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We need to know what to do for garnishments and can we get this money back? Because I take care of most of his business due to the nature of his job we are running into an issue because we are not married yet. Can we marry prior to the discharge of his bankruptcy.
answered on Jan 16, 2017
It is highly recommended that you contact a bankruptcy attorney. You have several issues here and each of these issues has consequences (good and bad) that can impact the bankruptcy proceeding. This is a brief and general breakdown of your issues.
(1) Garnishments. Bankruptcy will stop... View More
answered on Jan 13, 2017
Unfortunately, income taxes need to be at least 3 years old before they become dischargeable in bankruptcy. However, your tax debt will be considered a priority claim, so any assets liquidated in a Chapter 7 bankruptcy will go to pay the taxes ahead of most other creditors. If you file a Chapter... View More
answered on Dec 20, 2016
Yikes! Not necessarily. There are two types of business bankruptcies: Chapter 7 and Chapter 11. There is also personal bankruptcies (Chapter 7 or Chapter 13 for businesses that are not incorporated). There are a lot of details to each method, but the important information for you is that Chapter 11... View More
answered on Nov 30, 2016
You can file an emergency bankruptcy by filing the Petition form along with a credit counseling certificate and a list of creditor names and addresses. The court will give you 14 days to file the other schedules and statements.
answered on Nov 8, 2016
Contact a bankruptcy attorney. Bankruptcy can eliminate mortgages, but the lender can also foreclose on the home. Some exceptions can allow a home to be retained. Note, there are different rules for a single primary mortgage and secondary (or later) mortgagors.
They will rent an apartment before they file but will that get them evicted
answered on Oct 15, 2016
Bankruptcy is federal law, so moving will not significantly impact the normal bankruptcy rules. Each state has specific rules related to property that will not be counted in bankruptcy. Note, there are rules in place to prevent a person from moving to another state because the state has more... View More
It appearing to the Court that the Trustee has filed a report certifying that the estate in the above-captioned case has been fully administered and that no objections to the report have been filed within 30 days thereafter, it is ORDERED that pursuant to Rule 5009, Fed.R.Bank.P., there is a... View More
answered on Oct 6, 2016
This means that the trustee has approved the bankruptcy and that the bankruptcy is near completion. The discussion of abandoned property relates to any property that was not listed on the bankruptcy filings (this is to catch people who "magically" lose property, but then suddenly discover... View More
My business partner was the only personal guarantor on the 3 business credit cards although I see in his filing he listed me and the company as "co-borrowers". Will I/company be liable for this debt even though we were not guarantors? We really only had credit card debt is there anything... View More
answered on Sep 27, 2016
If you did not guarantee anything then you are not liable for strictly corporate debts. Concerning the stock, if it has any market value the trustee will try to sell it. Minority ownership interests in a closely held corporation are often worth very little, but I would need more information to... View More
We bought it after we were married and he alone is filing chapter 13. He is on deed because of Colorado law.
answered on Sep 1, 2016
I am assuming he is filing Chapter 7. If your husband transfers any property to you for less than market value within 1 year of filing bankruptcy (and as much as 4 years under Colorado law), it will be deemed a fraudulent transfer and the bankruptcy trustee can void the transfer for the benefit of... View More
I learned my former employer will be filing Chapter 7 for his privately-owned corporation mainly because of (unsecured) judgments against it. It has very few assets other than the office building it owns which has about $500k of equity. The building was always the property of a US shell LLC whose... View More
answered on Jul 16, 2016
There are a lot of things to consider here. I understand that you want to do the right thing, but you may be subject to NDAs (non-disclosure agreements) and other potential violations of privacy/confidentiality. The best advice is to contact a lawyer directly (at least the discussion will be... View More
answered on Jul 7, 2016
They may communicate. If you misstated income, the best advice is to work on correcting the incorrect data. Corrections filed before agencies become aware of the error/omission usually excuse you from most or all of the potential negative consequences of the error. Contact a bankruptcy attorney for... View More
answered on Jul 6, 2016
As a legal matter, bankruptcy does not prevent you from getting a mortgage. However, mortgages are not a right and a lender can choose to not extend credit to you (or charge a higher rate based on your credit risk). In short, you will have trouble finding a loan, but you can theoretically get a... View More
answered on Jun 27, 2016
If you used a bankruptcy attorney, contact your attorney. If you did not, review your documents to see who you can contact (e.g. the court). Be aware, formal discharges can take a while to arrive at your address (i.e. delays are normal).
answered on Apr 5, 2016
There are other options. First, you can enter into a payment plan with the IRS. Second, you may qualify for some of your tax debt being forgiven (see a tax attorney for details - the requirements are stringent and most taxpayers that do qualify see a comparatively small reduction in their tax... View More
They said the loan was paid in full and filed A Release of Deed of trust with the county. We didn't payoff the loan. What happens now?
answered on Mar 25, 2016
Since Justia's Q&A section is not covered under attorney-client privilege I won't discuss the specifics of your situation. I do recommend that you met with a bankruptcy attorney for at least 1 hour (the advice will be worth the expense). Turning to general bankruptcy rules, it is... View More
The car lot called me 2-10-16 and left a message saying I need to call them about my car payment it's been 2 years and I claimed the federal exemption for my car so what should I do?
answered on Feb 11, 2016
There are too many variables to give you a firm answer of yes or no. I recommend that you contact a bankruptcy lawyer to review your case (it should be no more than $100-200). If I was venturing a guess, your probably filed for Chapter 13 (reorganization). This would mean that your car was excluded... View More
but I am being garnished. There was nothing in our stipulation as to who would take care of this debt, only that the general indemnification clause stated that " there shall be no presumption of marital debt, even if such obligations were incurred prior to the entry of a Decree of Dissolution... View More
answered on Feb 7, 2016
Since the debts occurred during marriage, you and your ex are jointly and severally liable for the debts (meaning you both are required to pay). You may be required to pay 100% of the debt, but you can seek reimbursement from your ex (at least for 50% of the costs). Be aware the reimbursement would... View More
answered on Jan 21, 2016
Try this book: http://www.amazon.com/New-Bankruptcy-Will-Work-You/dp/1413321488/ref=sr_1_2?ie=UTF8&qid=1453434512&sr=8-2&keywords=nolo+bankruptcy . Nolo also has books for Title 7 (liquidation) and Title 13 (reorganization). This is the official US Courts website:... View More
answered on Dec 10, 2015
The answer depends upon whether you intend to file under Chapter 7 or Chapter 11. You likely would qualify for a temporary stay, but a permanent stay (and potential write-off) of the garnishment is determined by the nature of the garnishment (taxes, child support, judicial lien, etc.).
Chapter 7 bankruptcy emergency filing same day as judgement against Issue of Possession in District court. Judge denied request for additional time to retain attorney after attorney was unable to represent defendant one business day before county court hearing. Defendant filed request to move from... View More
answered on Oct 29, 2015
Yes, the filing of a bankruptcy petition normally halts state court foreclosure proceedings against the debtor. The person who wants to evict would have to ask the bankruptcy court for relief from the automatic stay of bankruptcy.
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