Archived
I open my home business last year and did not have a chance to operate , do i need to declare it in filing bankruptcy chapter 7?
Mitchell's answer
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Answered on April 30, 2010
Your trustee has access to public information and more. If the business existed at all, disclose it on the statement of financial affairs. If the...
Archived
Are student loans considered an expense in chapter 13?
Mitchell's answer
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Answered on April 30, 2010
It also depends on who is filing. If only one of you is filing and the loans belong to the other, then yes, it is a legitimate expense. If the...
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Chapter 13 Bankruptcy- Ownership of Investment Property
Mitchell's answer
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Answered on April 30, 2010
It depends on your jurisdiction. Making enough on rent to pay the mortgage, taxes and insurance is only part of the equation. You also have to look...
Archived
I'm in a chapter 13 bankruptcy now by myself and my husband wants a divorce after 5 yrs. of marraige
Mitchell's answer
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Answered on April 30, 2010
I agree with Mr. Tanney. I will add that if you are now separated, talk to an attorney about what the change in income and expenses does to your...
Archived
Listed Doctor bill in a chapter 13. His office staff refuses allow refills on medication. Can they do this?
Mitchell's answer
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Answered on April 30, 2010
Whatever you do, do NOT record the conversation. Doing so may bring criminal charges if you are in a two-party state and do not have permission to...
Archived
If you start making higher IRA contributions right before you file ch13, will they make you stop or lower those contributions?
Mitchell's answer
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Answered on April 30, 2010
You have two issues that need to be addressed. First, the limit for Traditional and Roth IRAs is $5,000 plus a catch up amount if you are over a...
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Archived
Am being sued for 10000 in debt. want to file chapter 13 but dont have the full amount can i pay some and stop from being sued?
Mitchell's answer
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Answered on April 30, 2010
Some attorneys charge less up front and receive the balance through the bankruptcy plan. Ask around if any of the local attorneys accept a Chapter...
Withdraw from chapter 13
Mitchell's answer
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Answered on April 30, 2010
First, check with your attorney (or get one if you do not have one) to see if a hardship discharge is possible or if a conversion to Chapter 7 is...
Archived
If i am discharging income tax with my chapter 7 should i choose a lawyer familiar with both tax debt AND bankruptcy law?
Mitchell's answer
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Answered on April 30, 2010
You want a bankruptcy attorney who is familiar with priority debt. The rules on income taxes are pretty straight forward. If the return has been...
Archived
How to recover garnished wages after filing for Chapter 7
Mitchell's answer
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Answered on April 30, 2010
If the return date (the date that you have to go to court for the garnishment) has not passed, then you need to file the petition and send a...
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