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Michael J. Shavel

Michael Shavel’s Answers

9 total

  • File Bankruptcy

    My husdand and I both have been laid off work with no luck at this time finding a job. What I want to know is there a way to file bankruptcy and still be able to keep your house.

    Michael’s Answer

    Yes in a chapter 13 you can receive a discharge for all or part of your unsecured debt while keeping your house. You will need to pay all the arrears on the house over a sixty month period and remain current on the mortgage.

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  • Can I keep my house but still file bankruptcy?

    Can you keep your house, but still file to rid of unsecured debt?

    Michael’s Answer

    Generally, in a Chapter 13 bankruptcy filing, you will be able to keep your house. You will need to pay the arrears under the mortgage over a 60 month terms and the regular payments as you go.

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  • Are there bank accounts that have protection against a levy

    is there a checking account that has protection against a levy

    Michael’s Answer

    Generally accounts are leviable in New Jersey. The name on the account and the judgment must match for the levy to be succesful, Certain ERISA accounts, IRA, etc are protected against levy as a matter of federal law. However, in New Jersey most other accounts can be levied upon.

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  • Bad Payroll checks cashed at a Check Cashing store.

    I am freaking out! I had saved a few of my paychecks & my bonus check for my vacation then went to a check cashing place & cashed them. When I returned 10 days later I was notified that not one but all of them had been returned. I called the check...

    Michael’s Answer

    Under a strict reading of the law, you are liable as the endorser of the check (you signed the back) to the check cashing store. You have a claim against the Company for not honoring is check. You may also have a defense if the check cashing store waited too long to notify you of the bad check. This is a very unforunate occurrence, but you probably can get some free advise from the NJ Dept. of Labor as you have not been paid for work performed.

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  • What are the proceudres for filing bankruptcy in PA state

    i co-signed on a car , an apartment for my son. i also had his cell phone, i also let him use a credit card which he never paid and various other bills, he has wiped my savings and now he is in jail for DUI, now the bills are coming in, i cannot p...

    Michael’s Answer

    You can certainly file for protection under the bankruptcy code. A consigner on a loan or account is as liable for the obligations as the account owner. Depending on the amount due and the willingness of the companies to compromise the debt, you could either file for bankruptcy or seek credit counselling from a not for profit credit councilling service.

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  • My attorney never billed me monthly even tho I asked many times. I just found he was on ineligible list to practice too. Now ?

    This is a case for a post divorce settlement agreement. It was just a motion to the judge, but has now dragged out for almost 2 years! Still have not seen a judge and we are going on to a 3rd one now! I gave my attorney $3000 retainer fee and t...

    Michael’s Answer

    I am very sorry you are having so many difficutlies with your attorney. Attorney fees in New Jersey are subject to mandatory fee arbitration. You are in Middlesex County, here is a link for more information on fee arbitration http://www.mcbalaw.com/displaycommon.cfm?an=1&subarticlenbr=25. WIth respect to your attorney continuing to practice while on the ineligible list you should contact the Office of Attorney Ethics in Trenton for further advise.

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  • Old Employer withholding back pay

    I was recently told to resign from my employer or be fired and I chose to resign. I was also told my paycheck would be withheld until the jobsites I serviced were checked to make sure there was no money differences before I would be paid. It has...

    Michael’s Answer

    There is a simple answer to this question - NO. By statute in New Jersey, th employer must pay you for all time worked and may not hold your check. Your best option is to file a complaint with the Department of Labor for non-payment of salary. Its cheap and fast.

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  • Husband depositing IRS checks into his own account without 2 signatures required

    My ex-to be deposited checks into his own account without my signature and when I tried to deposit a kicker check, the bank told me I couldn't, but they let my husband get away with it. What gives? I thought the patriot act prohibits banks from...

    Michael’s Answer

    If the check was payable to both you and your husband, and both parties did not endorse the check then I would notify the IRS and the payor that the check was wrongfully endorsed. If a new check is issued then both of you are required to endorse. The Bank is only liable to the IRS for paying over a fraudlent endorsement. The IRS is liable to you as they have not paid you if the check was fraudlently endorsed.

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  • Arbitration,debt collection

    Creditcarddebt, the debtcollection attorney never validated the debt (FDCPA Section 809(b) ) and forced me to a court ordered arbitration. The panel awarded the attorney and did not accept my "answer to complaint" letter which was the fact th...

    Michael’s Answer

    A failure to validate the debt is a violation of the Fair Debt Collections Practices Act and would entitled yout to statutory recovery together with an award of legal fees. However all that is required to validate the debt is to evidence the original account holder and the amount due. Arbitration awards are generally enforceable except in the case of fraud of failure to follow due process. If the arbitrator did not consider your answer of defense under the FDCPA, you may have grounds to reverse the arbitration, however there are time periods for you to observe.

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