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Sheila Louise Rambeck

Sheila Rambeck’s Answers

83 total


  • Does B21 form need to be filed with a corporate bankruptcy case?

    Does B21 form need to be filed with a corporate bankruptcy case?

    Sheila’s Answer

    Corporations do not receive a discharge in a Chapter 7 bankruptcy and you do NOT want to file your own Chapter 11 bankruptcy, so you need to contact an attorney to help you decide if this is the right option for your company.

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  • Can the homestead exemption be used to cover past rent to a previous landlord opposed to a mortgage?

    I filed a chapter 7 that has now turned into an asset case due to my settlement for a wrongful termination claim became property of the estate. My previous landlord filed a proof of claim with an erroneous amount. Can I use the homestead exemptio...

    Sheila’s Answer

    Tell the trustee (or have your attorney tell the trustee) that you believe the claim is in error. The trustee can object to the claim.

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  • In the state of GA is a single parent required to get permission from all there children in order to be cremated?

    My mom is asking me to collect permission slips from my siblings. She says Georgia requires it. I think she crazy or thats a weird law, if so there must be a good reason.

    Sheila’s Answer

    I agree with the other answers. I've never heard of such a law in Georgia, but if your mother has a will, that should have her wishes stated out so that she gets what she wants.

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  • Can the trustee withhold any portion of my allowed exemption & when is it too late to convert a case to a 13?

    I filed a chapter 7 and have since been discharged as the debtor but the bankruptcy estate remained open awaiting my settlement proceeds. I updated my Schedule C to exempt as much as the settlement that I could and the trustee allowed the exemptio...

    Sheila’s Answer

    Your attorney should have the answers to these questions. If you don't have one, you may have incorrectly scheduled your exemptions. The trustee would also be able to answer the question of why you aren't receiving what you think you're supposed to receive.

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  • Do I need a lawyer for probate

    My brother past couple of month ago. He lived with his girlfriend for 13 years we contacted her about turn over my brother personal papers, bank statement, car any id’s etc…….. so that we can take to probate court. She has told us if we contac...

    Sheila’s Answer

    You may not need probate if your brother had no assets, but it appears he had a car from your question. You would need to probate his estate to transfer ownership of the car. You can retain an attorney (the best way to make sure it is handled correctly), or you can go to www.gaprobate.org to get the forms to do it yourself.

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  • History of Filing for Chapter7 Bankruptcy

    There may be a question on the petition that ask if you filed for bankruptcy in the past 10 years. I am not sure if the question asks in past 10 years or ever. I filed for bankruptcy over 10 years ago. Will I be asked if I ever filed for bankruptc...

    Sheila’s Answer

    The petition only requires that you list any bankruptcy filed in the past 8 years. The trustee may ask at your meeting of creditors if you ever filed, but they are only looking to make sure you didn't file in the past 8 years so you can receive a discharge. The trustee can look at a past bankruptcy, but most don't have the time or inclination to look at one that old.

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  • I'm located in Georgia. If I cosigned with a person on a car loan can they legally file bankruptcy on that without my knowledge?

    cosigned, still have about 30,000 left on, can the person I cosigned with file bankruptcy without my knowledge?

    Sheila’s Answer

    Yes, they can file for bankruptcy without your knowledge, but you should be listed as a co-debtor on their schedules and be notified after they file. If they receive a discharge, you will be responsible for that debt on your own. Either the bankruptcy court or the car finance company will be in touch with you if that happens. You may want to be prepared to file bankruptcy yourself if you are not able to pay this debt.

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  • If I signed a Direct Plus Student loan for my son and he promised to pay it and now refuses, do I have a legal recourse?

    He has graduated and he and his wife are employed and earn over $100,00. He is spending extravagantly and bragging on the net and decided to "disown" me.

    Sheila’s Answer

    If you are a co-signor on this loan and your son doesn't pay it, you are on the hook for it.

    You may want to consult with an attorney to see what legal recourse you have, but short of suing him, you are responsible for that loan payment if he doesn't pay.

    Try to contact the lender to work out some sort of payment plan.

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  • Yesterday my bank account was garnished by my mortgage company who just happens to be the bank my pay check has direct deposit.

    My question is how can the mortgage company garnish my wages when they have foreclosed on my home. did they not receive the house back?

    Sheila’s Answer

    Usually to be able to garnish your wages, the mortgage company should have filed a lawsuit against you claiming a deficiency. If you ignored this lawsuit, they got a default judgment against you for the deficiency amount. Check with a bankruptcy attorney as that may be the best way to get the garnishment stopped.

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  • If the insurance company took a civil suite against me for 11,000 and placed a lien on my license can I file bankruptcy and get

    Could I get my license reinstated and lien took off my license

    Sheila’s Answer

    Yes, you can. Find a local bankruptcy attorney to help you with this.

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