Guy Thomas Conti’s Answers

Guy Thomas Conti

Ann Arbor Bankruptcy Attorney.

Contributor Level 9
  1. My Chapter 7 Bankruptcy Was Discharged @ March Of 2012 (It Was Filed In December 2011) Since Then, I Have Had Serious Illnesses

    Answered almost 2 years ago.

    1. Guy Thomas Conti
    2. Gregory Howard Wiley
    3. Gary D. Bollinger
    3 lawyer answers

    There is no way to reopen your case to include these debts in the Chapter 7 discharge. Moreover, you will not be eligible for another discharge in any chapter of bankruptcy for cases filed until December of 2015. That does not mean all is lost! You can file now for Chapter 13 relief (you will not be eligible for discharge) which will allow you to pay what you can afford until December of 2015. When four years have passed from the date of the filing of your Chapter 7 case you can dismiss...

    Selected as best answer

  2. How to respond to Objections to Debtor's Claim to Exemptions by Trustee?

    Answered 8 months ago.

    1. Guy Thomas Conti
    2. John F. Brennan
    3. Richard D. Granvold
    4. Mark E. Bredow
    5. Ethan David Dunn
    6. ···
    8 lawyer answers

    As a general rule, it is never a good strategy to not respond to an adverse motion or objection unless you agree with the relief requested by the mover/objector.

    4 lawyers agreed with this answer

  3. If i play in a poker tournament during a bankruptcy and profit from it will that money be taken by the trustee or is it exempt?

    Answered about 1 year ago.

    1. Guy Thomas Conti
    2. Dorothy G Bunce
    3. Paula Brown Sinclair
    4. Alexander Mchenry Memmen
    4 lawyer answers

    With the exception of proceeds from death or divorce/separation, a Chapter 7 Bankruptcy Estate is created at the moment of the filing of a voluntary petition. Anything won or earned after the filing of the petition belongs to the debtor. In Chapter 13 the winnings would be property of the bankruptcy estate and, to the extent they are disposable income, should be contributed to the Chapter 13 plan.

    3 lawyers agreed with this answer

  4. Does an industrial disability retirement need to be reported while filing for bankruptcy?

    Answered almost 2 years ago.

    1. Manuel Alzamora Juarez
    2. Guy Thomas Conti
    3. Gregory Howard Wiley
    3 lawyer answers

    Yes. All income, assets, expenses and debts must be reported on your statements and schedules. There are no exceptions.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. I( live in a house which is deeded to my son recently received letter from bankruptcy truste stating that I would have to pay

    Answered about 1 year ago.

    1. Guy Thomas Conti
    2. Leonard Roy Boyer
    3. Gary D. Bollinger
    3 lawyer answers

    I am curious how you have dower rights in a house that is titled to your son? When you say you have "liferights" what does that mean? Does it mean you have a deeded life estate? If the house is legally titled to your son, his Chapter 7 Trustee has the right to sell the house if it has any recoverable equity in it. I highly recommend you contact a bankruptcy attorney to represent your interests.

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. Can a company file a lien on home after the debt was discharged in chapter 7 bankruptcy?

    Answered almost 2 years ago.

    1. Guy Thomas Conti
    2. David Hadley Fuller
    3. Raymond Bryan Kidder Jr.
    3 lawyer answers

    If your debt was discharged prior to the lien being filed then the answer is "absolutely not!" The fixing of the lien is an attempt to collect the discharged debt and is a violation of the discharge injunction. Please consult with your bankruptcy attorney as soon as possible.

    4 lawyers agreed with this answer

  7. Can an individual have someone's wages or tax return garnished for nonpayment of a personal loan?

    Answered over 1 year ago.

    1. Guy Thomas Conti
    2. Joshua Blanchard
    3. Matthew Scott Berkus
    4. Dorothy G Bunce
    4 lawyer answers

    Whether someone can garnish your state tax refund is a matter of state law. In Michigan, they can. However, no one can garnish your federal tax return except the federal government, state governments for child support and spousal support, and some other minor exceptions. Of course, if someone obtains a judgment against you and the judgment is not satisfied then, as long as your state permits it, they may garnish your wages. How much they can take also depends on state law but in Michigan...

    2 lawyers agreed with this answer

  8. In state of New Jersey note spouse may be liable for debt of other spouse, specifically necessarily incurred medical bills.

    Answered almost 2 years ago.

    1. Philip D Stern
    2. Guy Thomas Conti
    3. Ivan Raevski
    3 lawyer answers

    This is what the New Jersey Supreme Court had to say about the doctrine: The court recognized marriage as a "shared enterprise and a joint undertaking" that is "akin to a partnership." As a result, the court held that a creditor who provides necessaries to one spouse can assume that the financial resources of both spouses may be used for payment; however, one spouse may only become liable for the debt when the resources of the other spouse who incurred the debt are insufficient.

    2 lawyers agreed with this answer

  9. How long does it take to stop Chapter 13 payments when a conversion to Chapter 7 is filed?

    Answered about 4 years ago.

    1. Guy Thomas Conti
    2. Maureen Andrea Enmark
    3. Shawn Neely Wright
    3 lawyer answers

    At most you should experience only one more deduction and the Trustee will have to return it to you if it does happen. Once the case has converted have your attorney contact the Trustee's office to make sure they will be stopping the wage order.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  10. What happens if i back out of a ch 13 bki had a bk lawyer file a emergency ch 13 im supposed to finish the paper work this week

    Answered almost 2 years ago.

    1. David Patrick Farrell
    2. Guy Thomas Conti
    3. Deborah F Bowinski
    4. Thomas A McAvity
    4 lawyer answers

    Lawyer fees in a Chapter 13 are normally governed by the bankruptcy court. However, if your case is dismissed then whether you have to pay the attorney fees is dependent on the contract you have with your attorney. Outside of bankruptcy, the contract is enforceable under state law in a state court (if it comes to that). You should ask your attorney about the legal effect of dismissing your case. However, you should note that the bankruptcy will still appear on your credit report.

    3 lawyers agreed with this answer

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