Archived
If I file Chapter 7 Bankruptcy how long will I be under Trustees microscope for depositions after the discharge date.
Scott's answer
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Answered on April 18, 2013
There are very few "depositions" in a bankruptcy case. The Trustee must examine a debtor pursuant to 11 USC §341(a), which takes place about 30...
Archived
Does the entire controversy doctrine in NJ apply to multiple debts with the same loan provider?
Scott's answer
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Answered on April 18, 2013
It might be a good argument if the same lender held the notes at all times. The issue may arise that the second note is not the same agreement or...
Archived
Contributing to an IRA
Scott's answer
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Answered on April 18, 2013
The answer to both is yes. In Chapter 13, regular retirement deposits are acceptable
Archived
Is this taxable?
Scott's answer
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Answered on April 18, 2013
Under the Internal Revenue Code, debts forgiven or discharged outside of bankruptcy are considered to be taxable. The creditor will send you a...
Archived
Chapter 7 Bankruptcy - Foreclosure
Scott's answer
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Answered on April 18, 2013
You can file at any time. Under Chapter 7, the amount of debt owed to creditors is really irrelevant. The issue would be if there was any fraud...
Archived
When an attorney negotiates a debt settlement, does it need to be paid immediately in full?
Scott's answer
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Answered on February 25, 2013
If you are going to settle it and not fight it out - have cash in hand. Creditors will often negotiate, but you need to pay the deal you make. If...
Can a 15 year old judgment be enforced? Is it likely to be?
Scott's answer
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Answered on February 21, 2013
Judgments are valid for 20 year and renewable thereafter. if the judgment is very old, it may not be actively enforced, however if it was...
Archived
Can an appellant in a 3rd District, also file a Motion, should the Motion be filed before or after the Briefs of the appellant?
Scott's answer
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Answered on February 21, 2013
You will need to speak with a bankruptcy attorney in the area who can properly advise you as to how to take an appeal of a bankruptcy matter. The...
Archived
HOA File pre-petion lien Chapter7 . Now HOA want to ORDER VACATING AUTOMATIC STAY and foreclose on property.
Scott's answer
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Answered on February 05, 2013
There are two problems here. The HOA dues from pre-petition are dischargeable, but the lien still remains on the property and will only grow as...
Archived
Should i request a stipulation of dismissal before i pay the settled upon amount?
Scott's answer
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Answered on February 05, 2013
Generally you pay first and THEN get the stipulation and release. I have seen it where the stipulation allows for a later date, but generally...
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