Jordan M. Slattery’s Answers

Jordan M. Slattery

Phoenix Chapter 13 Bankruptcy Attorney.

Contributor Level 8
  1. Would like to know if mortgage company go after my 401(K) loan money I have left in the bank If I file for bankruptcy?

    Answered over 2 years ago.

    1. Marc Gregory Wagman
    2. Jordan M. Slattery
    3. Dorothy G Bunce
    3 lawyer answers

    Once you have filed bankruptcy the bank cannot go after that money. The real problem may be your bankruptcy Trustee. Money in your 401(K) is protected from the Trustee. Once it has hit a bank account it becomes less clear whether that money is still 401(K) money. If the bank account had any other money in it when the distribution hit it is likely that all of the money in the bank account was then un-protected. If you can show that all of the money in that bank account was a result of the...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. Can I convert my chapter 13 case into a chapter 7 if I have filed a chapter 7 and dismissed back in 2005

    Answered over 2 years ago.

    1. Glen Edward Ashman
    2. Eric Charles Lewis
    3. Jordan M. Slattery
    3 lawyer answers

    While you cannot convert to a chapter 7, you may be eligible for a hardship discharge. To qualify you must be able to show that you can't make Chapter 13 payments due to circumstances beyond your control, the Plan cannot be modified to fix the problem, and the creditors must have received as much as they would have in a Chapter 7. This is a complicated issue, so I would suggest consulting an attorney to determine if this is right for your situation.

    1 lawyer agreed with this answer

  3. After my divorce is final my husband plans to file bankruptcy for his debts

    Answered over 2 years ago.

    1. Dorothy G Bunce
    2. Adam Fred Peoples
    3. Jordan M. Slattery
    3 lawyer answers

    Another issue you may want to watch out for is how the debt is handled in the divorce. If the divorce Judge names him responsible for some of the debt and subsequently that creditor pursues you because he is not paying, you may be able to sue him for the amount you had to pay the creditor.

    1 person marked this answer as helpful

  4. Letter to relief from automatic stay in chapter 13

    Answered over 2 years ago.

    1. Mitchell Paul Goldstein
    2. Michael Anthony Cataldo
    3. Jordan M. Slattery
    3 lawyer answers

    A motion for relief from the automatic stay is the creditor's way of getting around the bankruptcy court's protection. They can do this to enforce their state law rights with respect to collateral. It doesn't mean that they can try to collect from you, but generally gives them the right to repossess if it's a car or foreclose if it's a house.

  5. Settling a second and 90 day rule - CH 13 and 11

    Answered over 2 years ago.

    1. Eric M Lee-O'Brien
    2. Michael John Primus
    3. Jordan M. Slattery
    3 lawyer answers

    The question may not be whether or not they are secured, but how secured they are. If there is enough equity over the first mortgage to cover the amount you are paying to the second then you're probably in the clear. If there is no equity over the first mortgage then I would say that payment constitutes a preference, but you can always do a lien strip in Chapter 13 if that is the case.

  6. How long after a repossession of a mobile home before your wages are garnished?

    Answered over 2 years ago.

    1. Lewis Matthew Roberts
    2. Adam Fred Peoples
    3. Jordan M. Slattery
    3 lawyer answers

    You just need to be aware of the benefits and down sides of a potential filing. The big benefit is the bankruptcy prevents the bank from attempting to seek a deficiency on the home. As far as down sides some of the big ones are: (1) You can't file another bankruptcy for a period of time, that time period depends on the type of bankruptcy, (2) your credit will take a hit, and (3) you could end up losing money/property if you have any non-exempt assets.

  7. Car bank won't let me surrender?

    Answered over 2 years ago.

    1. Jordan M. Slattery
    2. Adam Fred Peoples
    3. Robert Ross Weed
    3 lawyer answers

    If you file a Chapter 7 you won't be liable for the debt but the creditor will retain its lien on the car. If the creditor won't take it back after the bankruptcy you can drive it for free.

  8. I filed Chp 7 Bk, Sch C I listed a car, but the loan is not in my name, I make payments to my mom, do I claim that?

    Answered over 2 years ago.

    1. Robert Lloyd Buchler
    2. Dorothy G Bunce
    3. Jordan M. Slattery
    3 lawyer answers

    If you are not on the title you may not have to list the car on schedule B and subsequently exempt it on schedule C. Statement of Financial Affairs question 14 has a spot for property held for another person. If you have enough of an exemption to cover the equity in the car then I would switch the exemption to the appropriate one, otherwise I would pose the argument that the car is not estate property (i.e. it's not your car) so the Trustee cannot attack it.

  9. How can I dismiss an adversary proceeding that I filed after the last date to file a claim, that was based upon fraud.

    Answered over 2 years ago.

    1. Ann Penners Bergen
    2. Jordan M. Slattery
    3. Robert Ross Weed
    3 lawyer answers

    You should stipulate to the non-dischargeability of the portion of the debt that you are settling for. If both parties to the potential adversary proceeding agree the Judge should have no problem approving. The debt will survive the bankruptcy and you will be able to get a judgment later if necessary.

  10. I have a car that I owe 10000 on. Cannot afford to put new transmission it it. What are my options? Filed bankruptcy 4 years ago

    Answered over 2 years ago.

    1. Jordan M. Slattery
    2. Dorothy G Bunce
    2 lawyer answers

    You can surrender the vehicle then file a bankruptcy. The lender will not be able to sue you for any deficiency if the bankruptcy is successful. If the vehicle lender recoups the full $10,000 after selling the vehicle then they won't be able to sue you anyway since their claim will have been paid in full. You may want to wait until the vehicle is repossessed and sold before filing bankruptcy. This way you will know how much debt you are discharging in the bankruptcy.