Archived
I cashed in my 401K to pay off debt but did not pay the IRS fee or tax. Will declaring bankruptcy help with those fees & taxes?
Jonathan's answer
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Answered on November 19, 2013
This may best be answered under tax law. You might want to get the liability to no more than $50,000. Then do an installment payment over 72...
Archived
How to enforce the Fair Debt Collections Act on a debt collector?
Jonathan's answer
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Answered on November 19, 2013
Seems like you have the following violations:
15 USC 1692c(a)(2);
15 USC 1692c(a)(3);
15 USC 1692c(c);
15 USC 1692d - multiple sub parts....
Archived
Would I benefit from filing bankruptcy?
Jonathan's answer
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Answered on November 19, 2013
If you take Alan's advice, which is dead on accurate, you better move quickly. Once your vehicle is sold to a bona fide purchaser for value, you...
Archived
If you owe a lot in credit card debt and know you have to be on disability do you have to file 13 or can they take action on you
Jonathan's answer
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Answered on November 18, 2013
In New Jersey, disability is exempt from garnishment. But you need to check your Arkansas exemption statute. I would go to l local bankruptcy...
Archived
Our bankruptcy attorney didn't file a reaffirmation for our mortgage lender. The attorney has been disbarred, now what?
Jonathan's answer
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Answered on November 18, 2013
As a further response to Alan's excellent post, 11USC 362(h) merely requires a chapter 7 debtor to reaffirm personal property to keep it. There is...
Archived
Bankruptcy - is Bankruptcy discrimination regarding hiring by private employers allowed in New York City?
Jonathan's answer
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Answered on November 18, 2013
11 USC 525(b) provides that a private employer cannot terminate or discriminate against you. Notice that I said "private employer". A government...
Archived
My only income is SS, and a state pension. I am 66 and live in NJ.Is my income subject to garnishment? Should I file for Ch 7?
Jonathan's answer
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Answered on November 18, 2013
You may qualify under IRS guidelines to have your taxes classified under CNC status, meaning currently non-collectible. This means that although...
Archived
I consigned a student loan because someone else couldn't. The loan is delinquent and she's now getting married.
Jonathan's answer
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Answered on November 18, 2013
Student loans are dischargeable in bankruptcy under limited circumstances. In New Jersey, bankruptcy courts follow In re Faish. This case holds...
Chapter 7 discharged my school tuition balance, now I want to go back to that school and they want me to pay the balance?
Jonathan's answer
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Answered on November 16, 2013
To discharge a student loan, you must first file an adversary proceeding, which is a lawsuit within the bankruptcy court. Your attorney should have...
Archived
Can a collections lien be placed on a permanent disability payment?
Jonathan's answer
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Answered on October 12, 2013
If your bank account gets levied, you are allowed to exempt the first $1,000.00 in your bank account. You would go to the Superior Court of your...
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