Theodore Lyons Araujo's Answers

Theodore Lyons Araujo
Syracuse Chapter 7 Bankruptcy Attorney.
Contributor Level 20

1

Attorney answers:

  1. Theodore Lyons Araujo

How does a bankruptcy discharge affect my income tax filings

Asked by a user in Southfield, MI - over 3 years ago.

It will not affect the filing of taxes. however, many creditors whose debst are discharged then send the debtor a "1099" form. When debt is forgiven outside the context of Bankruptcy it can result in income to the person in whose favor the taxes were forgivien. There are IRS regulations that state that even if the debt is forgiven the person is not taxed n that "income" (yes, the forgiven debt is treated as income) if the person was "insolvent" when the debt was forgiven. Even though you...

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Attorney answers:

  1. Theodore Lyons Araujo
  2. Mary Katherine Brown
  3. Carl P DeLuca
  4. Gary D. Bollinger

Can a bank that l owe that holds my ira put a judgement or lein on the check itself,without being in any account.

Asked by a user in Albany, NY - 8 months ago.

This is not necessarily a New York question. While the money is in the account it is protected, however, theoretically, if the bank has a restraining notice thaat is active and they are the ones either trying to offset or collect, they could take the money between the time you authroize the money to be released from the account and the time they hand you the check. I would probably transfer administration of the IRA to another bank or investment person rather then withdraw it as you have...

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Attorney answers:

  1. Theodore Lyons Araujo
  2. Dennis Andrew Chen

Served with a summons and complaint, what is the procedure for answering a lawsuit under WA state civil procedure

Asked by a user in Kennewick, WA - almost 4 years ago.

If you cannot afford an attorney you can file your own answer. Go to my website at www.bodowlaw.com and get a copy of an answer for free. At least then there will not be a default judgment and the Court will make the people suing you prove their case. Good Luck!

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Attorney answers:

  1. Theodore Lyons Araujo
  2. Frank Wei-Hong Chen
  3. Tom Arany

So if i transfer some of the money to savings it is not safe?

Asked by a user in Sacramento, CA - 4 months ago.

Make sure you segregate the SS funds from other funds.

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1 person marked this answer as helpful

2

Attorney answers:

  1. Theodore Lyons Araujo
  2. Eric Edward Rothstein

Can I sue my ex wife for damages

Asked by a user in Owego, NY - 9 months ago.

When deciding if you should sue someone there are two essential requirements. First, did the person who you think violated your rights have a duty to refrain from the activity that you think would form the basis of a suit or did they have a legal duty to do something and they did not do it. It is very difficult to determine the answer to that question based on the facts you list because it will depend on State law and possibly administrative law in your State and under Federal Law. The...

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Attorney answers:

  1. Theodore Lyons Araujo
  2. Eric Edward Rothstein

How to answer a summons and complaint Hempstead Town, Nassau County, NY

Asked by a user in Oceanside, NY - 10 months ago.

The first thing you need to do if and when you get sued is file an Answer. The summons will tell you that you must “appear” by way of an Answer in 10, 20 or 30 days, “depending on the method of service.” PLEASE CHECK THE LAW IN YOUR STATE AS YOU MAY ACTUALLY HAVE TO APPEAR IN COURT, AS IN VIRGINIA, IN ORDER TO AVOID A DEFAULT! You need a lawyer, but if you cannot afford one right away, rather then do nothing and have a judgment entered against you, is to “appear” by filing something!...

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Attorney answers:

  1. Theodore Lyons Araujo
  2. Steven Alan Fink
  3. Mitchell Paul Goldstein

What to do if you co-sign and the borrower no-longer pays..

Asked by a user in Saugerties, NY - over 1 year ago.

Go to your legal assistance office right away and see if they can negotiate a release if you pay some of the money. If the ther person is in the military then the soldiers relief act may be the reason they cannot repossess. REQUEST: Please give this answer a "thumbs up"(below) if you find it valuable. Disclaimer: This answer does not constitute legal advice. I am admitted in the States of New York, New Jersey and Massachusetts only and make no attempt to opine on matters of law that are...

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4

Attorney answers:

  1. Michael Hal Schwartz
  2. Anthony Matthew Vassallo
  3. Theodore Lyons Araujo
  4. Sidney Joseph Diamond

Reopen a bankruptcy case?

Asked by a user in Armonk, NY - 19 days ago.

You can reopen and add those cards. It is also probable that they are suing the company and not you. Have you dissolved the corporation? Your personal bankruptcy does not discharge the liability of the corporation. Plaintiff may be going after those assets.

3 lawyers agreed with this answer

3

Attorney answers:

  1. Michael Hal Schwartz
  2. Walter C Oney Jr
  3. Theodore Lyons Araujo

If i file for bankruptcy as an individual, how will it affect the Incorporated Joint Venture in which i am a co-venturer?

Asked by a user in New York, NY - about 1 month ago.

Your shares are personal property that become part of the bankruptcy estate. the effect on the company would hve to be analyzed further depending on the facts of the case.

3 lawyers agreed with this answer

2

Attorney answers:

  1. Theodore Lyons Araujo
  2. Jeffrey Bruce Gold

How to answer a summons and complaint Hempstead Town, Nassau County, NY

Asked by a user in Oceanside, NY - 10 months ago.

The first thing you need to do if and when you get sued is file an Answer. The summons will tell you that you must “appear” by way of an Answer in 10, 20 or 30 days, “depending on the method of service.” PLEASE CHECK THE LAW IN YOUR STATE AS YOU MAY ACTUALLY HAVE TO APPEAR IN COURT, AS IN VIRGINIA, IN ORDER TO AVOID A DEFAULT! You need a lawyer, but if you cannot afford one right away, rather then do nothing and have a judgment entered against you, is to “appear” by filing something!...

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