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Joshua A. Burnett

Joshua Burnett’s Answers

14 total


  • My company is going bankrupt. Do they have to pay me my last paycheck?

    I work for a UK based company. The rumors are flying and there are articles in trade magazines indicating the company is seeking administrative relief. However, they are not being forthcoming with information to us in the US office or the UK emplo...

    Joshua’s Answer

    All of the previous answers are exactly correct, but if you are not paid, and if the company subsequently seeks bankruptcy relief, any wages (up to a certain amount) earned within 180 days of the bankruptcy filing enjoy a priority status which would entitle you to payment ahead of most other creditors. Read section 507 of the Bankruptcy Code, and hire an experienced bankruptcy attorney if that happens.

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  • Husband and Wife are filing bankruptcy 7 no assets whatsoever. Can I attend the creditor mt via phone since I live out of state

    My husband and I are legally separated and going to get divorced. We are filing for Bankruptcy before we file for divorce. I have lived in another state now for 3 months. I am told we need to file in the state where he lives and where the debt occ...

    Joshua’s Answer

    Please speak with an experienced bankruptcy attorney who knows the law and the local rules in WA before you file a pro se Chapter 7, especially since you say that you are separated and living apart in different states.

    To answer your question about appearing telephonically at the 341 meeting, the answer is... maybe. Call the Trustee assigned to the case and explain the circumstances. I have been able to do this exactly once for an elderly and very infirm couple who would have had an exceptionally difficult time getting to the meeting room. The Trustee was very accommodating, although he was under no obligation.

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  • Qualify for a chapter 7?

    I am in a pay day loan cycle that I can't get out of. This month 1200 will come out of my direct deposit on the 1st or 2nd. I am a single mom and get sporadic child support every 4-5 months but not much. I have over 10 grand in credit card bill...

    Joshua’s Answer

    As my coleagues have already pointed out, filing a Chapter 7 pro se is very risky and you should speak with an experienced bankruptcy attorney to make sure you do not inadvertently cause more problems than you are already dealing with.

    If you choose to go it alone, a good place to start is the United States Trustee's website (the department that oversees bankruptcy proceedings). There is plenty of info about the means test, etc. Go to: http://www.justice.gov/ust/means-testing

    Good luck!

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  • Does a mortgage company need a reaffirmation letter if the mortgage was never included in a chapter 7 bankruptcy ?

    I filed a chapter 7 bankruptcy which only included credit card debt. The bankruptcy was discharged. During the time of the bankruptcy until now I have had 2 mortgage companies ( our current company replaced our previous company, maintaining sa...

    Joshua’s Answer

    I second Attorney Berkus' answer. The Bankruptcy Code prohibits reaffirmation of a debt after the Court has entered an Order of Discharge. Whether you should or should not have sought a reaffirmation is another question entirely and one that your counsel is in the best position to answer, since he or she is most familiar with all of the facts and circumstances in your case. I have tried (and failed) to hold bank's accountable for failing to send statements or report account activity to the credit bureaus. It essentially comes down to the individual bank's policy regarding issuing statements. Some do; some don't.

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  • Employer bailed on my paychecks claiming Chapter 7 bankruptcy.

    I was hired as a salaried employee for a company that 2 weeks in discharged me, (via text on a Saturday when I was out of the office) That Monday i contacted them for my final paychecks and I received a text saying "as of today we are no longer in...

    Joshua’s Answer

    If there are assets to be liquidated and the proceeds used to pay creditors, only creditors who file claims in the case will be paid. If you choose to go about this without the assistance of an attorney, contact the clerk of the Bankruptcy Court for more information on filing a claim.

    Also, read section 507(a) of the Bankruptcy Code for an explanation of priorities of claims. You will find that unpaid wages earned within 180 days of the filing of the case are given a relatively high priority.

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  • Chapter 7 bankruptcy forms needed to submit in my case?

    Since I have not been working, I have $0 income in the past 6 months. My income in past year is below poverty level. Do I still needs to submit the Means-Test Calculation? I believe everyone needs to submit Schedule I and Schedule J? However, if o...

    Joshua’s Answer

    The US Bankruptcy Court has published a form (B200) which should be useful in determining exactly which forms you need to include. You can find it here: http://www.uscourts.gov/forms/bankruptcy-forms

    I agree with my colleagues that preparing a filing the schedules and other forms yourself is risky. They are very detailed. If you choose to do it yourself, read the instructions very carefully.

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  • How much does a bankruptcy usually cost? And how much of that is usually upfront costs.? And How long is the process?

    Approx 9 credit cards and two personal loans totaling an estimate of 24,000. This does not include the price of my vehicle which I hope to keep.

    Joshua’s Answer

    This is like asking a mechanic how much it will cost before he's looked under the hood. What you believe to be a relatively simple situation may, in fact, be much more complicated, and there is really no way to know for sure until you have reviewed your financial affairs with an attorney. As far as the lenght of the process, a Chapter 7 is usually over in 90 to 100 days if there are no objections and no assets for the Trustee to sell. A Chapter 13 (if you don't qualify for a Chapter 7) is usually anywhere from 36 to 60 months.

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  • Is there medical bankruptcy? How can we claim it?

    My dad was very ill, he died in september 2014 after 15 years of battling terminal illness. He racked up $$$$ so much in medical bills. Is there a way that we can claim medical bills bankruptcy and get it cleared out? My baby brothers are eating r...

    Joshua’s Answer

    Bankruptcy is not specific to certain kinds of debt. From what you have described, the situation is obviously very serious. Your mom should find a local bankruptcy attorney immediately and schedule a consultation.

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  • Can my spouse file bankruptcy by himself?

    If we are married can he file bankruptcy on his debts without it affecting me his wife?

    Joshua’s Answer

    There is no requirement that you file a joint case. Either one of you may file, but read the documents carefully. Depending upon your circumstances and what chapter of bankrupty he files, the instructions will tell you where and when to include certain information about you as a non-filing spouse. There may be other issues of which you may not be aware and that may not be apparent from the instructions, so speak with an experienced bankruptcy attorney who can guide you through the process and make sure you are both protected.

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  • I am interested in filing chapter 7 bankruptcy.. how can I file on my own behalf?

    im racked with bills. I can not afford an attorney.. is there any way I can file bankruptcy without a having to pay a lawyer?

    Joshua’s Answer

    Attorneys Gambrell and Bunce covered it very well. No need to repeat what they have said except to emphasize that there are lots of traps for the unwary in the bankruptcy process, and the consequences in a worst case scenario can be devistating. The only thing I would add is to contact the IN Bankruptcy Court Clerk's Office to see what resources they may recommend. In MA, for example, we have a Pro Se Law Clerk whose job is to offer assistance to pro se debtors (short of providing legal representation). Good luck.

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