Archived
Bankruptcy. Does New Mexico exemption 4 homestead Only apply 2 residents of NM? I live in CA now and must use NM exemptions.
Mitchell's answer
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Answered on October 10, 2011
exemptionsexpress.com is a terrific site that can answer that question. According to that site, you must be a New Mexico resident. Federal...
Archived
Can a Ch 13 be paid off earlier than 36 months?
Mitchell's answer
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Answered on October 10, 2011
NO WAY. What you have not been told is that is all depends on the jurisdiction. If you pay 100% of the debt, you can pay in less than 36 months....
Archived
Wage garnishment Q. If creditor can only garnish 25%. Does that mean that if addtn'l creditor try to garnish they split the 25%
Mitchell's answer
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Answered on October 10, 2011
The first creditor to garnish gets the maximum. Any additional creditors can collect if there is room left to garnish. If there is no room left,...
Archived
Being Sued/Filing for Bankruptcy
Mitchell's answer
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Answered on October 10, 2011
The system is set up to give everyone their day in court. You will be having a trial and need to be prepared. Make the other side prove everything....
Archived
How do I collect money owed to me?
Mitchell's answer
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Answered on October 10, 2011
If you were an employee, contact the Department of Labor because it violates the Wage and Hour laws. If you are independent contractor, then you...
Archived
Corporate credit card and line of credit debt owed from a dissolved corporation
Mitchell's answer
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Answered on October 10, 2011
Unless you personally guaranteed the debt or co-signed it, the creditors cannot come after you. Corporate debt is not personal debt in that case....
Archived
Bankruptcy question regarding NM homestead exemption. If I am the only 1 living in home do I get to use this exemption in my BK?
Mitchell's answer
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Answered on October 10, 2011
You should talk to a New Mexico attorney. Homestead exemptions typically apply to owning a home (except in Virginia where it is a wild card...
Archived
If supplementary proceedings necessary in fed. court, what does assignee become?
Mitchell's answer
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Answered on October 10, 2011
You can collect as assignee of the original judgment creditor. The only right that you have under that assignment is the right to collect on that...
Can creditors go after my wife's bank account in north carolina?
Mitchell's answer
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Answered on October 10, 2011
If you put money into your wife's account, she can receive a garnishment summons to get the money. If the account is joint, the bank can receive a...
Archived
In chapter 7 what are my rights post petition?
Mitchell's answer
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Answered on October 10, 2011
The only property that you acquire post-petition in a Chapter 7 case that becomes an asset of the estate is anything you become entitled to by...
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