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2 Answers | Asked in Landlord - Tenant and Bankruptcy for New Jersey on
Q: Need to evict tenant..no rent in 17 months...filed bankruptcy June 29..went to court today...she was allowed to stay

For 6 months more for free...can you file bankruptcy in June and have a judgment in July...I need her out I could lose my house...plus her paperwork wasn't official documents...it was hand written

Leonard R. Boyer
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answered on Jul 3, 2024

You need to retain an experienced Bankruptcy attorney to file a Motion to Vacate the automatic stay and if you have not done so already, then you need to have the attorney file a proof of claim. Once the automatic stay is vacated, then you need to retain a landlord tenant attorney to get this... View More

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1 Answer | Asked in Bankruptcy, Consumer Law and Landlord - Tenant for Kentucky on
Q: Did my landlord violate the automatic stay ?

I filled bannkrupy by myself may 17. Landlord was very much aware of my bankruptcy. Landlord filed evictions on me June the 7th with no premision from the court. I got served with eviction papers June 11. Landlord filed a motion to dismiss the eviction the day before eviction court but I still went... View More

James L. Arrasmith
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answered on Jul 2, 2024

Based on the information provided, it appears that your landlord may have indeed violated the automatic stay that goes into effect when you file for bankruptcy. Let's break this down:

1. You filed for bankruptcy on May 17.

2. The automatic stay goes into effect immediately upon...
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1 Answer | Asked in Bankruptcy, Divorce and Family Law for North Carolina on
Q: How do I keep the house if my ex files for bankruptcy?

I am divorced but I can't get my ex to finish the ED. It's been 4 years already and there's always a "reason" for it to be continued when we go to court for it.

He hasn't lived here in 5 years. I pay all the bills, live here with the kids and he is not... View More

James L. Arrasmith
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answered on Jul 2, 2024

This is a complex situation involving divorce, equitable distribution (ED), and bankruptcy law. Here's a general overview of steps you might consider, but please note that you should consult with a local attorney who specializes in both family law and bankruptcy for specific advice:

1....
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1 Answer | Asked in Bankruptcy for Oregon on
Q: I own a 17 year old car that’s worth about $3600 and I need to have $2000 worth of work done. Can I charge this?
James L. Arrasmith
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answered on Jul 2, 2024

Based on the information provided, here's a concise response to the question:

In Oregon, you may be able to charge the $2000 repair cost for your 17-year-old car worth $3600, but it depends on several factors:

1. Bankruptcy exemptions: Oregon allows you to exempt up to $3,000...
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1 Answer | Asked in Bankruptcy on
Q: I have students loans amounting to $190,286.78. I live in Italy as a US Citizen. I dont work. What happens?

What happens if I dont work and cant make the payments? I had to make a master promisary note. Who will be held responsbile to make the payments? Since I dont work

James L. Arrasmith
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answered on Jul 2, 2024

Based on the information provided, here's what you need to know about your situation:

1. Student loan debt:

- Your student loans amount to $190,286.78.

- You've signed a master promissory note, which is a legally binding agreement to repay the loans.

2....
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1 Answer | Asked in Bankruptcy for Ohio on
Q: Will my secured debt creditor take the initiative to repossess the property?

I filed for a chapter 7 bankruptcy earlier this year and received a discharge judgement in May of 2024. Along with my unsecured credit card debt, the bankruptcy also discharged a secured debt in the form of an auto loan. I had not signed the provided reaffirmation agreement provided by the creditor... View More

James L. Arrasmith
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answered on Jun 30, 2024

Based on the information provided, here's an analysis of your situation:

1. Discharge of secured debt: While your Chapter 7 bankruptcy discharged your personal liability for the auto loan, it did not eliminate the creditor's security interest in the vehicle.

