Benjamin A. Stolz’s Answers

Benjamin A. Stolz

Dallas Tax Lawyer.

Contributor Level 10
  1. Reaffirmation Debt

    Answered about 3 years ago.

    1. Benjamin A. Stolz
    2. Andrew Daniel Myers
    3. Robert Parkinson Taylor
    3 lawyer answers

    I never second guess the decision of another bankruptcy lawyer, because only he or she has all the facts of your case. I can offer some general information. In many jurisdictions, its not required to reaffirm a real estate debt in order to retain the property. This is not entirely a bad thing. A reaffirmation is voluntary on your part, but the effect of reaffirming the debt is to except in from bankruptcy. In many, if not most, jurisdictions its well settled that a debtor must reaffirm,...

    2 lawyers agreed with this answer

  2. I filed chapter 11 got a discharge and the IRS didn't release its lien and still levied me. What can I do?

    Answered about 3 years ago.

    1. Benjamin A. Stolz
    2. Frank Wei-Hong Chen
    3. Frank R Sariol
    3 lawyer answers

    While property dealt with by the plan may be stripped of the tax lien pursuant to 11 USC § 1141(c), individual debtors often have prepetition property which is excluded from their bankruptcy estates (such as ERISA qualified pension interests, as in Patterson v. Shumate, 504 U.S. 753 (1992)); exempted from their bankruptcy estates (see 11 USC § 522, Bankruptcy Rule 4003, and Taylor v. Freeland, 503 U.S. 638 (1992)); or abandoned by their bankruptcy estates prior to plan confirmation (11 USC §§...

    2 lawyers agreed with this answer

  3. My daughter forged my name to school loan documents several years back. Is there recourse

    Answered 11 days ago.

    1. Matthew Scott Berkus
    2. Dorothy Ann Bartholomew
    3. Michael Glynn Busby Jr.
    4. Shelley Ann Elder
    5. Benjamin A. Stolz
    5 lawyer answers

    I concur with my colleagues on their comments. Our represents student loan borrowers and you should contact a firm that can discuss bankruptcy and undue hardship. No attorney can guarantee success in discharging a student loan in bankruptcy, but the test for undue hardship has elements that may apply to your situation. In addition, a total and permanent disability (TPD) discharge relieves you from having to repay a William D. Ford Federal Direct Loan (Direct Loan) Program loan, Federal...

  4. How much does it typically cost for consultation and advice on LLC issues without existing operating agreement?

    Answered 3 months ago.

    1. Brian Bennett Pastor
    2. Steven John Clausen
    3. Timothy E Fizer
    4. Benjamin A. Stolz
    4 lawyer answers

    Many attorneys, including our firm, offer a short 30-minute consultation at no cost. These initial consultations will usually give you some idea of the cost after the attorney has obtained a more detailed picture. Even without an Operating agreement, the Texas Business Organization Code controls many of the issues you bring up.

  5. Is there a legal way to recover a large charitable donation if the charitable entity did not conduct themselves as promised?

    Answered 3 months ago.

    1. Mark Allen Land
    2. Benjamin A. Stolz
    3. Steven John Clausen
    3 lawyer answers

    I agree with my colleague. In the future, I suggest that you use an attorney familiar with charitable gifts and nonprofit matters to help you plan any significant gift. Restricted and Designated Funds can provide some assurance that the gifts will be used for a particular purpose or NOT used for other purposes as the case may be. For example, donors can make contributions to a church designating how the contribution is to be spent. Such gifts can be for a church-approved building fund,...

  6. Setting up a charity fund for a friend after brain surgery...

    Answered 3 months ago.

    1. Richard Kurt Arbuckle
    2. Robert Wade Lee
    3. Richard Marc Katz
    4. Christian K. Lassen II
    5. Benjamin A. Stolz
    6. ···
    8 lawyer answers

    These days it is not always necessary to setup your own charity to get the job done: First, it is possible to make arrangements with a nonprofit charity that serves families in need or people with your friend's specific medical condition to receive the payments on his behalf. A charity can accept payments in your friend's name and give donors a tax deduction only when the organization provides services that are similar to his own needs. In this way, you avoid the costs in both time and...

  7. Spouse has federal tax lien on property and the liability was incurred during a separation.

    Answered about 3 years ago.

    1. Benjamin A. Stolz
    2. Henry Daniel Lively
    3. Ayuban Antonio Tomas
    3 lawyer answers

    In the community property states, a federal tax lien will always attach to all of the liable spouse’s separate property. Also, the tax lien will always attach to at least the liable spouse’s half interest in community property. Because each spouse has a half interest in community property, a federal tax lien attaches to 50% of all community property in Texas. However, Texas law also allows a creditor to reach 100% of the liable spouse's sole management community property and 100% of joint...

  8. Is a lender required to notify the cosigner that the account is in default?

    Answered about 3 years ago.

    1. Benjamin A. Stolz
    2. Andrea Sheinbein
    3. Joshua P Friedman
    4. Theodore Lyons Araujo
    4 lawyer answers

    I don't believe the lender has any general obligation to contact a co-signor if the the borrower misses a payment. Usually, a concern co-signor would ask the lender to do so. Of course, you will want to get that in writing. As to the last part of your question, the Judge had no authority to alter the contract between you and the creditor. The assumption of that obligation in your divorce is an agreement between you and your ex-husband; it is not binding on the creditor. I would speculate that...

  9. Hello - i received an irs levy for my deceased mother's taxes. what do i need to do?

    Answered about 3 years ago.

    1. Benjamin A. Stolz
    2. Randall S Perrier
    3. Henry Daniel Lively
    4. Eliz C A Johnson
    4 lawyer answers

    I would caution against transferring property or changing the status quo without first obtaining professional guidance or you risk liability to yourself. As a general proposition, collection against assets not controlled by the court is not restricted. Recording a Notice of Federal Tax Lien (NFTL) or other collection action may continue. The IRS should make every effort to work with you to secure payment or returns prior to enforcement. However, that may be little more than a demand for...

  10. Can I protect my 5,000 dollars in my checking/saving account in Chapter 13

    Answered about 3 years ago.

    1. Benjamin A. Stolz
    2. Dorothy G Bunce
    3. Mitchell Paul Goldstein
    4. William Watt Waldner
    4 lawyer answers

    Texas allows debtors to choose between Federal and State exemption schemes. You may not mix the two and if filing jointly (with a spouse) you may double double them. It would be impossible say what you could do or not do with certainty with reviewing all the facts of your case as there may be other considerations that might affect your counsels recommendation to use one scheme or the other. However, as stated by my colleague, filing 13 instead of 7 may allow you to hold on to the cash so long...

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