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New Mexico Bankruptcy Questions & Answers
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... Read 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
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... Read 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
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... Read 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.

3 Answers | Asked in Bankruptcy for New Mexico on
Q: If you have a lawsuit pending or a judgement has been made, would chapter 7 bankruptcy stop any further actions?
Timothy Denison
Timothy Denison answered on Dec 11, 2018

Depends on what kind of action but generally speaking g, yes.

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2 Answers | Asked in Bankruptcy for New Mexico on
Q: Am I able to get a credit card after filing for bankruptcy?
Stuart Nachbar
Stuart Nachbar answered on Nov 16, 2018

YEs, you can get a credit card after you file. I would not recommend it, but you can. If you are in a Chapter 13, technically you must ask the Court for permission to get one. That does not apply to a Chapter 7

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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... Read 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... Read 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... Read 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... Read 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... Read more »

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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: 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 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... Read 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... Read 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... Read 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
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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