

Good Luck

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3 Answers | Asked in Criminal Law, Bankruptcy and Contracts for New York on
Q: Wedding Studio under new management and are neglecting the clients

I have tried calling them and they would decline my call and respond with I'm sorry I cant talk right now. Me and my husband have already made the full payment and we would like to know what are some precautions we need to take from here because it seems that the Wedding Studio is also... Read more »

David Luther Woodward
David Luther Woodward answered on Jul 27, 2020

I am confused.

If you are already married why do you need a wedding studio? If you aren't married yet, then perhaps you do.

You might consult a lawyer in your community. If they have engaged in fraud it may be a crime, but you can't prosecute it. You may wish to sue...
Read more »

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3 Answers | Asked in Bankruptcy for Florida on
Q: A car is being held at a bodyshop because the insurance company filed bankruptcy, when can the car be released?

Can the bodyshop charge the car owner for any balance after the court settles the bankruptcy?

David Luther Woodward
David Luther Woodward answered on Jul 26, 2020

In Florida a garageman has a lien on the property for the value of the repairs. It is called a "possessory lien" because it lasts as long as he retains possession, but disappears if he releases.

If you wait on the court, the car may age out and become an antique!. Your best bet...
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3 Answers | Asked in Bankruptcy for Ohio on
Q: Need to file bankruptcy had one car repossessed and another up for repo now. Also many other debts.

We owe a lot on both cars. I also have tax debt, student loan debt, credit card debt, medical bills and collection companies. What can bankruptcy do for me in terms of clearing these debts and allowing me to get the one car back and keep both cars?

David Luther Woodward
David Luther Woodward answered on Jul 24, 2020

I agree with Mr. Sheppard.

You need to see a bankruptcy lawyer ASAP. Time is not on your side.

It is not possible to specific advice on a web page like this, but bring your lawyer's attention to the Rosenberg case arises in the Southern District of New York/Poughkeepsie with...
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3 Answers | Asked in Bankruptcy on
Q: What happens if I pay my chapter-13 bankruptcy a few months early?

My 60 payments are at $507ea making the entire amount $30,420. I have make 56 consecutive payments of $507; but this year in April my tax return exceeded $3k by $1427, so I had to mail in that payment of $1427 above what I was already paying; so to date I have paid in ($507x56)+$1427= $29,819, so... Read more »

David Luther Woodward
David Luther Woodward answered on Jul 24, 2020

Why don't you phone the trustee's office and ask them, because--at the end of the day--it will be their decision. What you propose certainly makes sense and I would recommend it. But then, it is not my decision--nor is it yours!

Good Luck

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2 Answers | Asked in Bankruptcy, Criminal Law, Divorce and Family Law for New Jersey on
Q: Need to know, does one need to show their martial-status on the deed of ownership in NJ? Thinks 25% is his.

Believe a man I love is being wronged and abused, for years; by one he thinks is his wife. After hearing from his family I've investigated; what's found is shocking?! This woman pushed him into marriage by having a child; And in 5 yrs 6 ms 19 ds, now…!? From " I Do"... Read more »

David Luther Woodward
David Luther Woodward answered on Jul 20, 2020

This is a forum for general answers to general questions. Your hypothetical--if it is one--requires the analysis of a lawyer, hands on.

Good Luck

d

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4 Answers | Asked in Bankruptcy for California on
Q: Can a credit card company included in a chap 7 bankruptcy from 2016 still report as current account on your report?.

I filed for chap 7 bankruptcy in 2016 and it was discharged.

I’m checking my report and it shows that 3 of the accounts I filled for are reporting as current accounts that will be dropped by 2023.

The others are reporting as included in bankruptcy and will be dropped by 2023.... Read more »

David Luther Woodward
David Luther Woodward answered on Jul 20, 2020

Ms Miller is correct. What's your problem. Contact the credit bureau because this not a legal problem

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1 Answer | Asked in Bankruptcy for Michigan on
Q: If I were to bankrupt on defaulted student loans, would I be able to get another federal student loan shortly after?

I understand you have to prove undue hardship in order to bankrupt student loans. I need to go back to college and I'm not able to do so with the defaulted student loans. Thank you!

