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New Mexico Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy for New Mexico on
Q: Hi, I'm on SSI disability and I'm going to be filing Chapter 7 bankruptcy on my own without a layer.

What does it mean when it asks if the claim is subject to offset? Also how do I get the last 4 digits of an account number on a collection agency claim? Also when it it asks if the claim is "Contingent" "Unliquidated" or "Disputed" what does this mean? And finally for... View More

Timothy Denison
Timothy Denison
answered on Sep 16, 2018

The claim is subject to offset if the creditor is holding or may owe you money as well. Last four digits should appear on your credit report. Contingent means depends on a circumstance or event, unliquidated means the amount of debt has not yet been determined, and disputed means the debt or the... View More

1 Answer | Asked in Bankruptcy for New Mexico on
Q: Hi, I'm on SSI disability and I'm going to be filing Chapter 7 bankruptcy on my own without a layer.

I was wondering if it's okay to ask multiple questions has I fill out all the forms. Some forms I won't have any questions and some forms I will have questions. Also some of my questions will be whether or not I need to fill out certain forms. I don't think all the forms will apply... View More

Timothy Denison
Timothy Denison
answered on Sep 8, 2018

You can ask questions as you go.

2 Answers | Asked in Bankruptcy for New Mexico on
Q: Hi, I'm on SSI disability and I'm going to be filing Chapter 7 bankruptcy on my own without a layer.

I know the first thing I need to do is take a Pre-Filing Bankruptcy Credit Counseling course, and I'm going to do that online. When completed I will be filing Form B101 and Form B103B. I also need to file a B101B. Is the B101B filed with the B101 and B103B? Or possibly do I file every form I... View More

Timothy Denison
Timothy Denison
answered on Sep 5, 2018

You should file all the forms together if possible. The website for the bankruptcy court in your district should have the required forms on their website.

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3 Answers | Asked in Bankruptcy for New Mexico on
Q: I have a point based timeshare where do I list that on the schedules??
Michael Hales
Michael Hales
answered on Jul 27, 2018

I had a client who listed these with their real estate holdings. When the timeshare is alerted that you have filed for bankruptcy, you will have the ability to give the timeshare back to the resort. I'd recommend this because I had a client who did not do this. And while her existing... View More

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1 Answer | Asked in Bankruptcy for New Mexico on
Q: If I am upside down in my car loan, will Chapter 7 or 13 protect me from losing my car?

I am 60 days past due. I just got a job, but it will take some time to get caught up. With my credit scores dropping, it would be difficult to buy a new car at this point.

Would Chapter 7 or Chapter 13 be better if all I need is protection from losing my car for the next few months?

Timothy Denison
Timothy Denison
answered on Jul 22, 2018

Either can be used to protect your car, but which one you need depends on your overall financial situation, debt and assets. Consult an experienced bankruptcy attorney before making a decision.

1 Answer | Asked in Bankruptcy for New Mexico on
Q: I am being evicted for the first time in my life. Will Chapter 7 or 13 keep me from being evicted or buy me time?

My hearing date is 8/2.

If Chapter 7 or 13 will help me, how much time will that buy?

I just got a new job and I need to know if I need to move or if bankruptcy would help buy me some time to catch up.

Timothy Denison
Timothy Denison
answered on Jul 22, 2018

Bankruptcy Wil buy you a month or two at best ndso the eviction, but blue temorarily.

1 Answer | Asked in Bankruptcy for New Mexico on
Q: I bought a Porsche in November but haven't had a job in over 6 months. I have had to sell personal items to pay for it.

I have defaulted on loans and credit cards, and am behind in payments on my Porsche.

I want to keep my car.... and I want to stay where I live.

I am 59 days past due and they are about to commence the repossession process, so I need to know what I can do to protect myself from... View More

Timothy Denison
Timothy Denison
answered on Jul 21, 2018

Depends on the value of the Porsche. If you owe more than it’s worth, you can probably keep it, but you should contact an experienced bankruptcy attorney before you do anything..

1 Answer | Asked in Bankruptcy and Legal Malpractice for New Mexico on
Q: An attorney said she was working pro bono on a bankruptcy appeal, but her contract clearly states it's a contingency.

I was injured in a fall in 2012. I had a PI case. My ex filed bankruptcy against my wishes. then we discovered the bankruptcy atty didn't list the PI case. I didn't know it needed to be listed! We hired a bankruptcy atty to open and change the case. It took a year and a trial! I was... View More

Timothy Denison
Timothy Denison
answered on May 4, 2018

If you didn’t sign the contract hiring her as your attorney, don’t, and she is not your attorney. Unless there is some misunderstanding as to the scope of her representation and what she is doing for you, and you she determine whether this is the case first, you probably need to find a new... View More

2 Answers | Asked in Bankruptcy for New Mexico on
Q: I see that New Mexico's bankruptcy exemptions are different than the federal ones. Can I pick and choose from both lists

to maximize my exemption options?

Timothy Denison
Timothy Denison
answered on May 1, 2018

No. You must elect whether you’re using state or federal exemptions.

