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Can an Article I judge deprive the US Court of Appeals of subject matter jurisdiction ?
Leaving them with no access to any funds and never attempted to go through current employer first for garnishment. Nor accepting a payment plan that was suggested but turned away by plaintiff refusing money unless it was what he set forth reasonable.
MO child support court ordered debtor to pay both monthly support to custodial and debtor to pay monthly health insurance. Trustee paying just health.
answered on Jul 15, 2021
You need to review your own plan that you submitted to the court and make sure that the payment is in there. Talk with your attorney if you cannot find it. Do this IMMEDIATELY, as the payments are going to other creditors. The trustee has no way of knowing your intent if not in writing. If it is... View More
Had a stroke on Feb1st. Spouse filed for divorce in NM. No representation, and not sure if I will ever work again. Would love to have some kind of representation as I am already having a hard time grasping an understanding due to the stroke.
answered on Apr 1, 2021
You could seek to have the venue changed to Missouri, depending on your mobility and where the marriage was filed, etc. I would speak to a family law attorney near you and see if they can offer more guidance on the specifics of your case.
Also, would this prevent having to file bankruptcy?
answered on Mar 26, 2021
You can certainly make an offer or lump sum payment to stop a garnishment, assuming the creditor will agree. This will not keep you from filing bankruptcy, however a large payment to a creditor within 90 days of the date you file bankruptcy would be deemed a preference, or a preferential payment,... View More
I’m contemplating filing bankruptcy. I’m on social security and this is my only income. I live in a mobile home that is paid for and no type of savings or stocks. I have unsecured debts and a vehicle repossession already.
answered on Mar 16, 2021
Yes. You can be sued for any reason. Collecting on that suit is an entirely different matter.
All debt is unsecured. We own a mobile home and the lot, also 3 vehicles- newest is a 2005 pickup with 300,000 miles and the other two aren’t drivable. Will we be able to use our stimulus check to make home repairs? Also, can we also use the funds to pay the attorney fees?
Planning on filing chapter 7. I’m on social security disability and so is my husband.
answered on Mar 5, 2021
Not if you haven’t received them and even then, it should not affect your filing status.
chapter 7
answered on Feb 26, 2021
If you're buying with cash, you can buy right away. Is that answer easy enough for you.
My income is $706.00 for social security a month. I have about $4,000 left from my profit sharing retirement. And that's it. I'm almost 70 years old. I need my car to get to the doctors and just to live. I'm diabetic. My car is my only asset and its not even worth much.
answered on Sep 14, 2020
Exemption in bankruptcy are identical to exemptions against creditors as they are the same laws for Missourians. Can not predict how a particlar trustee or creditor atty will act. Look up your vehicle on nada.com for more accurate valuatuon. Then talk to an atty.
Located in Missouri. I have a special needs child, and am being buried in medical debt related to the care of said child. I've talked to a credit counseling agency, and after looking at my income and debts, they determined bankruptcy is my best option.
I'm not sure if I should claim bankruptcy. I only receive social security and have a little money left from my Profit sharing money from my job. That's how I'm living. My social security is $706.00 a month. I have a 2014 Ford Focus that is paid off. That's all my assets.... View More
answered on Sep 9, 2020
Bankruptcy could be your solution. Talk to a bankruptcy lawyer regarding the details of your finances and see if it is the right decision for you.
I have filed bankruptcy an included NSF Checks as debts, however i have come to learn that the prosecuting attnys in some counties already have some of them. Can they still be discharged?
I am a buyer, went into contract with seller. We were to close but seller's went to court for bankruptcy. Is there anything I can do? What are some options that I can guarantee buying the home?
answered on Jun 30, 2020
You need to hire an attorney to represent you in the bankruptcy case. You can probably still buy the property from the trustee, but the trustee is who you have to deal with from this point forward.
Trustee. Wouldn't this negate our purchase agreement with her? Should I still have to pay?
answered on Mar 19, 2020
Whether the sellers bankruptcy is a breach of the contract to purchase will depend on the contract language. Generally, however, the bankruptcy trustee will stand in the shoes of the seller in enforcing the contract and unless bankruptcy is specifically addressed as a breach in the contract... View More
It's a credit card debt for $750 and has reappeared on my credit history. My court date is in mid April. I know I should retain a lawyer to clear this mess up but can I counter sue?
answered on Feb 25, 2020
You, or your attorney needs to file a document "suggestion of bankruptcy" in the court where you are being sued. Provide the court with the case number, chapter number, date of filing, date of discharge. Also attach a copy of the schedule where the creditor appears listed. The creditor... View More
Bonus was 3200 and Not included in my income when I filed
answered on Feb 3, 2020
It is post petition income so if you have the available exemption, you should be able to protect it.
How long do they have to sell it? How much do I get, I read 15,000 is that correct? After selling how loing to I have before I have to move out?
answered on Jan 24, 2020
They have as long as it takes to sell it. Your exemption amount varies depending on whether you used your state exemptions or the federal exemptions.
I filed bankruptcy in 2016 and I got a creditor still threatened to sue
I read online: "If you own the house with your spouse as tenants by the entirety and do not have joint debts, the house is completely exempt, and the equity you have in it is irrelevant regarding exemptions."
Do you have to be married to meet this exemption?
I own a house... View More
answered on Dec 23, 2019
Hey, I know some folks in your town.
Yes, you have to be married to use the marital exemption. Since you are not married, you both own the property either as (1) Joint Tenants with rights of survivorship or (2) Tenants in common. Both are treated similarly in bankruptcy. (there are... View More
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