Stuart Alan Young’s Answers

Stuart Alan Young

West Palm Beach Bankruptcy Attorney.

Contributor Level 8
  1. Objection to Claim and Certificate of service of Court generated hearing

    Answered 8 months ago.

    1. Lewis Matthew Roberts
    2. Richard Allan Heller
    3. Shaye Larkin
    4. Stuart Alan Young
    5. Timothy J Sierra
    6. ···
    6 lawyer answers

    Well there are things that could have done better in your case. You really would have wanted the student loans to get paid in your plan since it would stop the interest. This is important to you since the student loan debts will not otherwise be discharged. You could have filed a timely claim for Sallie Mae or you could have filed a motion to allow a "late-filed" claim. Since you are so late into your plan, I can't think of anyone around this issue for you.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. Is Life Insurance with "Cash Value" exempt from a Chapter 7 Bankruptcy in Florida?

    Answered 12 months ago.

    1. Earl David Maxwell
    2. Dorothy G Bunce
    3. Stuart Alan Young
    4. Christian K. Lassen II
    5. Christine B. Adams
    6. ···
    6 lawyer answers

    Florida Statute 222.14 would allow you to exempt the cash value of your life insurance policy if you own the policy (on your own life). Some people take out life insurance for, say, their kids. In that situation, where you own an insurance policy insuring another's life (other than your own) then the insurance cash value is not exempt and is viewed as a non-exempt investment. Thus, you lose the cash value. You may want to visit my website at www.ybplaw.com which will address that very same...

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  3. Can a boat be classified as personal residence and subject to exemption under Florida bankruptcy law?

    Answered about 2 years ago.

    1. Richard Allan Heller
    2. T. Eileen Dolaghan
    3. Jeffrey David Solomon
    4. Stuart Alan Young
    5. Michael John Sheridan
    6. ···
    6 lawyer answers

    i have had success in exempting a boat as a debtor's homestead in the Southern District of Fl. Our state's homestead laws are to be liberally construed and, in fact, are. I would prefer that the boat be docked, that a debtor have a FL Driver's license registered at the dock and have other indicia of residency but I think that in this case it would be quite possible. Indeed, there is at least 1 reported decision allowing a boat to be a debtor's homestead.

    1 lawyer agreed with this answer

  4. If I stop paying my credit cards, can they take money from my Social Security or my Retirement Pension?

    Answered about 4 years ago.

    1. Stuart Alan Young
    1 lawyer answer

    You should be relieved to know that your social security payments and pension money are all fully protected under Florida law. However, your savings account is not. Still, in Florida, creditors (people to whom you owe money) must sue you first and get a judgment before they can take your money. Creditors can however call you daily, write to you and eventually sue you. If you have a bank account where you also owe money, (i.e. you may keep your money in Chase bank and also have a Chase mortgage,...

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  5. Medical bill dispute. options?

    Answered over 4 years ago.

    1. Stuart Alan Young
    2. Theodore Lyons Araujo
    3. Andrew Daniel Myers
    3 lawyer answers

    You have no protection if you make $100 monthly payments unless the collection agency is willing to accept that. They have every right to sue you and you have every right to discharge the debt in bankruptcy. Obviously, cooler heads can prevail though. Perhaps you can work out an amicable repayment arrangement but your collection company is not making things easy. IF they file suit against you, then you will meet with a court mediator which will try to talk some sense into that agency and you...

    1 person marked this answer as helpful

  6. Am I too far along in process for a attorney to help me?

    Answered over 4 years ago.

    1. Stuart Alan Young
    2. Shaun Amarnani
    3. Ayuban Antonio Tomas
    3 lawyer answers

    You can certainly file for bankruptcy protection at any time before the actual sale date of the home. Of course, if your intent is to save your home from foreclosure then as each month goes by, the amount of money that you owe in terms of back payments (arrearages) increases making it more difficult to catch up on your payments. Chapter 13 would be a good option to explore because it would give you up to 5 years to catch up on the accumulated back payments on the mortgages and the attorney...

    1 person marked this answer as helpful

  7. Can debtors pursue us if we close the s-corporation down.

    Answered over 4 years ago.

    1. Blaise E. Picchi
    2. Stuart Alan Young
    3. Leah Larkin Dixon
    3 lawyer answers

    If there are no personal guarantees then no individual would have to file bankruptcy BUT, in my experience, there are always personal guarantees for a small companies principals. I assume that your comapny is not IBM or AMEX so I think that, in the future, you will have to personally seek bankruptcy protection when they come after you.

    1 person marked this answer as helpful

  8. Bankruptcy and Debt

    Answered over 5 years ago.

    1. Stuart Alan Young
    1 lawyer answer

    You are correct! Your military retirement, VA Disability payments and IRA's are all completely protected. Actually your IRA will be protected up to one million dollars in value only. Unfortunately you pledged your home as a second mortgage to the SBA. If you don't pay that loan then your home would be in jeopardy of foreclosure but if you filed chapter 13 then your second mortgage which may be totally unsecured, can be stripped off as a mortgage on your home, treated as an unsecured debt...

    1 person marked this answer as helpful

  9. How bankruptcy affects my life? What happen to me after 7 years?

    Answered about 3 years ago.

    1. Stuart Alan Young
    2. Eric Charles Lewis
    3. Theodore Lyons Araujo
    4. Pierre George Basmaji
    4 lawyer answers

    Bankruptcy will remain on your credit report for 10 years, however the actual effects don't have to last that long. You will find that after your discharge (approximately 4 months after filing in chapter 7, longer in chapter 13) you will be easily able to get secured credit cards from such companies as Orchard bank and Capital One, among others. Put a deposit into these banks and charge no more than one third of the limit. Pay the balance in full every month and after 1 year they will...

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  10. I have been paying on a jugdgement every month since 1995. Now I am unemployed.I can't pay. what can I do ?

    Answered about 2 years ago.

    1. Robert Jason De Groot
    2. Stuart Alan Young
    3. Robert A. Stumpf
    3 lawyer answers

    Unfortunately, you CANNOT discharge a drunk driving related debt in bankruptcy so bankruptcy will not help you deal with that problem. If, though, someone else was driving drunk in your car d and you got sued for allowing the person to use your car then that would be an exception. Doesn't happen often, though. If this is the main reason that you are filing then don't do this. Of course, denial of discharge of a drunk driving debt is not automatic and the injured party or the insurance company...