2....
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1 Answer | Asked in Bankruptcy and Civil Litigation for Indiana on
Q: I'm being sued for a lemon car from two years ago, I have court on July 19th.my wife and I would like to file bankruptcy
James L. Arrasmith
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answered on Jun 30, 2024

Based on the situation you've described, here are some key points to consider:

1. Timing: With your court date on July 19th and your desire to file bankruptcy, you should act quickly.

2. Automatic stay: Filing for bankruptcy typically triggers an automatic stay, which can halt...
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1 Answer | Asked in Bankruptcy and Business Law for Pennsylvania on
Q: I have a partnership with someone who sells partnerships in horse. He said they are going to file personal bankruptcy

Can I still get the money from them that they owe me. I live in PA and they live in AZ. They have not filed yet as far as I know of. They still have 2 horses racing.

James L. Arrasmith
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answered on Jun 29, 2024

If your partner files for personal bankruptcy, it can complicate your ability to collect the money they owe you. However, you may still have some options to pursue your claim.

First, you should check whether they have actually filed for bankruptcy. If they haven't filed yet, you might...
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1 Answer | Asked in Bankruptcy for California on
Q: Can I file motion from relief of stay from Chapter 7 bankruptcy to foreclose on property since my loan is secured?

I have a secured loan and the debtor filed chapter 7 bankruptcy and it has been discharged but two people have filed adversary proceedings.

James L. Arrasmith
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answered on Jun 29, 2024

To address your question, let's break down the key points and considerations:

1. Secured loan: You have a valid secured loan on the property.

2. Chapter 7 bankruptcy: The debtor has filed for Chapter 7 bankruptcy, which has been discharged.

3. Automatic stay: The...
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1 Answer | Asked in Bankruptcy and Employment Law for California on
Q: Forms to respond to a Trustee's First and Final Application to approve Chapter 7 compensation to Trustee's Counsel.

My employer owes me over $300,000 for back wages. I won this lawsuit with the Labor Department in California. My employer filed for Chapter 7 and the Trustee didn't take into consideration all the assets my employer has and settled for $140,000 of which he will be collecting over $48,000 for... View More

James L. Arrasmith
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answered on Jun 27, 2024

I understand you're in a difficult situation regarding your employer's Chapter 7 bankruptcy and the Trustee's handling of your wage claim. Here's some guidance on how you might proceed:

1. Forms to respond:

There isn't a specific standardized form for...
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1 Answer | Asked in Bankruptcy and Employment Law for California on
Q: Forms to respond to a Trustee's First and Final Application to approve Chapter 7 compensation to Trustee's Counsel.

My employer owes me over $300,000 for back wages. I won this lawsuit with the Labor Department in California. My employer filed for Chapter 7 and the Trustee didn't take into consideration all the assets my employer has and settled for $140,000 of which he will be collecting over $48,000 for... View More

James L. Arrasmith
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answered on Jun 27, 2024

I understand you're in a difficult situation regarding your employer's Chapter 7 bankruptcy and the Trustee's handling of your wage claim. Here's some guidance on how to respond:

1. Forms to use:

The primary form you'll likely need is:

- Form B210A:...
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1 Answer | Asked in Bankruptcy and Employment Law for Hawaii on
Q: I worked for hawaiian Springs. They owe me several paychecks. If they filed for bankruptcy am i able to get money?
James L. Arrasmith
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answered on Jun 26, 2024

To answer this question, let's break down the key points and provide some general information about employee rights in bankruptcy cases:

1. Unpaid wages: You mention that Hawaiian Springs owes you several paychecks.

2. Bankruptcy filing: The company has filed for bankruptcy....
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1 Answer | Asked in Bankruptcy for Massachusetts on
Q: If i file bankruptcy on my corporation does that affect my personal credit negatively?
James L. Arrasmith
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answered on Jun 26, 2024

Filing bankruptcy for your corporation typically does not directly affect your personal credit, but there are some important considerations:

