Richard George Larsen's Answers

Wage garnishment not stopped after bankruptcy

Reopen your bankruptcy and file a motion to hold the creditor in comtempt for violating your discharge.

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CAN A BANKRUPTCY CASE BE THROWN OUT IF DEBTOR LIED ABOUT OWNING CARS?

Possibly,but it may be difficult. If you can prove that he intentionally concealed the property during the exam, that may be sufficent to deny discharge for concealing property with the intent to hinder and delay creditors. (727(a)(2)(A) of the Bankruptcy Code.) The fact that he disclosed the vehicles in the Bankruptcy takes some of the sting out of your case. You need to file the compaint within 60 days of the creditors meeting. You should consult an experienced bankruptcy litigator soon. This...

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I am enagegd to be married next year if i file for bankruptcy before i marry will it affect my future husband?

If you file a chapter 7 and discharge the debt prior to getting married it should have no effect on your future husbands credit. Whether you are eligible to file reqiures the advice of an attorney after a complete review of your financial situation.

If my husband files ch. 7 for personal debt, how will it effect his LLC and my assets?

Genreally speaking, so long as the assets in question(your cars) have never been in your husband's name those cars are not property of the estate and and need not be scheduled in his case. You should,however, check the titles and be certain prior to filing. As far as the LLC, the assets of the LLC are not proerty of the estate, but your husband's membership interest in the LLC is property of the estate. Therefore to the extent that the trustee could find a purchaser for your husband's interest...

Student loan debt vs. debt to university.

Yes. A debt for unpaid tuition,fees, etc owed directly to the university is not a student loan. As such any statute of limitation applies and those debts are dischargable in bankruptcy.

What's the difference between filing for bankruptcy and getting a charge off if trying to go with a Debt Settlement Company?

If you discharge the debt in a bankruptcy you will have a Federal Court Order as opposed to whatever you may or may not receive from the debt settlement company. You will also not recieve a 1099 if you discharge the debt in bankruptcy,and there will be no negative tax implications. Therefore, unless you have substantial non-exempt assets, the bankruptcy would be the preferred option. Finally, there is no particular agency that governs debt settlement companies(a problem), so the best you can do...