W. J. Winterstein Jr.'s answer If your 401k is a "qualifying plan" (i.e., meets the requirements of Section 401(k) of the Tax Code), then your 401k plans should be exempt from execution.
Your judgment creditor may nonetheless attempt to levy on your 401(k) account, and you will need to file written objections to that execution, claiming the exemption, with the Sheriff to whom the writ of execution issued. Don't delay in the filing of objections, as I believe you have only ten days to do so.
W. J. Winterstein Jr.'s answer If you've sold your house for a "fair price", that is, for fair market value, in an arm's length transaction, then the sale of your house should have no impact on your decision about, or timing of, a bankruptcy filing.
You need to evaluate your current asset values and debts, and the payment terms of those debts, to determine whether to file for bankruptcy relief, and which chapter of bankruptcy under which to file, and when to file.
Timothy Denison's answer The penalty varies from plan to plan. You can check with the plan administrator to determine exact amount. It is unlikely that the IRS is even aware of the pension plan, do very doubtful that they will be able to seize money.
You cannot get another discharge for 8 years from that date.
The spacing, until recently, was six years between discharges, and it became common to file a "chapter 20" bankruptcy, meaning first, a Chapter 7, and then a year or so later, file a Chapter 13 with a 5-year plan (the discharge in a Ch. 13 case is granted at the end of the plan term). Using the same tactic, you'd have to wait for about three...
W. J. Winterstein Jr.'s answer There are different "chapters", or forms, of bankruptcy. In a Chapter 7, the simplest form, your income is only used to determine your eligibility to file under that chapter. If your income is below the "median income" for the state of PA, you'd have no income issues.
In a Chapter 13 bankruptcy, your income is used to fund a Plan, commonly called a "wage earners' plan", which provides for payment over a period of time up to five years of debts you must pay ("priority" claims and...
Kathryn Hilbush's answer No idea. I'd google it and see if you can locate the information about the particular lawsuit you're interested in. I tried but, not knowing why you believe you may be eligible to apply to join one of the several lawsuits out there, my ability to come up with any sort of suggestion was too limited.
Brad Jonathan Sadek's answer Yes, in a Chapter 7 bankruptcy, otherwise known as a "fresh start bankruptcy" our firm charges a flat rate fee. The flat rate is dependent on your specific situation. Our office offers a payment plan for legal fees prior to filing for all clients.
W. J. Winterstein Jr.'s answer Basic due process requires that in any litigation, the defendant must be served/provided (with proof of service) with the Complaint and Summons, whether in PA state or federal courts.
You should investigate, or have someone investigate, the validity of service of process in the Discover case; if it's defective, you should move to vacate any judgment by default that may have been entered.
You should also focus on the apparent identity theft underlying the "something you never...
Kathryn Hilbush's answer This question is, on the surface, rather odd because, unless she has obtained an order from the bankruptcy court allowing her divorce case to proceed, it cannot because the bankruptcy, as a federal action, overrides all state court actions relating to her assets. If you don't have an attorney, you'd better consult with an experienced family law attorney about your situation.
Timothy Denison's answer Technically, it belongs to the estate but practically it’s only $271 and you probably have exemptions to protect it if the did claim it and it’s 6 years old, so probably ok to just deposit.
W. J. Winterstein Jr.'s answer When a person dies intestate, his property owned at the time of death passes to his legal heirs, i.e., those heirs defined by the intestacy statute in the state of the decedent's domicile. In almost all states, the children of the deceased, and wife, are the designated heirs. A grandchild is not normally named as a direct heir in the statutes. Assuming MD's intestacy statute provides that the children (and wife, if he is married and she survives him) of a decedent automatically become owners...
Cary B. Hall's answer Call the bankruptcy clerk. Since you're in Lansdale, I'm presuming that you filed in the Eastern District of Pennsylvania (in Philly). That number is (215) 408-2800. Call them tomorrow and see what you can find out.
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