Jason Anthony Burgess's Answers

How long to garnish my wages after info sheet is filled out on contract indebtedness?

Unfortunately if you can be garnished the judgment can stay valid for up to 20 years. It is originally good for 10 and then can be re-recorded for another 10 years. So technically they have up to 20 years to garnish your wages or accounts to satisfy the judgment. You need to go speak to a local attorney about this soon.

Bankruptcy chapter 13 can it really dissolve the 2nd mortgage if the value of the home is less then what you owe on the 1st mtg?

Chapter 13 bankruptcy can remove a second or third mortgage from your homestead if you can prove the value is less than what you owe on your first mortgage. I see you are in Florida and normally that is the case! I would go speak to a Chapter 13 bankruptcy attorney and they can let you know the specifics of your situation.

Im a shareholder in a company (MPPCQ) that recently filed chapter 11BK.

Just to add one thing. Please make sure to file a Proof of Claim for any amount you believe the company owes you. That way at least your claim is out there, even if you are scheduled. The two answers above are right on point. Equity Holders are in a very tough spot in Chapter 11 bankruptcy. I would go speak directly with a Chapter 11 attorney if you have a lot to potentially lose.

If I file bankrupcty will that release a civil judgement?

Usually a bankruptcy does not release any kind of criminal judgment. You may want to schedule an appointment with a local bankruptcy attorney to discuss your particular options. Most of them offer a free initial consultation.

My Chapter 11 Bankruptcy Attorney Not Responding to Communication, and Rule 2004 Examination is imminent. Best course of action?

You need to go over to the firm and insist to see the attorney. If it truly has been that long there is no excuse for him not contacting you back of at least have his assistant let you know what is going on. If that gets no response I would go to another Chapter 11 attorney to see if they are willing to step in. If not contact your local U.S. Trustee's office to see if they can assist.

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I want to take my company Chapter 11 and there is secured real estate. What are the criterion for granting a relief from stay.

This is only for educational purposes and should not be construed as an attorney client situation: I will make this sound as easy as the situation allows. The first burden is on the Debtor. They have to prove that the property is necessary for an effective reorganization. This burden is normally easy to meet if the property is important and necessary (like it houses your business or it is your business to lease the property). If you can prove that then the burden shifts to the creditor to...

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Landlord filed for Chapter 11 bankruptcy and claims he cannot pay for maintenance without court authorization. Is this true?

Typically the secured lender has a lien on the rents that come in and therefore the Debtor has to get court authority to use them. The Court routinely grants the Debtor authority to use the rents for the upkeep and maintenance of the collateral. However, please remember you still have your contractual rights as provided in your state. So if the place is uninhabitable you may be able to withhold rent. You need to go speak to a local attorney to figure out your absolute rights.

If a car is 50% in my name, but my daughter uses it, does it count in my exemptions for bankruptcy?

Unfortunately the title usually controls ownership. If you name is on the title then it will be included in your bankruptcy. In Florida you would be out of luck. I would speak to a local attorney about it because California law could differ substantially.

What are the general rules for the waiting period to refile a chapter 11.

As stated above the time period differs depending on if you are a individual or corporation. It also differs depending on what happened in the last case. Was there an order dismissing the case with 180 day language or was it voluntarily dismissed after a motion for relief was filed. You really need to meet with a local bankruptcy attorney and give more specifics. Typically there is no wait period, the question is where or not there is a stay that goes into effect.

Can a Not-For-Profit file for chapter 7 or any other chapter of bankruptcy?

Typically Not-for-Profits can file Chapter 7 or Chapter 11 depending on what they plan to accomplish. Section 109 of the code specifies what can and cannot be a debtor or who can and cannot file Chapter 7. You may want to look for a qualified attorney in your state to look at it closer.