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3 Answers | Asked in Bankruptcy for New Jersey on
Q: How do I amend a proof of claim in Bankruptcy Court for the District of NJ?

I received a letter from the lawyers for the trustee stating that I need to amend my proof of claim to remove PTO time from the claim. I’m owed my final week’s pay.

Martha Warriner Jarrett
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answered on Oct 28, 2024

On the Court form for a proof of claim, there is a box to check if it is an amended proof of claim. Fill it out, check the box and file it with the Court like you filed the original proof of claim. The amended claim should state the changed facts. When it is filed, it will automatically supersede... View More

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3 Answers | Asked in Bankruptcy, Family Law and Child Support for Florida on
Q: Filing for bankruptcy. Does it matter if you do that before or after child support is in place?
Martha Warriner Jarrett
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answered on Oct 28, 2024

Probably not but check with your family law lawyer and a local bankruptcy attorney. Most offer free consultations.

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2 Answers | Asked in Bankruptcy for Kansas on
Q: I have a question about Chapter 7, Schedule C, question 3. "Are you claiming a Homestead Exemption of more than...."

I have a question about Chapter 7, Schedule C, question 3... "Are you claiming a Homestead Exemption of more than $189,050?" Kansas (where I am) has an Unlimited Value Homestead Exemption (just an acreage, up to 160 acres outside city limits, limit.)

I'm filing pro se, and... View More

Timothy Denison
Timothy Denison
answered on Oct 27, 2024

You are claiming under $189,500 so your answer is no.

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2 Answers | Asked in Bankruptcy for Florida on
Q: Can lawsuit compensation be used to pay off bankruptcy debt?

My elderly father passed away in a nursing home due to neglect. I filed a lawsuit against the nursing home. It is still pending, and could take up to two years to resolve. If I file for bankruptcy now and win the lawsuit in a year or two. and receive compensation, would I be required to pay off the... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Oct 27, 2024

The Official Bankruptcy Forms you are required to file whether you choose a Chapter 7 or 13 case require you to disclose your lawsuit and put an estimated value on it.

The suit will be treated as an asset of the bankruptcy estate and the bankruptcy trustee may become a replacement plaintiff...
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2 Answers | Asked in Bankruptcy, Consumer Law and Contracts for Indiana on
Q: If you got a ppp loan ad the government is now coming to collect should you turn yourself in or can you contact someone

make arrangements to pay?

Jonathan David Warner
Jonathan David Warner
answered on Oct 26, 2024

If you obtained a PPP loan and the government is looking to be paid back, then one of two things happened: (a) you did not apply for PPP Loan Forgiveness or (b) the government thinks that the loan was wrongfully obtained. It could also be that this is an EIDL Loan, as opposed to one that was... View More

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2 Answers | Asked in Bankruptcy and Consumer Law for New York on
Q: Im a lisensee at grandmas ..never paid rent now she changed the locks and moved my stuff is this legal?
Jonathan David Warner
Jonathan David Warner
answered on Oct 26, 2024

I'm not sure what "licensee" means within this context... but with that said, you'd need to be evicted before the locks can be changed. Seek legal counsel from an attorney that can be retained to represent you.

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3 Answers | Asked in Bankruptcy for Tennessee on
Q: I need to file bankruptcy. I had a business and have merchant loans outstanding. I no longer own my business, what can

What do I need to do? Do I file bankruptcy?

Anthony M. Avery
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answered on Oct 25, 2024

Call a BK attorney and ask for advice. If BK is not an option, hire a competent TN attorney to look at your assets and properly Exempt them to the extent of TN statutes.

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2 Answers | Asked in Bankruptcy for New Jersey on
Q: A constable has stop by my house twice while I, was out ,I have not been arrested what can he want?
Leonard R. Boyer
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answered on Oct 24, 2024

The Constable is coming to serve you with legal pleadings of some type. You are not going to be arrested. You need to retain an experienced civil litigation attorney to protect your rights. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a... View More

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2 Answers | Asked in Bankruptcy for Florida on
Q: A friend owes $30,000 (I have IOU) claimed bankruptcy in 2016 then made a few payments 2023 can I sue for remaining?

I have signed IOU and texts of her stating that she felt ethically and morally obligated to pay me back even thought she claimed bankruptcy. I have a letter stating her bankruptcy was dismissed but she had one says it was granted I don’t know if I can sue for remaining debt since she opened the... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 23, 2024

Check to see whether her bankruptcy case was dismissed or whether her debts were discharged. Check at https://pacer.login.uscourts.gov/csologin/login.jsf

If your claim was listed, and if her debts were discharged, no, you can't sue her. Her statements that "she felt ethically...
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2 Answers | Asked in Bankruptcy and Collections for Ohio on
Q: Can a creditor garnish my SSI/bank account if that is my only income?
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Oct 23, 2024

A creditor may issue a garnishment to your depositary institution, which puts a (bank) hold on your account, but it is on you to file a prompt Objection (in PA, your Objection is filed with the issuing Sheriff, and must be filed in ten days from date of garnishment summons). And your bank... View More

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2 Answers | Asked in Bankruptcy for North Carolina on
Q: 20k CC debt , home free and clear ( no mortgage) I have to put as an asset( tax value 289k) can I file Chp 7 ?

Can I file 7 without house being jeopardized with liens or anything?

