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Matthew Erik Johnson
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Matthew Johnson’s Answers

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  • Can any debt collector freeze funds from your bank?

    I sent a hardship letter to there first attorney and never heard back from them , they then hired another attorney, evidently it went to court and they got a judgement on it and never notified me of any court date whats so ever. So they froze my f...

    Matthew’s Answer

    Typically they cannot "freeze" funds but they can garnish funds by levying a judgement against them.

    If there is a notice issue you can file for bankruptcy and challenge the garnishment in bankruptcy court. Furthermore, if you file within 90 days of the garnishment, you can get those funds back if you can exempt them as property. My advise is to call a bankruptcy attorney IMMEDIATELY and file right away to get those funds back .Filing for bankruptcy is probably the cheaper option between that and challenging the judgment in court.

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  • If I make $55,000 a year can I file Chapter 7 bankruptcy?

    I live in New Jersey and work in New York. I make $55,000 a year. I want to file Chapter 7 bankruptcy. Do I make too much?

    Matthew’s Answer

    As Mr Gambrell stated the answer is "maybe".

    It depends on several factors.

    If you are a single person filing without any dependents, then maybe depending on New Jersey's median income. If you have at least one dependent, then you likely would qualify for Chapter 7, but again this depends on the New Jersey median income, but I suspect it would be at least $60,000 without looking it up.

    If you make too much, you still could qualify but its a long shot. You have to prove your reasonable expenses leave you with NO ability to fund a Chapter 13 payment plan.

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  • What is the Ohio statute concerning joint tenants when the ex-spouse deceases?

    There are no objections from the children of the ex-spouse for me to have complete ownership.

    Matthew’s Answer

    It depends on what type of property ownership you mean. A Joint tenancy with right of survivorship is one where title is held by multiple people. As people pass away, their interest transfers AUTOMATICALLY to the survivors. Once there is a final survivor, the survivor holds the property free and clear. If this is how you hold the property with the ex spouse, then you dont need to do anything, the property will transfer automatically.

    However if the title is tenancy in common, there is no right of survivorship. Therefore, the ex spouse will need to include this as a gift in a Last Will and Testament. If he does not, the property will pass by intestate succession, either to a new spouse, children, or other family members. Ex spouses never have a right to a former spouse's estate absent a will.

    While the survivors (children) could deed you the property after he passes, you will not receive the tax benefit of the step-up in the properties taxable basis. Therefore transfer via will is the best option.

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  • I suspect a trustee "executor" intentions are to rack as much as expenses as possible including excessive legal fees and travel.

    I am suspecting "The executor" of my fathers trust (I am the only trustee beside executor ) is trying to rack as much as possible from the sale of the estate. My initial thoughts are to wait till they present me with the final accounting but my i...

    Matthew’s Answer

    Having an attorney sooner than later is always a good idea. A simple call and/or letter to the executor and/or his attorney to let them know they are being watched by another attorney can help to... grease the wheels on making sure conduct is a little more on the up and up.

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  • My grand baby is in protective service with her aunt, can I file for guardianship if I live in a separate county from baby?

    I am the dad's mom and my son is incarcerated. CPS has the baby (10 months old) with her aunt so they can give her mother a chance to rehabilitate. While I'm all for rehabilitation, the mom is most likely not going to be able to do this. What are ...

    Matthew’s Answer

    You can file a petition for guardianship, however you will definitely need the help of an attorney who does guardianship cases in your area. Most likely the court will order an investigation to do interviews with yourself and the aunt. In the end, the court will decide based on the best interest of the child. Having an attorney is absolutely critical.

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  • My ex filed chapter 7 on the home I was co signed on. Can the mortgage company make me sale my home? What else can I expect?

    We owned two homes. We each took one. She was suppose to have me removed from her loan and hold me harmless per the divorce decree. I have no rights to her home. There is a lot of equity in my home plus it is my only real asset. The mortgage co...

    Matthew’s Answer

    Unfortunately you are in a tough position. Ideally your divorce settlement or order should have included a requirement for each spouse to refinance each separate mortgage to remove the other from the home. Now, since you probably can't do that, you could either (1) refinance yourself to remove her from the mortgage, however she would still be on title, (2) push for a short sale (probably your best option) (3) file for bankruptcy yourself, discharge your wife's home and reaffirm your own.

    Hope t his helps somewhat.

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  • Can I invoke a quite title action in a probate estate case?

    the probate is open for the family estate,I learned there is a cloud on the properties sold to me .A claim has been made that my dad transfered real estate he had no interest in but thought he did.would the assets be awarded by a judge in probate...

    Matthew’s Answer

    If I understand your statement of facts correctly, most likely if pursued the property would be transferred to whomever the beneficiaries are of the actual owner of the property. If your father never actually had title, then he had nothing to transfer. The exception to this now will be an adverse possession case if the facts are sufficient.

    As a result, this is most likely a civil action.

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  • Is a appeal bond required when there is a non monetary judgment due to chapter 7 BK being filed prior to foreclosure

    Filed chapter 7 added home in as unsecured debt prior to foreclosure. First foreclosure was dismissed. Second foreclosure final summary judgment plaintiff won. I am now going to appeal and am wondering if a appellate bond would be required to stay...

    Matthew’s Answer

    In most cases you will need to post the bond.

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  • What happens to a Chapter 13 (full pay) if I file for legal separation?

    My husbands ex wife is now trying to go for more child support (one is turning 18) and post secondary support for the older child. I'm hearing with my income he has the "means" to do this, but it should not include my income. We are considering ...

    Matthew’s Answer

    As the other attorneys mention, you can file for an amended plan using your combined SEPARATE income during the remainder of the plan. Child support should be included as an expense and the new plan payment should be lower to offset the increased cost.

    The issue will be if (1) you now qualify for Chapter 7 and whether it would be beneficial to convert, or (2) if the new plan payment is sufficient to meet all of the Plan Payment requirements (back taxes, mortgage arrears, etc).

    Don't do this alone, find an attorney to help.

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  • Chapter 7 - Southern District of Ohio at Cincinnati - Payment Plan.

    My mother filed a simple Chapter 7 case w/o assets, but was unable to make it to the creditor meeting - which the trustee subsequently filed a motion to dismiss that was granted. On the first case, she opened a payment plan with the clerk on the f...

    Matthew’s Answer

    I agree with the other attorneys. You should be able to file a motion to vacate the dismissal, and then to begin making payments again during the interim.

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