Robert Joseph Warren's Answers

Personal Bankruptcy/Car accident

As long as there was no allegation that the driver at fault was under the influence of alcohol or any other substance at the time of the accident, a discharge in bankruptcy will eliminate the debt.

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Bankruptcy

The commission income does put you above median income and will make you inelegible to file a chapter 7 bankruptcy. It is possible, if you have unusually high medical or other necessary expenses that are recognized in means testing, that you may qualify via the means test, but it is not likely. This extra commission income will put you close to $20,000 over the median, so means testing will be difficult. I generally advise clients with a situation such as yours to simply wait until six...

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Means test chapter 7 bankruptcy, are weekly paycheck deductions included in the means test

Deductions from your paycheck can generally be deducted when conducting an actual means test provided that they are legally required or are specified by the code. Taxes, social security, insurance, and the like may be deducted. Do not, however, confuse deductions allowed in means testing from the determination as to whether you qualify to file a chapter 7 case without regard to means testing. In order to qualify for Chapter 7 without any presumption of abuse or need to go through means...

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What are costs for filing bankruptcy?

Attorney fees for bankruptcy representation vary somewhat depending upon the experience of the attorney and the complexity of the case. You can generally expect to pay between $1300.00 and $1800.00 in attorney's fees for a chapter 7 case. In addition to the fees, you will be required to pay $299.00 for the court's filing fee and approximately $80.00 for both credit counseling and debtor education course fees. If you need credit reports or tax transcripts, additional costs may apply.

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I have zero assets and no job. What happens to the approx. 50 judgments totaling about 100k that are against me?

As the old saying goes, "you can't get blood from a stone." You're creditors are pretty much out of luck right now. Debtor's prison was abolished long ago, so they can't put you in jail for not paying, and there are no assets or wages that can be seized or garnished. They can and likely already have reported the judgments on your credit reports. They can also require that you periodically answer written questions under oath regarding your income or assets, and they can subpoena you to...

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If i am getting sued by a collection company can they sieze any of my personal property?

Assuming that you have not given the creditor a lien on any specific property, Florida law allows a debtor to protect a certain amount of personal property from the claims of creditors. If you own a home in Florida, the protection that you are allowed is $1000.00 per person. In other words, if your belongings are worth $2000.00 you can designate one half of the items as exempt. The other half would be available to creditors to satisfy their judgements and they can obtain a court order for...

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I am going thru a chap 7 bankruptcy and the trustee notified me she is sending out a personal propery appraiser.any suggestions?

I suggest that you be completely honest regarding your possessions. If there are any items of personal property that you neglected to list in your bankruptcy schedules, you should amend the schedules immediately to list those items and provide a fair value. Failure to be truthful, or hiding assets, in a bankruptcy case is a felony offense and the consequences can be severe. Assuming that you did list all of your property, the appraiser will be confirming that. He/she will also be...

Chapter 7 and Earned Income Tax Credit

Yes, Earned Income Tax Credit is exempt in Florida, and you can file your case before receiving it. The tax withholding portion of your refund may or may not be exempt. This will depend on the circumstances of your case and the remaining exemptions available to you. Your question reveals a lack of knowledge of the laws and procedures involved in bankruptcy. Filing a case without expert representation can be a very risky proposition. I would recommend that you retain an experienced and...

Bankruptcymz

No, it is not true. What is true is that if you make over the median income for your household size in your State, you cannot file a Chapter Seven bankruptcy case. The median income numbers are compiled by the U.S. Census Bureau and are published by the U.S. Trustee's office. They can be found at www.usdoj.gov/ust/eo/bapcpa/20081001/bci_data/median_income_table.htm . Even if your income is above the median for your household size, there are factors that may still make you elegible for...

Friend ows on loan.

You may want to file a small claims law suit against your "friend". The Small Claims Rules of Procedure are designed to be user friendly. You can just go to the courthouse and the clerk of the court will provide you with the forms to state your claim and get your suit served on your "friend". The court will likely require that you both sit down with a mediator before trial and the case may get settled with an agreement that requires payments to be made to you on the debt. If the case does...