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Oct 22, 2024

No, your house will be taken by the Trustee and sold to pay your debts if you file Chapter 7. You can only exempt (protect from creditors) anywhere from $35,000.00 to $60,000.00 of equity in your home. PLEASE do not try and file bankruptcy without an attorney! This is a good example of how doing so... View More

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4 Answers | Asked in Bankruptcy for North Carolina on
Q: I am not married , I have 20k in credit card debt. I own my car ( value of car is less than 5k) I am on the deed

I am on the deed to home/property in which is owned free and clear was purchased with cash by him . Can I file for my debt without it affecting house / deed ?

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Oct 22, 2024

NO. Your half of the home is an asset. You need advice from a qualified North Carolina licensed attorney. Please have a personal consultation with one. Many offer free consultations. Out of state lawyers are trying to be helpful by copying and pasting our exemption statutes here on this general... View More

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2 Answers | Asked in Bankruptcy, Traffic Tickets, Appeals / Appellate Law and Collections for Ohio on
Q: I have had my license suspended for over 10 years, for an accident I wasn't at fault for how do I get it back

I was in an accident died the person at fault, same judge sent me to prison(which didn't transport me) to the 3 hearings scheduled and later made the judgement on me to pay their attorney fees? What should I do? 16k $ is too much to pay

Timothy Denison
Timothy Denison
answered on Oct 21, 2024

Make arrangements to pay the judgment (1) in full; (2) in installments or (3) file bankruptcy on all of your debt.

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1 Answer | Asked in Bankruptcy for North Carolina on
Q: What are my options to be able to get my belongings from a storage unit while in a Ch 13

I owe the storage unit money and they have filed proof of claim. I don't want to keep the unit and incur more debt but want my personal belongings that will mean nothing to anyone else. Does NC law allow me to access my belongings before the debt is paid in full? What is assuming the storage... View More

James L. Arrasmith
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answered on Oct 18, 2024

In North Carolina, when you file for Chapter 13 bankruptcy, you can propose a repayment plan to handle your debts, including what you owe to the storage unit. Since the storage facility has filed a proof of claim, they are recognized as a creditor in your bankruptcy case. However, you still have... View More

1 Answer | Asked in Bankruptcy and Foreclosure for Virginia on
Q: If you've rec'd a foreclosure notice and considering bankruptcy, can you keep your home if you have equity?

I think it's called an automatic stay

James L. Arrasmith
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answered on Oct 17, 2024

When you file for bankruptcy, the automatic stay goes into effect immediately, stopping the foreclosure process temporarily. This gives you some breathing room to explore your options and assess your financial situation without the threat of losing your home right away.

If you have equity...
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2 Answers | Asked in Bankruptcy for Indiana on
Q: I have filed twice over the years can I file again? It has been almost 9 yrs since the last bankrupcy.
Timothy Denison
Timothy Denison
answered on Oct 17, 2024

Yes. Eight years is the look back period so you should be fine.

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1 Answer | Asked in Bankruptcy, Consumer Law, Criminal Law and Immigration Law for Virginia on
Q: Credit card debt. Is the case active as per the case details below?

Credit card maxed out by doing balance transfer amount is 4000$.

left USA as wife lost the job.

I was using the same credit card for 3 years in the past.

Warrant in debt filed after 3 years I left the country.

Hearing happened the same year but I was not in the... View More

James L. Arrasmith
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answered on Oct 16, 2024

Based on the information you provided, it appears that your case is no longer active. The judgment stating "case dismissed" and "judgment vacated" typically means that the court has closed the case in your favor. Since it's been over ten years and the case has been... View More

3 Answers | Asked in Bankruptcy, Consumer Law, Criminal Law and Immigration Law for Virginia on
Q: what should be done to avoid criminal proceedings or any other proceeding for credit debt default judgement ?

Credit card maxed out by doing balance transfer amount is 4000$

I was using the same credit card for 3 years in the past

I have moved out of USA as wife lost job

Warrant in debt filed after 3 years I left the country

Hearing happened the same year but I was not in... View More

Martha Warriner Jarrett
Martha Warriner Jarrett pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 15, 2024

From the facts that you give, it is likely that the statute of limitations has expired and that the creditor can no longer collect on any debt. However, if the creditor got a judgment against you, because you didn't appear, then the judgment may still be valid and collectible if and when they... View More

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1 Answer | Asked in Bankruptcy for Connecticut on
Q: My daughter got a blight notice for about $25000 worth of work. She can't get a loan anywhere . Should she file bankrupc

What can she do? I know we will probably lose the house but what can they legally do to her?

James L. Arrasmith
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answered on Oct 14, 2024

I'm sorry to hear about your daughter's situation. Filing for bankruptcy is a significant decision and should be carefully considered. It might help to consult with a financial advisor or legal professional to explore all available options before proceeding.

There may be local...
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2 Answers | Asked in Bankruptcy and Divorce for Idaho on
Q: What are my options here? cosigned on ex's car. She just filed for Bankruptcy. What do I do?

I cosigned with my ex-wife on a vehicle she kept in the divorce. She never refinanced. She filed for bankruptcy last month. I can't afford to take on the loan. What do I do?

Timothy Denison
Timothy Denison
answered on Oct 15, 2024

If she was awarded the care in the divorce, she likely got the debt too. You may be able to get relief in your divorce action.

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