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New Mexico Bankruptcy Questions & Answers
2 Answers | Asked in Bankruptcy for New Mexico on
Q: How long does cashing out a retirement account ($20k) impact income guidelines for Ch 7 filing?

Is it considered income for one month and Iwould have to wait six months for that to not be considered?

James L. Arrasmith
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answered on Nov 5, 2023

When you cash out a retirement account, the funds received are typically considered income for means test purposes in a Chapter 7 bankruptcy filing. The means test averages your income over the six months prior to filing, so a large withdrawal could affect your eligibility if it significantly... View More

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1 Answer | Asked in Bankruptcy for New Mexico on
Q: Newly divorced, owe 140k in joint irs If i file a chapter 7 per the code only be responsible for the last 2 years tax
Timothy Denison
Timothy Denison
answered on Jul 8, 2023

No. You will Not be able to discharge the last three three years tax obligations prior to filing (ie file today, 2022, 2021 and 2020 tax obligations non dischargeable). The rest should be dischargeable if the returns that year were timely filed or more than three years has flowed since the filing... View More

1 Answer | Asked in Bankruptcy, Foreclosure and Real Estate Law for New Mexico on
Q: I have a standard real estate contract. If I had to file bankruptcy Would it protect my property from foreclosure ?
Anthony M. Avery
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answered on May 3, 2023

If you only have a Lease with Option to Purchase, then you do not own real property, only a contract right. That would be personal property which you could reaffirm or discharge. If you are the land owner, then that could easily be property of the BR Estate. If debt is in default, the... View More

2 Answers | Asked in Divorce, Bankruptcy, Criminal Law and Real Estate Law for New Mexico on
Q: If my husband had property before he went to prison, we are getting divorced now, is the property separate or community?
James L. Arrasmith
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answered on Sep 30, 2024

In New Mexico, whether property is considered separate or community depends on when and how it was acquired. If your husband owned the property before your marriage or received it as a gift or inheritance, it is likely considered separate property. Separate property generally remains with the... View More

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1 Answer | Asked in Bankruptcy, Contracts, Real Estate Law and Elder Law for New Mexico on
Q: Yes! I'm in need of Legal Representation, on getting my Name Removed from The Mortgage and Deed

She sent me a email, to see if i was ok with her doing that! I moved out of that house November 29th 2023! Because of My Son and Her Gaslighting Me! I was Asked to Purchase this house with Her and Was Promised if I needed help with my personal bills, they would help Me! Well that never Happened, I... View More

James L. Arrasmith
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answered on Aug 15, 2024

You deserve to have your concerns addressed, especially when it comes to something as significant as your name being removed from a mortgage and deed. It sounds like you’ve been through a challenging situation, and it’s understandable that you want to be free from this property and have your... View More

1 Answer | Asked in Bankruptcy for New Mexico on
Q: Can I beat felon in possession of a firearm in nm if it was in a coat belonging to my wife that I had borrowed. I didn't
Timothy Denison
Timothy Denison
answered on Jun 25, 2023

If you pick the right jury, maybe. 50/50 chance.

1 Answer | Asked in Bankruptcy for New Mexico on
Q: Legal help for co-signer on car loan?

Is there any legal help I can get to obtain possession of a car in co-signed for on a loan? My son, who has the same as me, has consistently failed to make monthly payments, forcing me to make them to keep my credit standing.

Timothy Denison
Timothy Denison
answered on May 25, 2023

Depends on whether the car is titled in your name.

1 Answer | Asked in Government Contracts, Bankruptcy and Civil Litigation for New Mexico on
Q: In the state of New Mexico is the G.C. liable on a prevailing wage job to pay a 3rd party employee if their employedidnt

We were a 3rd party contr ax actor which my employer gave us run around on wages for prevailing wages and were afraid if we pursue this hell never pay and close the doors. Got to thinkin what is certified payroll for to account for every penny spent of tax payers money so if our boss goes belly up... View More

Timothy Denison
Timothy Denison
answered on May 23, 2023

In theory, the GC should be liable for the unpaid subs, yes.

1 Answer | Asked in Bankruptcy for New Mexico on
Q: Can I fire my attorney and can I switch to chapter 7 as well and still keep my car making payments on time

I'm currently for the next year now on unemployment and they know about that when I started the process

Timothy Denison
Timothy Denison
answered on Jul 14, 2022

Yes. You can.

2 Answers | Asked in Bankruptcy and Tax Law for New Mexico on
Q: should i take care of irs debt before filing for bankruptcy?

