John N Skiba’s Answers

John has answered 80 questions

• I was granted a modification loan @ my the bank? How do I stop the bankruptcy after the modification?

  Asked by a user in Chicago, IL - almost 3 years ago.

  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.

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  1 lawyer agreed with this answer

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

  Asked by a user in Casa Grande, AZ - over 2 years ago.

  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.

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

  Asked by a user in Phoenix, AZ - over 2 years ago.

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

  1 lawyer agreed with this answer

• 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

  Asked by a user in Mesa, AZ - almost 3 years ago.

  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...

  1 lawyer agreed with this answer

• Does cashing out my 401k affect my chapter 7 bankruptcy?

  Asked by a user in Phoenix, AZ - almost 3 years ago.

  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

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

  Asked by a user in Phoenix, AZ - almost 3 years ago.

  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,...

• Filing requirements after the 341 meeting

  Asked by a user in Colorado Springs, CO - over 2 years ago.

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

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• Fraud on bankruptcy with income?

  Asked by a user in Minneapolis, MN - almost 3 years ago.

  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...

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

  Asked by a user in Green Valley, AZ - almost 3 years ago.

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

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

  Asked by a user in Phoenix, AZ - almost 3 years ago.

  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...

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