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Robert J Adams Jr.
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Robert Adams’s Answers

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  • Hello, I have a question about chapter 7 bankruptcy.I wanna know can we claim a kid when I get pregnant after we file bankruptcy

    As my husband's salary is over $75,000 and I dont have a job, so we figured one more household may help a lot, as we do plan to start the family even without bankruptcy issue. So we wonder can we claim one more household when I get pregnant after ...

    Robert’s Answer

    While you can only claim persons born alive you can attach a supplement stating that you are pregnant to overcome the presumptions that you are over limits.

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  • Will a chapter 7 remove a city boot and by me time to come up with the ticket money?

    My boot was not removed even after I notified the city attorney that I was in a bankruptcy

    Robert’s Answer

    The best way to handle a ticket problem even after being booted is a Chapter 13.

    See the attached article.

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  • Wage garnishment in Illinois. if I am sued by more than one company can they both garnish my wages at the same time

    Illinois law says that only 15% of wages can be garnished, is that per company or total at any one time, thank you

    Robert’s Answer

    As the other lawyers said the 2nd judgment creditor has to stand in line until the first judgment is satisfied. However that said most judgment creditors do not file garnishment but rather citations to discover assets. The citation gives the judgment creditor other information such as bank accounts if you have direct deposit. The attached article might give you some insight.

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  • Old credit card debt

    Recently my bank received a citation to discover assets and consequently my accounts got frozen. I was told by the creditor's attorney that this is due to a debt I had with BoA. I believe it is from 2007-2008. Is there a way to find out for sure a...

    Robert’s Answer

    As said the statute of limitation runs for a period of time but is tolled when a law suit is filed. Once the judgment entered it is good for 7 years (and can be renewed). The attached article deals with bank garnishments.

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  • Can Bankruptcy absolve or help me with my debt with DFAS?

    I owe about $45,000 to DFAS, which is now held by a private collector that has a wage garnishment against me. The debt was for paying for school while I was in the military and was not a loan but a scholarship. However I left the military and was ...

    Robert’s Answer

    The primary solution is essentially filing a Chapter 13 for as long as 5 years. The debt will not be discharged but the payment during this period can better fit your budget. Unfortunately interest continues while in a Chapter 13 and payments will be first go against interest and then if above the interest towards the principle.

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  • I would like to know if I can file bankruptcy on my deceased parents home to save it from foreclosure.

    me and my brother remain and the home my b ther eye sight is very bad he been declared legally blind and I'm out work at this moment and someone have purchased the taxes on the home and my husband and brother are the only one with income at this p...

    Robert’s Answer

    The law allows you as heirs to file a Chapter 13 to redeem real estate taxes over a period of time: 3 years to even 5 years.

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  • I am thinking about filing for bankruptcy do I have to give up all my credit cards?

    Im thinking about filing for chapter 7....I also need to keep my car buying one out right or not having one is not option.

    Robert’s Answer

    I agree with the others. I would add even if you fail to list a credit card banks receive notices of everyone filing bankruptcy so a non listed creditor will receive notice. The system works best for individuals when the rules are followed.

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  • The question what is a" motion to tranfer -judgement entered" I don't know what this is or what to do about it,

    I am assuming this is from a cc from about 10 yrs ago from the amount being requested ”

    Robert’s Answer

    It would seem a judgment has been entered against you in one jurisdiction and the creditor is seeking to transfer to a jurisdiction where you reside or have property so it can proceed with collection. You have to address the debt. If you can not handle the debt you may wish to consider your options with a Chapter 7 or Chapter 13. There are many qualified and experienced lawyers on this site who concentrate in Consumer Bankruptcy.

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  • If I do a deed instead of foreclosure on my condo in IL, am I responsible for my second mortgage or is my bank responsible

    I owe more money than the Condo is worth.

    Robert’s Answer

    With a 2nd mortgage you will not be able to negotiate a deed in lieu. Since you seem to be willing to give up the property I would suggest you wait until the mortgagee finishes the foreclosure then file a Chapter 7. The reason you should consider waiting is that you will be responsible for the condo dues until the sheriff's sale. An alternative is to file now and stay in the condo and pay the condo dues while you remain on the premises.

    If, however, you wish to keep the condo if you can eliminate the 2nd mortgage you might consider filing a Chapter 13.

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  • What is the difference between deed in lieu and consent to foreclosure

    Deficiency judgment, how long is the process, what are the consequences

    Robert’s Answer

    A deed in lieu is preferable to a consent foreclosure. A mortgagee will not accept a deed in lieu if there are other liens on the property as they would be liable to such. A deed in lieu prevents a foreclosure judgment on your record.

    If you are agreeable to a consent foreclosure be sure you retain a lawyer to avoid a deficiency judgment.

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