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Pamela Faye Trachtman-Allen

Pamela Trachtman-Allen’s Answers

9 total

  • Are these funds part of the bankruptcy proceedings?

    In June 2013 I was paid a lump sum distribution for past due wages and unreimbursed employee travel expenses, eight weeks later my employer filed for Chapter 7 bankruptcy. I recently received a letter from the attorney appointed as trustee in the ...

    Pamela’s Answer

    Yes, potentially. It will depend on the type of creditor you would be classified as. If you are a priority creditor, then it would not constitute preferential treatment. If you are a general, unsecured creditor, you would need to give back the funds and they would need to be disbursed equally to all of the general unsecured creditors by the Trustee.

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  • Financial institution refused to lower my payments or make other offer.

    Since I've been out on disability I've had a lower income, and difficulty paying some financial institutions. Every bank but one made payment arrangements. They refused to lower the payment even temporarily. They normally give customers three chan...

    Pamela’s Answer

    My advice is to seek counsel for bankruptcy. Since the creditors are under no obligation to work with you, they will likely file for judgments in the upcoming months. Since your only income in SSI, they cannot garnish and keep the funds, but it may be up to you to bring that fact to the Court's attention. I would get ahead of the problem by possibly filing a Chapter 7, before it comes to one or multiple pending garnishments.

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  • The EDD levied our bank account even though all back taxes were paid

    Our payroll person neglected to file for 2012. After many emails back and forth with her and forwarding letters from the EDD, all of the 2012 taxes were paid in full by the end of the year 2013. Or so I thought. In January we received a notice of ...

    Pamela’s Answer

    What state are you in? In some states, you may file the equivalent of a homestead deed, which can get you back garnished or levied funds. I would look into this, as it is a fast solution, since it usually only needs to be filed in the city or county that you live in.

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  • I wanted to know if it says I was awarded a judgment and I haven't received it how and what do I need to do to collect it

    Unpaid Judgment

    Pamela’s Answer

    You will need to take some further action to collect the debt that was awarded in the judgment. You can file a garnishment to collect the funds from their paycheck or a bank account. You may want to contact a civil or creditor's attorney to assist you in filing the action.

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  • I get childcare, healthcare, and WIC. can i still be garnished if the garnishment was in effect before being eligible?

    My fiance, myself, and our three children (1 is my biological son) receive state assistance in medical, as well as child care, and WIC. I have a garnishment from the state of Wisconsin for 15% of my gross income, accruing 6% interest on the unpai...

    Pamela’s Answer

    Garnishments can be taken from your pay or a bank account and have nothing to do with government benefits. Your funds may be protected, depending on their source. If you only receive public assistance income or Social Security Income, then that can not be garnished.

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  • What is the best way to negotiate a warrant in debt ? I am a resident of Virginia.

    I received a warrant in debt (VA) with less then 4 days to appear in court.I owe this debt but cannot afford lose 25% of my pay.The debt is 7000 for an unpaid Discover card. It is within SOL and the debt is valid,but I have had no available time ...

    Pamela’s Answer

    You have a couple different options. First, you can go to the hearing and ask for a continuation in order for you to obtain counsel. That will likely give you at least 30 days to seek the advice of an attorney. You can also choose not to go to the hearing and allow the creditor to get a judgment for the debt. If it is a valid debt and the creditor can show that you owe it, they will get the judgment eventually. In order for them to collect from the judgment, the creditor will have to file for a garnishment. They can file against your wages or your bank account. They are able to garnish 25% of your weekly wages. Third, you can retain a bankruptcy attorney and get your case filed before the hearing date, which will stop all judgement proceedings with the automatic stay.

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  • Can I keep 2 cars while filing chapter 7, one is under my name as loan and one i gifted to my husband as a wedding gift?

    I plan on filing chapter 7 bankruptcy in California. I have a current car loan that I am up to date on. I gave my truck that I had paid off to my husband as a wedding gift plus his 25 year old truck finally stopped running and needed a new engine....

    Pamela’s Answer

    What can be protected from the Trustee in a Chapter 7 case depends on whwther you can claim your state or federal exemptions. Each state has different requirements in order to take their exemptions and some let you choose to take federal exemptions. This will be based on whether you meet the state's residency requirements.

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  • I have three credit cards with Bank of America which I want to discharge in Bankruptcy Chapter 7.

    I prepared master mailing list and listed Bank of America only once. Is it fine, or should I lists them three times? I listed them in schedules three times.

    Pamela’s Answer

    If there are different account numbers for each card, then they each need to be listed in Schedule F of your petition. Look on your statements from Bank of America and each different address for each account needs to be listed in your creditor matrix.

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  • Am I able to file an amended Schedule or Statement of Financial Affairs after filing a Chapter 7 Voluntary Petition?

    If so, am I able to file individual amended schedules or must I re-file the entire set?

    Pamela’s Answer

    It depends on the district in which you filed your petition. Each district has local rules that will address the subject of amending your petition.

    In the Eastern District of Virginia, you must only amend and sign the schedules/information that you are changing, not the entire petition.

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