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New Mexico Bankruptcy Questions & Answers
3 Answers | Asked in Bankruptcy for New Mexico on
Q: I have no idea how or where to start the bankruptcy process. What are the first steps I need to take?

I am buried in debt and I have no idea what to do next. I know I am also losing my job and soon will not be able to even afford rent.

David Earl Phillips
David Earl Phillips answered on Sep 20, 2017

Put together a list of all of your debts, all of your assets, 6 months of your income from all sources and do a monthly budget of your normal living expenses.Also, any lawsuits you are involved with. See a bankruptcy lawyer in your area and they will be able to review your situation and see if... Read more »

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1 Answer | Asked in Bankruptcy for New Mexico on
Q: Can student loan debt be garnish from social security benefits and are they exempt from bankrupt filing?
Andrew Bresalier
Andrew Bresalier answered on Feb 6, 2014

A: Student loans are not dischargeable in a bankruptcy, regardless of their source. Generally Social Security is not garnishable; however, if the Student Loans were Federally Insured, they can garnish the benefits. Additionally, once the benefits are in a bank account, they lose their exempt... Read more »

1 Answer | Asked in Bankruptcy for New Mexico on
Q: Can attorney fees be discharged through personal bankruptcy?
Andrew Bresalier
Andrew Bresalier answered on Feb 6, 2014

A: Generally, yes. However, if the attorney’s fees were charged to you as part of a family law case, involving Child / Spousal Support or was granted “in the Nature of Support”, then it cannot be discharged.

1 Answer | Asked in Bankruptcy for New Mexico on
Q: Can a writ of garnishment be issued against a checking or savings bank account?
Andrew Bresalier
Andrew Bresalier answered on Feb 6, 2014

A: Yes, your accounts can be garnished. Garnishments is done by writ, forwarded to you and your employer / bank / etc. Generally, attached will be a document providing you an opportunity to object, if you have grounds (i.e. children).

1 Answer | Asked in Bankruptcy for New Mexico on
Q: I recently received a discharge from a chapter 7 filing. And now the state of NM wants to file securitie fraud charges

My BK procedings lasted for 3 years and involved the US Trustee fighting for dismisal. She lost and therefore I got my discharge. Can They still file fraud.?

Andrew Bresalier
Andrew Bresalier answered on Feb 6, 2014

A: Fraud is not dischargeable in a Bankruptcy, so the State can proceed against you criminally and those which were the alleged victims can proceed against you civilly.

1 Answer | Asked in Bankruptcy for New Mexico on
Q: HOW DO I STOP MY CHECK FROM BEING GARNISHED - I HAVE FILED BANKRUPTCY ON 1-4-2013
Andrew Bresalier
Andrew Bresalier answered on Feb 6, 2014

A: File a Suggestion of Bankruptcy in the State Court Case and provide a copy to your employer and the opposition.

1 Answer | Asked in Bankruptcy for New Mexico on
Q: Is there pro bono bankrupt lawers in alb nm
Andrew Bresalier
Andrew Bresalier answered on Feb 6, 2014

A: Fees vary case to case based upon the amount of work required. Chapter 7 cases generally start at $1,500 for an experienced Bky atty. Chapter 13 cases start at about $2,500. Some attorneys, like myself offer specials and discounts. The Filing fee for a Chapter 7 is $306, for a 13 it is $281.... Read more »

1 Answer | Asked in Bankruptcy for New Mexico on
Q: Can Nationstar purchase our mortgage from B of A on 3-16-2013 and declared it in default on 4-3-2013?

Nationstar purchased our mortgage from BofA on 3-16-2013 and sent us a letter dated 4-3-2013 saying it was 30 days or more past due and was in default. We were paying twice a month to BofA and they took out the payment on March 1 but not on March 15. We paid the total monthly payment to Nationstart... Read more »

Andrew Bresalier
Andrew Bresalier answered on Feb 6, 2014

A: If you are not current with your payments, they can consider it in default and proceed accordingly.

1 Answer | Asked in Bankruptcy for New Mexico on
Q: Does Bankruptcy clear liens on home or other property?
Andrew Bresalier
Andrew Bresalier answered on Feb 6, 2014

A: On your home, a Secured Creditors, such as you mortgage(s) or equity lines will stay, but you can remove most other stuff with a 522F Motion. If you owe more on the property than it is worth you maybe able to Strip a 2nd Mortgage and/or Cram Down your 1st Mortgage. On your car, if you owe... Read more »

1 Answer | Asked in Bankruptcy for New Mexico on
Q: How long does personal bankruptcy stay on your record?
Alfred Sanchez
Alfred Sanchez answered on Oct 15, 2013

10 years.

1 Answer | Asked in Bankruptcy for New Mexico on
Q: If i file ch7 can i keep 2 homes?
Alfred Sanchez
Alfred Sanchez answered on Oct 15, 2013

It depends on the amount of equity you have with each home.

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