Questions answered by Richard S. Feinsilver

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Chapter 7.

Richard's answer | Answered on August 01, 2011

Any funds held in an ERISA qualified retirement account (such as a Roth IRA) is fully exempt and is beyond the reach of creditors and a bankruptcy...

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I did not reafirm so am, i liabile for the morgage

Richard's answer | Answered on August 01, 2011

Generally, if you do not reaffirm a mortgage, upon the issuance of a discharge in bankruptcy, you are relieved of the obligation on mortgage note,...

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My ex-husband's has filed for Chapter 7 Bankruptcy claiming all of our credit card balances. Do I still owe his creditors?

Richard's answer | Answered on June 21, 2011

You definitely need to seek out an experienced bankruptcy attorney. The issue may not be your exposure on the credit cards but whether or not a...

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Am i responsible for credit card debt issued in my name but never signed for?

Richard's answer | Answered on June 20, 2011

If you believe that you never signed an application, and you did not get any financial benefit from the account (personal or business), you may be...

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Can NYS pensions be garnished to pay a student loan to a private lender which was defaulted due to chaper 14 bankruptcy

Richard's answer | Answered on June 16, 2011

Despite the language contained in Section 523(a)(8), student loans are generally not dischargeable. The only suggestion that I can make would be...

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After a Chap 13, is it necessary to get permission to buy a small boat (@ $900 cash)?

Richard's answer | Answered on March 16, 2011

Your purchase should not violate the terms of your Chapter 13 Plan so long as you are purchasing for cash. You should refer to your confirmed plan...

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Reharding garnishment- If a New York resident makes $240 GROSS per week, what would the garnishent be.

Richard's answer | Answered on March 14, 2011

In NY, the maximum wage assignment is 10% of your gross wages. The $217.50 is only a floor. If you weekly salary exceeds $217.50, 10% of the...

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In ch 7 Bankruptcy, the only property I have is my house which is exempt. so is my case asset or no asset case?

Richard's answer | Answered on March 07, 2011

Whether you realize it or not, you do have other assets. For bankruptcy purposes, all of your personal property, cash, bank accounts, autos, etc...

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CAN IRS TAKE MY FEDERAL REFUND FOR STATE RESTITUTION AND PROBATION FEES OWED

Richard's answer | Answered on March 03, 2011

Your State agency serves the IRS with a levy which they must process. The IRS forwards the refund to the agency and sends you an statement...

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I am on SSI. I owe for a school loan. A collection agency wants to attach my SSI wages. Can they?

Richard's answer | Answered on March 01, 2011

Social Security Benefits are fully exempt and cannot be attached. Please note that if your disability is permanent, in certain circumstances,...

Richard S. Feinsilver's Answers (64)

Chapter 7.

I did not reafirm so am, i liabile for the morgage

My ex-husband's has filed for Chapter 7 Bankruptcy claiming all of our credit card balances. Do I still owe his creditors?

Am i responsible for credit card debt issued in my name but never signed for?

Can NYS pensions be garnished to pay a student loan to a private lender which was defaulted due to chaper 14 bankruptcy

After a Chap 13, is it necessary to get permission to buy a small boat (@ $900 cash)?

Reharding garnishment- If a New York resident makes $240 GROSS per week, what would the garnishent be.

In ch 7 Bankruptcy, the only property I have is my house which is exempt. so is my case asset or no asset case?

CAN IRS TAKE MY FEDERAL REFUND FOR STATE RESTITUTION AND PROBATION FEES OWED

I am on SSI. I owe for a school loan. A collection agency wants to attach my SSI wages. Can they?