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William P. Turner

William Turner’s Answers

30 total

  • Can I file bankruptcy on umeployment overpayment do to my error

    In 2006 or 2007 Kansas unemployment investigated my place of employment and found that a lot of employees were not reporting all their earnings. I was one of those because of the way we get paid I wasn't claiming my travel time. They went back cle...

    William’s Answer

    It sounds to me like you owe income taxes for unreported income. Some taxes can be discharged in bankruptcy, with the first requirement being the taxes were due more than three years prior to filing bankruptcy. Thus, you should consult with a bankruptcy attorney to determine whether bankruptcy could provide you with some relief.

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  • What is the limit on how many times a person can file bankruptcy and is the a period of time you have to wait between filing

    Ex. I filed about 15 years ago and how can you find out the last time that i filed

    William’s Answer

    The time is measured from filing, or the beginning of the case, to filing. 8 years between Chapter 7s, a 13 may be filed 4 years after a 7, a 7 6 years after a 13. 13 2 years after 13 (which makes no sense, but it is the law!)

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  • He did receive notice on Feb 22. This loan is almost 10 years old and they had not been able to find him until now.

    The total of the loan is $30, 684.00 and they will take 15% every two weeks. He makes approximately $6000.00 at month. He also has not filed taxes federal or state since 2005 and they are now talking levy and garnishment. I guess its whoever ge...

    William’s Answer

    Sounds like someone has unpaid student loans, who is facing aggressive collection action on same. While bankruptcy usually does not discharge student loans, a Chapter 13 could buy some breathing room by imposing a stay on any student loan collection during the bankruptcy. Sounds like "he" might benefit from an initial consultation, likely free, with a bankruptcy attorney.

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  • Can I sign Bankruptcy on just my trucking business and have it not affect my personal credit rating.

    I was leased to a company that took more money than I made seriously and they are saying I still owe them almost 2000.00 more, they also kept my last paycheck. I own my own truck and have had health issues, since purchasing it in August of 12, an...

    William’s Answer

    You would definitely be filing a personal bankruptcy, which will list and address all debts, both personal and business. Your business was not separate from you, and corporations do not receive a discharge in bankruptcy in any case.

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  • Can a 2nd mortgage, that was not reaffirmed with Chpt 7 bankruptcy, foreclose on our home if we are current on our 1st mortgage?

    We filed in 2009, the 1st and 2nd mortgages were not reaffirmed. Our home value, according to county appraisal is $105,000. Our 1st mortgage is right under $80,000 and our 2nd is $42,000. However, if we sold our home, it is very unlikely that we w...

    William’s Answer

    Yes, they can, but it is unlikely they will. Their lien survived your bankruptcy, although by not reaffirming the debt your discharge means you are not personally liable on the debt. If he second forecloses, it would lead to a sheriff's sale, where the first mortgage holder will be bidding the full amount owed to them. The second would have to bid higher, pay off the first in full with hard cold cash, and then try to sell the house for at least more than the first mortgage bid. Foreclosed homes tend to sell for 60-80% of fair market value. So, yes they can foreclose, but they might be bluffing, which in turn may be fair debt collection act violation.

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  • Can I add x"s attorney fee if i decide to file bankruptcy

    on a fixed income SSI serious illness

    William’s Answer

    You must list all debts when you file bankruptcy, so you would list any debt to an attorney for fees. I am not too sure who x"s is, but some attorney are not dischargeable while most are.

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  • Can I keep my car if I file bankruptcy?

    I live in Kansas and I'm thinking about filing bankruptcy, but I'm worried about losing my car. Different people have told me different things about this

    William’s Answer

    In Kansas, you can protect up to $20,000 in equity in a vehicle against a Chapter 7 Trustee. If you owe money on the car, you will have to pay for the car one way or another to keep it.
    Most people who are current on their car loans before they file bankrutpcy are able to keep their cars by continuing to pay for them.

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  • I'm getting mixed signals about whether my Military Disability is usable in a chapter 7 bankruptcy, does anyone know for sure ?

    I receive Social Security and Military Disability and I'm just needing to know if they are usable in filing a Chapter 7. I know Social security is not used and I did not incure any of the debt while in the military, I was discharged in 1971. My ...

    William’s Answer

    • Selected as best answer

    Income from Military Disability will count as income on the means test. Benefits from the Social Security Act are exclued from said income, but military disability, as contrasted with social security disability, is not a a benefit from the Social Security Act. If your wife is 30k above median income, than you are taking the means test in any case.

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  • Do they keep my tax return if I file chapter 7 bankruptcy

    Chapter 7 bankruptcy would it be better to file on January do they keep all my tax return

    William’s Answer

    Kansas does allow you to exempt the portion of your refund that is due to earned income credit. Otherwise, the trustee would be entitled to the majority of your 2012 refunds as you would be filing late in 2012. Kansas trustees often do not take any non-exempt property unless they receive more than $1,000.

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  • I am a 60 % Disabled Vietnam Vet. ready to file Chapter 7 with my wife. Also receive SS. Debt was not incured in service.

    Will I need to include my Military Disability and Soc. Security along with my wife's salary, she makes more than the states median allowed. Everything I've read, says the debt must have accured during some sort of service. For me that was over 4...

    William’s Answer

    Just because your household income puts you above median income, that does not mean you cannot file a 7. Social Security income is not counted; the disability income will be. I doubt the exception for debt incurred while in the service woud apply, but there remains a solid chance you will still qualify for a 7. Clearly, you should meet with an experienced bankruptcy attorney.

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