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Matthew Erik Johnson
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Matthew Johnson’s Answers

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  • In Chapter 13, Bank transfered the claim (Mortage) to another bank . The outgoing bank did not subtract arrears already paid.

    We see now that the new bank/servicer started the claim over, and acutally added $4400. Then we brought this up with the Trustee and there was a math change to the accounting - $3800 ( I printed proof of this change from previous date to now). I...

    Matthew’s Answer

    One question is whether the bank transferred the debt to a new bank during the Chapter 13 plan... which isn't clear in the fact pattern. With the arrears being paid through the plan, the accounting should be fairly simple if the total amount due was paid. At that point its an issue of the trustee making sure the proper party is being paid.

    I agree with the others that you definitely want to have an experienced attorney help you with this. Reconciling payments between mortgage companies can be tough, takes a lot of accounting, and is tedious. Most attorneys are willing to assist other attorneys. Your local bar may also be able to introduce you to someone. Best to go through something like this carefully with someone who can do it faster and more accurately. As long as you have bank statements showing the payments you shouldn't need to document individually every single payment, though it helps.

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  • Court "late fee" (ticket paid) of $50 sent to collections. Chapter 7 discharged 6 mos later. Do I owe the collections agency?

    I paid my ticket by drop box after the district court office closed in January, 2010 and as a result, received a $52.00 late fee. This late fee was then sent to collections. Chapter 7 was discharged in October, 2010. Credit report shows I owe $0...

    Matthew’s Answer

    Unfortunately you cannot discharge parking tickets in a Chapter 7 bankruptcy. However, you can discharge tickets through a Chapter 13 bankruptcy. That being said, depending on your situation, it may not be financially worthwhile to switch to a Chapter 13 solely due to a traffic ticket.

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  • Can a creditor hold my husband indebted to my debt which occurred prior to our marriage through an AP Judgment?

    I am being sued through a Adversary Proceeding and they have included my husband, but this was my debt 5 years before we were married. We have been married for 2 years. We did file BK7 together. In the complaint this statement is includ...

    Matthew’s Answer

    I disagree with both responses. The community property interest of either spouse can be liable for debts incurred either during OR before the marriage went into effect. Therefore, in order to collect on community property of the marriage, the creditor is required to list the non-debtor spouse as a party and effect the judgment against them as well, even if the non-debtor spouse married into the debt.

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  • If my husband dies without a will can his two grown children from another marriage make me sell and take part of what we owned

    I have been married for 37yrs and everything we own is in both of our names. I have one child from another marriage and my husband has two children from his first marriage. If one of us dies without a will can the children take part of what we o...

    Matthew’s Answer

    They can only potentially petition for a portion of his estate, which will be based on TN law. However, challenging this in probate is expensive and unnecessary since you can develop an estate plan for between $500 and $4,000. Defending a lawsuit could take well over $10k at the absolute minimum. Therefore it is very important for him to develop an estate plan to control how his assets will be divided. Absent an estate plan, you are looking at a potential expensive lawsuit and draining of his estate - which helps nobody.

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  • If my 15 yr old had been living with me up until 6 mos ago...can she make the sound decision to move back home?

    She made the decision to move to florida with her dad..did good in school and has really matured. She wants to stay with me as i have her now for summer. We have joint custody. He is threatening to come get her. What are my options? Is she old...

    Matthew’s Answer

    Your option is to petition the family court in your area to amend your parenting plan and set primary custody in LA. If she is under 18 years old, she has no direct say in where she lives. She can express these desires through a court appointed investigator or psychologist, but thats it.

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  • What does Rhode Island require for "value at date of death" form 100A Part 7 line 1, and what documentation is required?

    My father passed in January 2014. I am executor of the estate and am looking at the form 100A Estate Tax. How is the amount for Part 7 line 1, "value at date of death" arrived at? I have seen opinions from different sources saying the town...

    Matthew’s Answer

    If this is approaching the limit, stop and hire a CPA. I cannot stress enough that if the estate is that large, you can afford a CPA and you will save both time, money, and potential liability down the road. A qualified CPA will save you many times more what you would spend.

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  • My mom passed away and I'm the beneficiary on the annuity. This annuity is not part of the will. I'm opting for a lump sum.

    I understand that PA has an inheritance tax. If a will is not being probated, how do I pay the inheritance tax? Will the state contact me or do I need to initiate the process? She was a PA resident when she passes away. Thanks.

    Matthew’s Answer

    The inheritance tax will likely only apply if your mother's estate was over the exemption limit, which is usually about $2 million or more in most states. I am not certain of what the exemption limit in PA is. Discuss your plan with a Certified Financial Planner (CFP) first, as well as a Certified Public Accountant (CPA) to determine what the monetary and tax consequences will be.

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  • Why would a lender re-appoint a successor trustee simply because the lenders name has change a little?

    I am requesting some information from my lender, of my home loan, and they had appointed a law firm the successor trustee and then appointed the law firm again two years later. When questions were raised about this the reasoning that was given is...

    Matthew’s Answer

    How they appoint a successor trustee depends on the wording of the original contract which you signed. Absent specific restrictions, a trustee need only sign a transfer and release document and file it with the secretary of state.

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  • If my wife and I are named as grantors on appointment for a successor trustee should we be required to sign?

    My lender, for my home loan, file an appointment for a successor trustee for the deed of trust. The application for the appointment has my lender, my wife, and myself all as the grantors and the law firm that lender wanted to appoint as the grant...

    Matthew’s Answer

    In most states, if you are married, both spouses will be required to sign all transfer of rights documents - including but not limited to deeds of trust.

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  • Withholding pay

    I have turned in notice over a month ago to my current employer and will be finishing out officially this week. Payroll is already 3 weeks out. He informs me today .. payroll was due Friday and it is the following Tuesday ... that he is holding...

    Matthew’s Answer

    He is not permitted to hold pay, period. If he has problems with you keeping equipment or keys, his resolution is to file a lawsuit, not to keep your wages. Nor is he permitted to not pay you until clerical errors are fixed, if you worked X hours, you are entitled to X hours.

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