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1 Answer | Asked in Bankruptcy for New Mexico on
Q: Can you file for bankruptcy from outside the country?
Arun Arjan Melwani
PREMIUM
Arun Arjan Melwani
answered on Jan 18, 2018

The short answer is "No". You can hire an attorney to prepare the case and your attorney can file the case for you while you are away, however, you will have to be present to attend the Section 341 meeting, also referred to as "the meeting of creditors", usually within 30-45 days after filing.

2 Answers | Asked in Bankruptcy, Foreclosure and Small Claims for New Mexico on
Q: I lost my job but my spouse still works, we are now with o money, and going into foreclosure, can I file for bankruptcy

We are being service by lawyers for credit card debt, and other items we owe,

Cristina M. Lipan
Cristina M. Lipan
answered on Dec 28, 2017

A bankruptcy filing will pause the foreclosure, but will not solve the problem. I would not advise attempting the bankruptcy on your own, you will need a bankruptcy attorney for this.

Information provided for informational purposes only and should not be taken as legal advice.

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3 Answers | Asked in Bankruptcy for New Mexico on
Q: I have no idea how or where to start the bankruptcy process. What are the first steps I need to take?

I am buried in debt and I have no idea what to do next. I know I am also losing my job and soon will not be able to even afford rent.

David Earl Phillips
David Earl Phillips
answered on Sep 20, 2017

Put together a list of all of your debts, all of your assets, 6 months of your income from all sources and do a monthly budget of your normal living expenses.Also, any lawsuits you are involved with. See a bankruptcy lawyer in your area and they will be able to review your situation and see if... View More

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1 Answer | Asked in Bankruptcy for New Mexico on
Q: If i file ch7 can i keep 2 homes?
Alfred Sanchez
Alfred Sanchez
answered on Oct 15, 2013

It depends on the amount of equity you have with each home.

1 Answer | Asked in Bankruptcy for New Mexico on
Q: Does Bankruptcy clear liens on home or other property?
Andrew Bresalier
Andrew Bresalier
answered on Feb 6, 2014

A: On your home, a Secured Creditors, such as you mortgage(s) or equity lines will stay, but you can remove most other stuff with a 522F Motion. If you owe more on the property than it is worth you maybe able to Strip a 2nd Mortgage and/or Cram Down your 1st Mortgage. On your car, if you owe... View More

1 Answer | Asked in Bankruptcy for New Mexico on
Q: Can Nationstar purchase our mortgage from B of A on 3-16-2013 and declared it in default on 4-3-2013?

Nationstar purchased our mortgage from BofA on 3-16-2013 and sent us a letter dated 4-3-2013 saying it was 30 days or more past due and was in default. We were paying twice a month to BofA and they took out the payment on March 1 but not on March 15. We paid the total monthly payment to Nationstart... View More

Andrew Bresalier
Andrew Bresalier
answered on Feb 6, 2014

A: If you are not current with your payments, they can consider it in default and proceed accordingly.

1 Answer | Asked in Bankruptcy for New Mexico on
Q: Is there pro bono bankrupt lawers in alb nm
Andrew Bresalier
Andrew Bresalier
answered on Feb 6, 2014

A: Fees vary case to case based upon the amount of work required. Chapter 7 cases generally start at $1,500 for an experienced Bky atty. Chapter 13 cases start at about $2,500. Some attorneys, like myself offer specials and discounts. The Filing fee for a Chapter 7 is $306, for a 13 it is $281.... View More

1 Answer | Asked in Bankruptcy for New Mexico on
Q: HOW DO I STOP MY CHECK FROM BEING GARNISHED - I HAVE FILED BANKRUPTCY ON 1-4-2013
Andrew Bresalier
Andrew Bresalier
answered on Feb 6, 2014

A: File a Suggestion of Bankruptcy in the State Court Case and provide a copy to your employer and the opposition.

1 Answer | Asked in Bankruptcy for New Mexico on
Q: I recently received a discharge from a chapter 7 filing. And now the state of NM wants to file securitie fraud charges

My BK procedings lasted for 3 years and involved the US Trustee fighting for dismisal. She lost and therefore I got my discharge. Can They still file fraud.?

Andrew Bresalier
Andrew Bresalier
answered on Feb 6, 2014

A: Fraud is not dischargeable in a Bankruptcy, so the State can proceed against you criminally and those which were the alleged victims can proceed against you civilly.

1 Answer | Asked in Bankruptcy for New Mexico on
Q: Can a writ of garnishment be issued against a checking or savings bank account?
Andrew Bresalier
Andrew Bresalier
answered on Feb 6, 2014

A: Yes, your accounts can be garnished. Garnishments is done by writ, forwarded to you and your employer / bank / etc. Generally, attached will be a document providing you an opportunity to object, if you have grounds (i.e. children).

1 Answer | Asked in Bankruptcy for New Mexico on
Q: Can attorney fees be discharged through personal bankruptcy?
Andrew Bresalier
Andrew Bresalier
answered on Feb 6, 2014

A: Generally, yes. However, if the attorney’s fees were charged to you as part of a family law case, involving Child / Spousal Support or was granted “in the Nature of Support”, then it cannot be discharged.

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