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Howard Aaron Lazarus
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Howard Lazarus’s Answers

165 total


  • What precntage of income can I give to charity without paying taxes on it

    im looking at a large art sale soon and i would like to start my own non profit rather than pay taxes

    Howard’s Answer

    I agree with Attorneys Fazzio and West. Following their advice, and getting a local attorney or C.P.A. may help you.

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  • Can a creditor who's NY Corp. Registration is terminated maintain a claim in Bankruptcy? Please see explanation below.

    Wells Fargo Dealer Services' - New York Corporate registration was terminated in August of 2011. Can they make a motion for relief from stay or are they barred by NY Business Law § 1312 which says they can't maintain an action or special proceed...

    Howard’s Answer

    I agree with Attorneys Baum and Merrill.

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  • My home was included in a chapter 7 bankruptcy over 3 years ago but the mortgage company ...

    still has not taken the home out of my name. After waiting 3 years since the discharge date I applied for a mortgage only to find out the the clock on requalification would not start until the date the deed is changed. So I may have to wait 7 o...

    Howard’s Answer

    I agree with Attorneys Bunce and Merrill.

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  • In CH13, can we include a stripped of mortgage payment and arrears in Schedule J or the Means Test? Surrendering work the same?

    I want to strip off a second mortgage and abandon a rental property. I was wondering if either of these things can be used to lower my planned payments by getting my disposable income lower and my means test calculation lower?

    Howard’s Answer

    I agree with Attorney Robinson. She seems to have a good beed on your issue.

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  • Can a (medical) sole proprietor become a group to bill other doctors under the sole proprietor's Tax ID? (California)

    We have a doctor in our office. He is a sole proprietor. If we bring other doctors into the office, can they bill with our current Tax ID, or do we have to incorporate or set up a partnership?

    Howard’s Answer

    I agree with Attorney Smith. Another entity type you may consider using is the S corporation.

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  • Should I start an LLC in North Dakota or Minnesota?

    I currently live in Minnesota, but my residency is in North Dakota. I plan to maintain my residency in North Dakota and would like to form an LLC. The work I do is all internet-based - web design and marketing services for private practitioners....

    Howard’s Answer

    The problem with Attorney Burbank's advice is that even if you incorporate in Wyoming you would have to file as a foreign LLC in the state where you actually work. Thus, the first thing you need to do is figure out what state that is. If you would like the help of a Minnesota attorney who has helped others form all types of entities you may call me at 651-434-7590.

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  • What is the criteria for a waiver of the 10% additional taxes on a hardship distribution from my 401K to avoid forclosure?

    I am current in my mortgage payments to date, but have had to borrow money for the last 3 months to pay it.. I have been taking care of a sick relative. Now that he has passed, I am job hunting again, but I am out of options for further payments ...

    Howard’s Answer

    I agree with my colleagues Attorneys Davidoff and Nielsen. If you would like help from a tax attorney/C.P.A. my phone number is 651-434-7590.

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  • How far back does IRS liability go for a surviving spouse go?

    My sister lives in Minnesota and married in December of 2011. She filed 2011 taxes as "Married Filing Seperately". Her husband passed away in November 2012. Upon looking for records to file "Jointly" for 2012 since they were man & wife, she found ...

    Howard’s Answer

    I agree with Attorneys Davidoff and Nielsen. If you would like to talk to a tax attorney I would be obliged to help you. My number is 651-434-7590.

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  • Do i have to pay the trustee money that was repaid to me before someone filed bankruptcy?

    I was repaid money on a loan and apperently the next month that person filed bankruptcy. I have received a letter from the trustee stating that i must pay that amount to the trustee and file against the bankruptcy. The trustee is stating according...

    Howard’s Answer

    I agree with my colleagues, Attorneys Oney and Troutman. What happened when the person who paid you during that 90 day period is that, by paying you and not the bankruptee's other creditors the bankruptee gave preference or favored you over those other creditors. This is against the policy of the bankruptcy law. So, the law gives the trustee the power to get that money that was paid back to the bankruptcy estate.

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  • Can't Refinance 9 yr old loan with Wells Fargo due to loan not reaffirmed in ex-husband's 3yr old Ch7 BK. What are options?

    Ex-husband and i still have my first mortgage in joint name with Wells Fargo. He and I have been separated/divorced 9 years plus. He and his wife lost business and their own house in Ch7 BK 3 years ago. He was willing to streamline refi with me o...

    Howard’s Answer

    You're lucky that Attorney Bunce has given you the answer you need.
    Good luck in finding a good lender.

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