1. Corporate vs. personal bankruptcy: If you file bankruptcy for your corporation, it's generally separate from your personal finances. The...
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2 Answers | Asked in Bankruptcy for Michigan on
Q: I would like to file bankruptcy chapter 7 I'm low income I would have start the process and where do I come
James L. Arrasmith
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answered on Jun 26, 2024

To start the process of filing for Chapter 7 bankruptcy in Warren, Michigan as a low-income individual, here are the key steps:

1. Credit counseling: Complete a mandatory pre-filing credit counseling course from an approved provider.

2. Gather documents: Collect financial documents...
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2 Answers | Asked in Bankruptcy and Real Estate Law for Illinois on
Q: Can I transfer property to my parents if they filed for bankruptcy?
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jun 23, 2024

Yes, you can, but be sure that their Order Discharge has been entered and that no appeal has been timely taken from that Order.

Also, ensure that the bankrupts will not inherit, or learn of imminent inheritance, within six months of the discharge.

The Bankruptcy provisions enabling...
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2 Answers | Asked in Bankruptcy and Real Estate Law for Illinois on
Q: Can I transfer property to my parents if they filed for bankruptcy?
James L. Arrasmith
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answered on Jun 26, 2024

This question raises some important legal concerns. Here's a concise response based on general principles, but please note that specific legal advice would require consulting a qualified attorney:

1. Timing is crucial: If your parents have already filed for bankruptcy, transferring...
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1 Answer | Asked in Bankruptcy for Pennsylvania on
Q: I am filing chapter 7 bankruptcy and wanted to know if I use a credit card before the court rules. I’ll keep it paid off

I did get the card after filling for bankruptcy with the intent to grow my credit the correct way this time by always paying it off

James L. Arrasmith
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answered on Jun 22, 2024

I cannot recommend using a credit card after filing for bankruptcy, as this could potentially cause serious legal issues. Here are some important points to consider:

1. Disclosure requirement: When you file for Chapter 7 bankruptcy, you must disclose all your assets and debts, including any...
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2 Answers | Asked in Bankruptcy and Business Law for California on
Q: Does my ex-contractor have a case against me for debt he said will be due when goods are sold (and its still not)

My company is being sued by an ex-contractor for an alleged debt. We had no contract per se and the debt is for goods his factory custom made for us but were delivered late, at which point majority of our retailers cancelled and I didn't want to accept the shipment at all. Eventually I did... View More

James L. Arrasmith
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answered on Jun 21, 2024

This is a complex situation that involves several legal considerations. Here's a breakdown of the key issues and potential options:

1. Contract validity:

- Even without a formal written contract, your email communications may constitute a legally binding agreement.

-...
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1 Answer | Asked in Bankruptcy, Contracts and Business Law for California on
Q: Trying to figure out if a lawsuit is forth to try and fight against or file bankruptcy.

My company is being sued by ex-contractor for an alleged debt. The debt is over stock that's been overproduced and delivered late which they initially begged us to keep the goods with no payment and pay when it sells. While we paid part of the total, at some point they decided we can't... View More

James L. Arrasmith
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answered on Jun 20, 2024

Thank you for sharing your situation. Based on the information provided, here's an overview of your options and some factors to consider:

1. Evaluating the lawsuit:

- Review the contract terms with the ex-contractor

- Assess the evidence supporting your position (e.g.,...
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3 Answers | Asked in Bankruptcy and Car Accidents for Alabama on
Q: I had a wredk and and no insurance my license was suspended wat do I do to get them back

I am able to reinstate my license June 2024 do I have to be paying on a the car I wrecked with...we never went to court and its down as my fault a

can i file bankruptcy on the wreck to get my license back

James L. Arrasmith
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answered on Jun 21, 2024

I understand you're in a difficult situation with your suspended license and the aftermath of a car accident. Let me break down the key points and offer some general guidance:

1. License reinstatement:

You mentioned you can reinstate your license in June 2024. This is likely...
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