John N Skiba’s Answers

John N Skiba

Mesa Debt Settlement Attorney.

Contributor Level 14
  1. I was granted a modification loan @ my the bank? How do I stop the bankruptcy after the modification?

    Answered almost 4 years ago.

    1. John N Skiba
    2. Marc Gregory Wagman
    3. Theodore John Koban
    3 lawyer answers

    If you no longer want to continue with your Chapter 13 case, then you need to file a motion to dismiss. Generally you have an absolute right to voluntarily dismiss your Chapter 13 case.

    Selected as best answer

  2. What to do if, repeated attempt to contact our bankruptcy attorney failed and still no response from their office.

    Answered over 3 years ago.

    1. John N Skiba
    2. Dorothy G Bunce
    3. Theodore Lyons Araujo
    3 lawyer answers

    Contact the state bar and they will walk you through the process. I would also look into terminating the lawyer and looking for new counsel.

    2 people marked this answer as helpful

  3. Is it permissible to take out a 401K loan after filing Chpt 7 BK but before discharge?

    Answered over 3 years ago.

    1. John N Skiba
    2. Mark Markus
    3. Adam Glenn Schachter
    3 lawyer answers

    You shouldn't have any trouble with this in Arizona.

    1 lawyer agreed with this answer

  4. My wages are being garnished by an ex HOA, can I request a hearing on the grounds that I am the only one working in my household

    Answered almost 4 years ago.

    1. John N Skiba
    2. Matthew M Ellingson
    2 lawyer answers

    In Arizona, the most they can take from your wages is 25% each pay check. You should request a hearing and ask the judge to lower it. Most judges will lower it to 15% if you file an answer and let the judge know it will create a hardship.

    1 lawyer agreed with this answer

  5. Does cashing out my 401k affect my chapter 7 bankruptcy?

    Answered almost 4 years ago.

    1. John N Skiba
    2. Carie Ann Becker
    3. Mitchell Paul Goldstein
    4. Marc Gregory Wagman
    4 lawyer answers

    The safest route to go is to hold off until your case is closed. However, I am of the opinion that these funds are not property of your bankruptcy estate.

    1 lawyer agreed with this answer

  6. Can an apartment garnish my wages in Arizona for unpaid rent and fees for breaking the lease?

    Answered almost 4 years ago.

    1. John N Skiba
    2. Dean David Paolucci
    2 lawyer answers

    In Arizona they must sue you prior to being able to garnish your wages. For a judgment to be proper, they must serve you with notice of the law suit and give you an opportunity to respond. However, if they can show the court that they have made multiple attempts to serve you and have been unable to, the judge may permit them to serve you by publication of the law suit in a newspaper (classified section), which you will surely never see. If you do end up with a garnishment, in Arizona...

    2 people marked this answer as helpful

  7. Filing requirements after the 341 meeting

    Answered over 3 years ago.

    1. John N Skiba
    2. Adam Brooks Arnold
    3. Constance Denise Coleman
    3 lawyer answers

    As you stated, other than the financial management course certificate there are no other filings necessary unless requested by the court or trustee.

    Selected as best answer

  8. Fraud on bankruptcy with income?

    Answered about 4 years ago.

    1. John N Skiba
    2. Stephen Clark Harkess
    3. Mitchell Paul Goldstein
    3 lawyer answers

    Everyone who files for bankruptcy is required to sign those documents attesting that they are truthful. They do so under penalty of perjury. The banakruptcy court and the US Trustee's office takes this very seriously. Sometimes, those filing for bankruptcy will accidentally omit an asset or a debt, and in those cases amendments can be made to made the filing accurate. However, an intention ommission will result in a discharge being denied or worse criminal prosecution.

    Selected as best answer

  9. What do we do now, Our bank account was frozen by a court ordered levy?

    Answered almost 4 years ago.

    1. John N Skiba
    2. Dean David Paolucci
    2 lawyer answers

    You will need to contat the government agency and set up a payment plan. Only then will then will the account be released.

    1 person marked this answer as helpful

  10. How do you determine the "fair market value(less liens and encumbrances) on a home in AZ for a declaration of Homestead?

    Answered almost 4 years ago.

    1. John N Skiba
    2. Theodore John Koban
    2 lawyer answers

    In your situation you have approximately $52,000 in equity in your home. Thus, for your purposes above, your value would be $52,000, which is fully protected because the homestead exemption in Arizona is up to $150,000 in equity.

    1 person marked this answer as helpful