Charles Ross Smith III’s Answers

Charles Ross Smith III

Sandusky Chapter 7 Bankruptcy Attorney.

Contributor Level 16
  1. I gambled quite a bit 3-4 months prior to my husband losing his job. Now I have to file for bankruptcy. Will I be ridiculed for

    Answered over 1 year ago.

    1. Charles Ross Smith III
    2. Douglas Beaton
    3. Blake Owen Brewer
    4. Christine B. Adams
    5. Dorothy G Bunce
    6. ···
    8 lawyer answers

    The trustee will definitely not ridicule you at the first meeting of creditors. But the trustee will have question about the loss. You should list the gambling losses in your Statement Of Financial Affairs in a lump sum. The trustee will judge your losses according to the size of your income compared to your debt. The key is to convince the trustee that you really did experience the loss you allege. At the first meeting, you should have a specific list of when and where you lost...

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  2. Can I file bankrupcy chapter 7 by myself? I live in CA. My husband had filed bankrupcy chapter 7 before marriage.

    Answered about 2 years ago.

    1. David Patrick Farrell
    2. Charles Ross Smith III
    3. Paula Brown Sinclair
    4. Derek R. Caldwell
    5. Robert Michael Fox
    6. ···
    6 lawyer answers

    Yes, you can file bankruptcy without your husband filing. But, his income will still be attributed to you. That means that the Bankruptcy Court will consider you "too rich" to file a Chapter 7 Bankruptcy and "discharge" your debt. This is called the "means test." I would be very surprised if that $120k/year doesn't flunk the means test for you, even though it's not yours. It varies by location and family size. However, each of are eligible to file a Chapter 13 Bankruptcy. In this type...

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  3. Does an adversary proceeding filed in a chapter 7 bankruptcy that converts to chapter 13 carry over to the chapter 13?

    Answered over 1 year ago.

    1. Jonathan David Leventhal
    2. Charles Ross Smith III
    3. Stuart Gregory Steingraber
    4. Brad Francis Weil
    5. Justin Drayton Graham
    6. ···
    6 lawyer answers

    The adversary matter will continue. Dischargeability is an issue in 13s also. Be careful! Get an Attorney, now. You can be ordered to pay major attorney fees of the debtor if you are not successful in this action. And it's a tough action to win. Good luck.

    11 lawyers agreed with this answer

  4. Can family court sanctions be write off when file bankruptcy?

    Answered over 1 year ago.

    1. Sandra Maria Nutt
    2. Charles Ross Smith III
    3. Brian Crozier Whitaker
    4. Stuart Gregory Steingraber
    5. Joseph Douglas Nakos
    6. ···
    6 lawyer answers

    No, That kind of debt is non-dischargeable in a Chapter 7 Bankruptcy. However, it can be handled in a Chapter 13 Bankruptcy Plan. You will need an attorney for that project. Good luck.

    11 lawyers agreed with this answer

  5. Can I be held responsible for my brother's hospital bill after he died?

    Answered 4 months ago.

    1. Charles Ross Smith III
    2. Richard Glenn Elie
    3. Tricia Dwyer
    4. Michael J Corbin
    5. John M. DeProspo
    6. ···
    6 lawyer answers

    Short answer, no. Long answer, no. Good luck.

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  6. Can a abstract of judgement be enforced after discharged in chapter 13

    Answered over 1 year ago.

    1. Lauren Ann Rode
    2. Charles Ross Smith III
    3. Robert J Adams Jr.
    4. Maureen Andrea Enmark
    5. Joseph Franklin Pippen Jr.
    5 lawyer answers

    You will need to talk to your Chapter 13 attorney about this problem. But I'll toss in a few clues for you. No, they can not enforce the judgment against you by attaching bank accounts or wages. The debt itself is discharged. However, it remains a lien against certain business property. They could possibly foreclose. However, many lienholders will refuse to foreclose because it's very expensive and there are often other liens ahead of them that make their liens worthless at a...

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  7. How do I deal with back taxes owed on a forgiven debt when we don't have the money to repay?

    Answered about 2 years ago.

    1. Charles Ross Smith III
    2. Linda Simmons Campbell
    2 lawyer answers

    All you need to do is amend that year's taxes with a Form 1040X and attach a Form 982. That will get the alleged taxes forgiven. The taxes must be less than 3 years old to be amended. I am pretty sure that you will meet the simple requirements of Form 982. Look up the forms at www.IRS.gov. Good luck.

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  8. I am filing Chapter 7 bankruptcy. I have taxes for last year, but I did not file taxes for the previous year 2011. I did not

    Answered about 2 years ago.

    1. Charles Ross Smith III
    2. Rex Tran
    3. Sandra Maria Nutt
    3 lawyer answers

    Yes. You can simply write up an Affidavit of No Income. If had some income, but not enough to file on, write an Affidavit of No Filing Requirement. Sign and notarize and you're in business. Good luck.

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  9. Regarding car accident in florida and 401k garnishment

    Answered over 1 year ago.

    1. Peter Walter Weston
    2. Charles Ross Smith III
    3. Christian K. Lassen II
    4. Gerald R Stahl
    5. David A. Papa
    5 lawyer answers

    No. Your 401k is exempt from attachment. Good luck.

    9 lawyers agreed with this answer

  10. Underwater 2nd Mortgage Discharged on Chapter 7 BK here in Miami, Charged Off and sold to a collection Agency, What now?

    Answered almost 2 years ago.

    1. Charles Ross Smith III
    2. Lewis Matthew Roberts
    3. Rex Edward Russo
    4. Mark Hankins
    4 lawyer answers

    Please take careful note: You do not owe the second mortgage any more. Not one penny. That loan was discharged forever in the bankruptcy. However, the mortgage is still on your home, like a great big blanket. Every time that you voluntarily choose to make a payment, you are cutting a piece of that mortgage off, Your best option is to stop payments on the second, if you haven't already. Then you can open negotiations if you wish. Remember, your second mortgage isn't worth very much....

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