Robert Edward Tardif Jr.’s Answers

Robert Edward Tardif Jr.

Fort Myers Bankruptcy Attorney.

Contributor Level 13
  1. Should I convert from a chapter 13 to a chapter 7?

    Answered almost 2 years ago.

    1. Robert Edward Tardif Jr.
    2. Gregory Howard Wiley
    3. Stephen M Trezza
    4. Wendy Erin Morris
    5. Deborah F Bowinski
    6. ···
    6 lawyer answers

    I don't think you will get any substantive response here to your question as you are being represented by an attorney in your case. The attorney that is in the best position to advise you is the attorney that has been handling your case for 2 years. Perhaps it is best that you sit down with your attorney and ask the specific questions that you need answers to starting with "Am I prevented from converting to Chapter 7?" and "If yes, why?" and "If not, what are the consequences of converting?"

    12 lawyers agreed with this answer

  2. Is the income of dependants or other older children living in my home included when considering Chapter 7 bankruptcy means test?

    Answered almost 2 years ago.

    1. Alan James Brinkmeier
    2. Robert Edward Tardif Jr.
    3. Marc Gregory Wagman
    4. Dorothy G Bunce
    5. Deborah F Bowinski
    5 lawyer answers

    Income for the means test is defined as all income received by the debtor in the six month reporting period, plus any other money paid on a regular basis toward the household expenses of the debtor or his dependents. As any bankruptcy practitioner can attest, you can find a bankruptcy decision on every side of every issue, but my interpretation of the foregoing definition is that the only portion of your childrens' income that you would be required to include in your means test is the total...

    10 lawyers agreed with this answer

  3. Florida Bankruptcy

    Answered almost 2 years ago.

    1. Robert Edward Tardif Jr.
    2. Deborah F Bowinski
    3. Dorothy G Bunce
    3 lawyer answers

    It certainly can affect you if you guaranteed any of the company's debt. Even though it sounds as if you and your ex-husband agreed that he was going to keep the business - and I assume be responsible for all of the debts - you may still have legal responsibility to pay creditors that you may have signed a personal guaranty. If that is the case, and you are forced to pay, you should sit down with a lawyer as agreements made in the context of divorce are generally non-dischargeable between the...

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  4. I filed Bankruptcy in 2010 and in 2011 I went before the Juge. Am I still in a Active Bankruptcy?

    Answered almost 2 years ago.

    1. Robert Edward Tardif Jr.
    2. Howard Aaron Lazarus
    3. Dorothy G Bunce
    4. James Wade Schwitalla
    4 lawyer answers

    If there is no final decree entered in the case then technically the case would still be active. Receiving your discharge is separate from administration of the case by the Trustee. You should contact your attorney or possibly the clerk to find out whether a final decree is entered. If it is then the case is closed.

    7 lawyers agreed with this answer

  5. I'm sued by a credit union for a remaining balance of a foreclosure house in Florida My annual income is $46.000

    Answered almost 2 years ago.

    1. Robert Edward Tardif Jr.
    2. Joshua Eli Adams
    3. Peter Walter Weston
    4. Joseph Lenti II
    5. James Wade Schwitalla
    5 lawyer answers

    Your income level does not necessarily "disqualify" you from being able to file bankruptcy. Median income for household of one in Florida is about $42,000. Even if you exceed that amount it doesn't mean you're disqualified. It just may impact what options you have. In fact, you may have others in your household that will affect your options. If you sit down with an experienced bankruptcy lawyer he/she can run a quick means test to get an idea about whether you are able to do Chapter 7. At...

    7 lawyers agreed with this answer

  6. Can you make yourself insolvent for a 1099-C?

    Answered almost 2 years ago.

    1. Robert Edward Tardif Jr.
    2. Eric Jerome Gold
    2 lawyer answers

    You should review IRS Publication 4681. Here's a link for you - http://www.irs.gov/publications/p4681/ch01.html. As always, a tax professional is your best choice when determining your specific options.

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  7. Can S corp bankruptcy affect only majority shareholder and not minority ones? Majority signed for some debts, others not.

    Answered almost 2 years ago.

    1. Michael Raymond Daymude
    2. Robert Edward Tardif Jr.
    3. Andrew Richard Edward Gale
    3 lawyer answers

    If they are merely shareholders and did not guarantee the debt I do not believe it would be proper for the bank to report against ones who are not obligated. Just so you're clear, just because you have filed bankruptcy doesn't mean the creditor cannot pursue the company if it remains in business. Even if you filed a Chapter 7 for the business it cannot receive a discharge, so it's pointless.

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. My small claims case was dismissed because my CA landlord filed bankruptcy. Where do I turn from here?

    Answered almost 2 years ago.

    1. Robert Edward Tardif Jr.
    2. Adam Jay Jaffe
    3. Stephen M Trezza
    3 lawyer answers

    Once the bankruptcy case is filed it stops your ability to continue to pursue your case. You could pursue your case if the landlord's bankruptcy is dismissed for some reason or if they are denied their discharge. Unfortunately, your remedy right now is to file a proof of claim in the bankruptcy case. Some of the facts you provide may form the basis for you to object to the discharge of some the debt that the landlord may owe, but that involves filing an adversary proceeding. It's something...

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  9. I just fired my lawyer, who filed my bankrucy chapter 13. But I want to continue with chapter 13 . What should do now?

    Answered almost 2 years ago.

    1. Joseph Wrobel
    2. Robert Edward Tardif Jr.
    3. David Hadley Fuller
    4. Wendy Erin Morris
    5. Manuel Alzamora Juarez
    6. ···
    7 lawyer answers

    You are urged not to try to do it yourself - that's for sure. If the case is still pending and you want to get it to confirmation you need to sit down with another attorney ASAP.

    8 lawyers agreed with this answer

  10. Can filing bankruptcy help with an Ins. subrogation claim judgement, if a DWI was involved with the incident?

    Answered almost 2 years ago.

    1. Gregory Howard Wiley
    2. James Lawrence Magazine
    3. Robert Edward Tardif Jr.
    4. Aaron Alan Herbert
    4 lawyer answers

    It may depend. Section 523(a)(9) provides that debts for the "death" or "personal injury" caused by operation of a motor vehicle are non-dischargeable. Therefore, "property damage" may be discharged. Not sure the makeup of the judgment entered in your case, but you may want to sit down with a local bankruptcy lawyer there and discuss your options.

    8 lawyers agreed with this answer