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Michael John Primus
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Michael Primus’s Answers

359 total


  • Can I file bankruptcy for online personal payday loans.

    Bankruptcy for personal debt, credit cards car loans.

    Michael’s Answer

    The short answer is yes but need to qualify for bankruptcy. Contact a lawyer for more information.

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  • Can i file a motion to strip second mortgage on chapter 13 a year after i filed bankruptcy?

    The property qualifies for lien strip it is just being done one year later. What are the chances of getting accepted.

    Michael’s Answer

    The first question is was the property worth less than what was owed on the first mortgage on the date you filed chapter 13? If the answer is yes, then you will have a couple motions that you need to file before you can file a motion to strip the 2nd mortgage. Generally you will need to file a motion to revest the property and a motion to modify the plan. Chapter 13 is not a DIY project so you should consult an attorney to get these motions filed.

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  • Do I live in the same household as my wife for chapter 7 means test purposes

    Me and my wife recently fell on hard times and in order to find work I had to move to Maryland. My wife has stayed in California at our apartment and will soon be moving in with her daughter. We havent deciced if she is going to move to Maryland y...

    Michael’s Answer

    The short answer is yes, you will qualify as separated for the means test. You do not need to file divorce or legal separation papers to be separated for purposes of the means test.

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  • How do I get tax relief so I can live?

    I owe back taxes, have a payment plan in place with IRS and owe for the following year and I'm paying as much as I can but since the IRS adjusted my current withholdings through my employer I can barely get by. Any help would be so appreciated.

    Michael’s Answer

    Bankruptcy can discharge income taxes and some other types of tax but there are specific rules. The first question is what years do you owe for and did you file tax returns for those years? Were the returns filed when they were due? Generally we get transcripts from the IRS to help answer some of these questions. Many lawyers offer a free consultation which is the best way to get some answers about your taxes.

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  • Bankruptcy questions about attorney fees

    I have been court ordered to pay my ex-wife's family law attorneys fees. Are these dischargeable in bankruptcy?

    Michael’s Answer

    Unfortunately not. The exception to discharge is found in section 523(a)(15) of the bankruptcy code. A bankruptcy can forgive debts to your attorney and in some cases a property settlement obligation. Bankruptcy can also forgive personal loans, credit cards, medical bills and some taxes. Hope this helps.

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  • I'm in consolidation, can I file for chapter 13??

    Having hard time paying thought that chapter 13 will be a big help. For as of mow I'm the only one is working my spouse has a medical problem which prevent her from working.

    Michael’s Answer

    You have a right to bankruptcy but is it right for you? Chapter 13 will usually get you a much lower monthly payment than a consolidation so if you're struggling I suggest you look at chapter 13. The thing to remember is that chapter 13 does not require payment in full of all debts. By reducing the total to be paid, the monthly needed goes down. Hope this helps.

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  • How would I make voluntary payments to a creditor after a Chapter 7 discharge?

    Can I make voluntary payments to a specific creditor after a discharge?

    Michael’s Answer

    Bankruptcy prohibits collection efforts against you. Nothing in bankruptcy prohibits you from voluntarily paying a creditor after bankruptcy. In fact, people commonly repay loans to family and friends after bankruptcy. If the creditor is a financial institution you may need to call to get a payment address.

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  • I was in a chapter 11 that was converted to a chapter 7.

    I am now in chapter 7 and I have assets. I paid 100% of my unsecured creditors. The judge had indicated that once this was done, he would dismiss the chapter 7. Now comes the person that foreclosed on one of my properties. He has file a claim ...

    Michael’s Answer

    You can have standing to object to claims if you have a monetary interest in the outcome. Procedurally, you might ask the trustee to consent to you objecting to the claim but I do not think that's required. Perhaps if you call the situation to the attention of the creditor the claim will be voluntarily withdrawn.

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  • Can you have standing even though Judicial Estoppel was denied?

    Excuse the wording, but if Judicial Estoppel is denied because there was no intent to deceive only ignorance in not knowing a future lawsuit is consider an asset does one still have standing to sue? The injury took place 6 months before Ch 7 was f...

    Michael’s Answer

    The short answer is that the trustee essentially owns the claim. You may be able to claim some part of any recovery exempt (necessity of life) but that depends on many things. The trustee can pursue the claim, settle the claim or decide to let you pursue it. You'll need to communicate with the trustee.

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  • Besides at prenuptial agreement, what other legal or tax considerations should I take before marrying someone after he filed Ch7

    My boyfriend is filing Chapter 7 with his soon-to-be ex-spouse (result of a job loss & house under water). Prior to marriage, I plan to have a prenup (I own my home, am financially stable). Besides a prenup, are there other legal or tax concerns I...

    Michael’s Answer

    Once he receives his discharge, his debts are forgiven! At that point you can get married without fear his debts will come back to haunt you. There are certain debts that are non-dischargeable (child support, spousal support, some tax debt, etc.) which he would still owe. You'll want to understand what the result of his divorce is.

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