David Luther Woodward
David Luther Woodward answered on Jul 15, 2020

It is difficult if not impossible for a lawyer to say what a bank or other financial institution might do down the road. There is a new line of case analysis arising from a decision by the bankruptcy court in Poughkeepsie which has changed the terrain for analyzing student loan defaults and... Read more »

1 Answer | Asked in Bankruptcy, Securities Law and Stockbroker Fraud for Delaware on
Q: I'm wondering how to get an injunction to stop a bankruptcy recently filed in Delaware by Vivus, Inc.

The creditor (IEH) with the collusion of management is grossly undervaluing assets (3 separate FDA approved drugs and one pipeline drug) more properly valued at $500M. Management was to have refinanced the $170M debt already but due to gross negligence or complicity with creditor failed to do so.... Read more »

David Luther Woodward
David Luther Woodward answered on Jul 14, 2020

Firstly, a forum like this is an inadequate place to answer a complex question such as yours.

If you--and other stockholders--are aggrieved then you need to hire your own lawyer to appear on your behalf to address the issues. There is no way to enjoin the progress of a bankruptcy--only to...
Read more »

4 Answers | Asked in Bankruptcy for Ohio on
Q: I’m afraid of filing bankruptcy. What happens if it’s not approved?
David Luther Woodward
David Luther Woodward answered on Jul 3, 2020

I think you may have the concept all wrong. "Approval" as you suggest is not involved.

Go see a bankruptcy lawyer and complete the interview and any questionnaire given to you. Based upon that interview and the answers, the lawyer will explain your options and he can determine...
Read more »

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3 Answers | Asked in Bankruptcy and Foreclosure for Missouri on
Q: I'm a buyer and the seller filed for chapter 7. We were to close, now pending court decision. What are my options?

I am a buyer, went into contract with seller. We were to close but seller's went to court for bankruptcy. Is there anything I can do? What are some options that I can guarantee buying the home?

David Luther Woodward
David Luther Woodward answered on Jun 30, 2020

Mr. Denison is correct.

Find a lawyer who does real property and bankruptcy and have him contact the trustee. The Debtor should have listed the sale of the property under the appropriate category in his petition showing a contract yet to be performed.

good Luck

d

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2 Answers | Asked in Bankruptcy for Idaho on
Q: Will a trustee want to investigate the source of a "gift " provided to payoff a ch 13 early . How much investigation?
David Luther Woodward
David Luther Woodward answered on Jun 30, 2020

I think it totally depends on the amount, the age of the case, and the trustee. Talk to you lawyer about this.

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3 Answers | Asked in Bankruptcy, Consumer Law and Collections for Tennessee on
Q: I own a home and a RV. All credit card debt is paid off. The RV payment is to high. We owe more than the RV is worth.

What are my options to keep my house but to get rid of the RV?

David Luther Woodward
David Luther Woodward answered on Jun 29, 2020

Depending on your actual financial and cash flow position, a Chapter 7 might be what you are interested. If the RV is your only debt bankruptcy seems a bit extreme; however, it is what the number say.

Good Luck

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4 Answers | Asked in Bankruptcy and Real Estate Law for Michigan on
Q: Can second mortgage lender seek post-sale deficiency judgement after liability was discharged in Chapter 7

In 2009, my neighbor filed for Chapter 7 bankruptcy and kept her house with two mortgages, 100k+ and 25k. Her personal obligation for the second mortgage was discharged. A loan modification of the second mortgage in 2015 adjusted the principle, term, and interest rate. In late 2017, my... Read more »

David Luther Woodward
David Luther Woodward answered on Jun 24, 2020

What a mess!

You need to take this problem to your lawyer and have him sort it out. My colleagues have pointed out many of the problems, but I am sure there are others lurking about.

Good Luck

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1 Answer | Asked in Bankruptcy and Collections for Ohio on
Q: My job paid me once Unum Ins was sent the doctors info. So when I got my check I saw there was a deduction.

I pay out of my check each week for the short term disability and or income replacement premium. So when my company sent the money the garnishment was already taken out in the sum of 900.00 I hope this helps. I know some states look at employer short disability as income. Not sure where Ohio fall... Read more »

David Luther Woodward
David Luther Woodward answered on Jun 23, 2020

So What is your question?

3 Answers | Asked in Bankruptcy for Kentucky on
Q: My wife is in chapter 13 and owns property outside the plan. Is she allowed to transfer it to me to obtain mortgage?
David Luther Woodward
David Luther Woodward answered on Jun 22, 2020

Don't ask me! Ask your wife's lawyer!

You have given no underlying facts that support anything, so giving you an opinion is worthless.

Good Luck

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