I want to file for bankruptcy. I think i was a victim of a scam. I have not filed my taxes for 2020 and 2021 and know that I owe $140K for 2020 and will owe for 2021 and 2022. I wont be able to pay those in my lifetime. I took out loans and a lot of my retirement funds in 2020 and 2021 with a scam.... View More

David Luther Woodward
David Luther Woodward
answered on Jul 11, 2022

You should go see a good bankruptcy lawyer because you sound like a candidate for relief. On a board like this individualized advice is impossible.

When you go to the lawyer be prepared to complete a questionnaire that will list all your assets and all debts. Your best tax relief can come...
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1 Answer | Asked in Bankruptcy for New Mexico on
Q: I spent 17 years in prison and got no help from the government when I was released June 7, 2022 I am pretty much homeles

No transportation no state I.D. no job assistance, no food,clothes no help whatsoever. Florida State Prison just abandoned meas well Pride Enterprises.

Timothy Denison
Timothy Denison
answered on Jun 26, 2022

What is your question?

2 Answers | Asked in Bankruptcy for New Mexico on
Q: How can I find a copy of my brankruptcy filing dated Aug 10, 2010?

James D and Sharon G DeBraal

Timothy Denison
Timothy Denison
answered on Jul 20, 2020

Pacer.gov

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1 Answer | Asked in Banking, Bankruptcy, Business Law and Federal Crimes for New Mexico on
Q: In the state of New Mexico is a property management company allowed to withdraw funds from your bank account Prior to s
Timothy Denison
Timothy Denison
answered on Jan 5, 2020

Depends on what authorizations, if anyone, you have given them. In some instances, they may set off what you owe them, although much more info is needed to properly answer your question.

1 Answer | Asked in Personal Injury, Bankruptcy, Consumer Law and Products Liability for New Mexico on
Q: Searching for attorney to represent an opiod claim against Watson Pharmaceuticals, manufacturer of hydrocodone 853.
Timothy Denison
Timothy Denison
answered on Dec 23, 2019

Your local bar association or legal aid society should be able to help you.

1 Answer | Asked in Bankruptcy for New Mexico on
Q: Meth in Lea County is funded by keeping the INS and real taxpayer's advocate panel and rights that are never given to

People in N.M. immigrant. Illegal alien. Difference? 3 to 6 months living in N.M. through income support. Immigrant has to become a U.S. citizen within two years. I'm a dumb deadbeat dad and a meth user. Why have they allowed violent law enforcement to be paid millions of dollars to protect... View More

Timothy Denison
Timothy Denison
answered on Nov 25, 2019

What is your question?

2 Answers | Asked in Bankruptcy for New Mexico on
Q: Need a bankruptcy attorney but I’m on social security any low income help?
Arun Arjan Melwani
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Arun Arjan Melwani
answered on Nov 5, 2019

Hello. If you only have social security income and your assets are exempt under the new mexico state exemption laws you may not even need to file bankruptcy. Your social security income may not be garnished by creditor and if your assets are exempt those cannot be taken either. Your creditors may... View More

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2 Answers | Asked in Bankruptcy for New Mexico on
Q: My father is a cosigner on my car. If I file chapter 7 will it effect him? I want to keep the car. Payments are current.
Arun Arjan Melwani
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Arun Arjan Melwani
answered on Aug 16, 2019

If you plan to keep the car and continue making payments, then your father will not be affected by you filing bankruptcy. However, if you fail to make the payments and they eventually repossess the vehicle then that will negatively impact him since he is equally liable for the debt you have... View More

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1 Answer | Asked in Bankruptcy for New Mexico on
Q: My bankruptcy attorney's para legal accidentally emailed my information to a stranger. Do I have a case?

She responded to my email and sent a CC to a stranger instead of my husband.

Timothy Denison
Timothy Denison
answered on Mar 8, 2019

Unless you have actual damages from the errant email, there is no case.

1 Answer | Asked in Bankruptcy and Criminal Law for New Mexico on
Q: Explain

DEF TESTED POS FOR METH AND HAD FTC WITH PTS DIDN'T REPORT. REMAND 24 HR WITH RELEAE WITH PTS SPEC CT OFF. RESET FOR PTC IN APP 3 WKS. DEF PRES REQUIRED

Timothy Denison
Timothy Denison
answered on Dec 29, 2018

Defendant tested positive for meth and has failed to comply with pretrial services...didn’t report. Remand 24 hours, release with Pretrial services contempt offense. Reset for pretrial conference in approximately three weeks. Defendants presence required.

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