Kenneth W Miller Jr's Answers

Did my father leave me money when he passed away?

You should contact the Surrogate or the Recorder of Wills for the county in which your father was residing at the time of his death to see if a will was probated. If it was, you can get a copy of it for a modest cost.You can also contact his attorney to get a copy. If you do not know who is attorney was, contact the county bar association, and maybe they can send an email out to their members to ask if anyone prepared a will for your father. You can also get a referral for an estate lawyer to...

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Considering bankruptcy chapter 7/ need bankruptcy/ divorce attorney

The law says that a public employer is not supposed to discriminate against an employee for having filed for bankruptcy, but it does not give any guidance as to a private employer. You should have an employee handbook that spells out the terms of your employment. It may answer your question. If not, pose hypothetical question to your HR department and see if you can get an answer. I am sure that this has happened before. You will need to get a bankruptcy lawyer and a divorce attorney in...

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My wife and I are divorcing. We are both filing Chapter 13's. I want to turn some property over to her. Can I?

Unfortunately you cannot "transfer" the mortgages into her name only. Only the lenders can agree to this, and I doubt that they would.The only way to assure that you are off of the notes and mortgages would be to sell the property and pay them off, or have her refinance the loans. I urge you to seek out a good bankruptcy attorney, if you do not already have one. If you are divorcing, you should each seek independent legal advice. Good luck.

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If we convert our chapter 13 to a chapter 7 can we still keep our home

You will not be able to keep your home, based on the scenario you have set forth. Start setting aside money to put towards a rental, and look into converting to a Chapter 7 bankruptcy, which will not wipe out the lien on your house, but will wipe out your personal liability on your debts, and give you a fresh start.

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My parents have been paying taxes for a garage they don't have since 1976. How can they reclaim their money?

Are you referring to income taxes or property taxes? If you are referring to real estate taxes, they can file a tax appeal with their municipality if the garage was torn down and the assessment was never amended to reflect it. However, they will probably not go back to 1976. Never depend on a mortgage company to do anything!

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Is credit card debt considered domestic support obligations?

If your divorce decree says that you have to pay a bill that was a joint obligation of you and your former spouse, it could very well be considered a domestic support obligation as it is in the nature of support. Depending on your income and assets, you may want to file a Chapter 13 Bankruptcy and pay the jointly owed debt as a separate class of unsecured creditors and get a discharge as to the other debts. Or, if the amount of the debt is not that high, you could file a Chapter 7 and simply...

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Any time limit on recording a quit-claim deed?

I do not believe that there is any statute of limitations, but I wonder why you are waiting to file it. If your ex-spouse gets sued and ends up with a judgment against him/her, it may affect your title since you have not filed the deed. file it now and hope that your delay has not caused any title problems.

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What happens if I dont pay walmart's settlement offer on any potential civil claims?

I do not know what a "liability company" is, but the court will probably order you to make restitution to Walmart, and that should take care of the matter. Take the letter to court with you and see what the prosecutor or the judge says about it.

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Will a personal judgement stay on real property if you sell it to them

Unfortunately the judgment will remain as a lien on the house even if you re-convey it to your mother. You should contact the landlord and try to settle this debt-maybe he/she will take a lesser amount if you pay it in a lump sum.

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I received a copy of a letter sent to a court officer, to levy personal property for a credit card debt on me, will he

You are entitled to a $1000.00 exemption under the applicable New Jersey Statute even if you do not file for bankruptcy. You should contact the Court and claim this exemption, which will delay the levy for enough time for you to seek the advice of a bankruptcy attorney. Do not delay, as the court officer does not have to give you notice before he appears at your house.

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