Archived
If you have a car that wa included in bankruptcy that you get to keep that had a remaing balance on it, can I get title?
Theodore's answer
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Answered on July 24, 2010
You have to pay the secured loan off before you can get the title and if the loan was cross collateralized you may not get the title even if the...
I purchased a vehicle from a buy here, pay here dealer without permission from the bankruptcy court/trustee.
Theodore's answer
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Answered on July 24, 2010
Do everything in writing. Registration of the vehicle is irrelevant. the issue is that you did not have the legal capacity to sign a contract or...
Can Social Security benefits be taken during Chapter 13
Theodore's answer
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Answered on July 24, 2010
In many districts social security does not have to be reported as income on schedule I so if you get the benefit it may not change you case at all...
Archived
Do I have to include a student loan in a chapter 13 if I am still in school and it is not time to pay it off yet?
Theodore's answer
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Answered on July 24, 2010
All obligations and assets must be included in the Petition.
Archived
Will I prevail, or should i just let it go?
Theodore's answer
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Answered on July 24, 2010
Sounds like you would win the Adversary. Just filing it right away may allow you to gain leverage over the debtor to agree to pay you.
Archived
Can a debt collector garnish, freeze &/or charge my bank account &/or my wages in Texas? if I deposit only my paycheck.
Theodore's answer
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Answered on July 24, 2010
Wages cannot be attached or garnished, except for child support.
Income that is not a wage can be garnished or ordered turned over to a...
Archived
Can request a loan on my 401K 1 day after I file for chapter 13?
Theodore's answer
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Answered on July 24, 2010
You can file a form with the Trustee called an application to incur non-emergency debt. How are you going to py for this loan if you are in a...
Archived
Can I start an online business to earn money when I have a judgment against me?
Theodore's answer
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Answered on July 24, 2010
You can start the business but the accounts are in jeopardy. It is unlikely that they will seek out a paypal account but that could happen. If...
Archived
Can a collections company/credit card company garnish a spouses's wages if they were never on that credit card account?
Theodore's answer
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Answered on July 24, 2010
Florida Statutes, chapter 77 outlines very strict procedures for garnishment. Florida Statutes §222.11 offers a significant exemption to wage...
Archived
What is the proper language that should be used to fill out a DEFENDANT’S ORIGINAL ANSWER, if the charges are not accurate?
Theodore's answer
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Answered on July 24, 2010
The first thing you need to do if and when you get sued is file an Answer. The summons will tell you that you must “appear” by way of an Answer in...
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