Archived
I'm closing 1 of 2 checking accounts to stop creditor auto withdraws, can I cash it out? Or do I have to put all in the 2nd acct
Derek's answer
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Answered on February 28, 2012
You may be able to close the account and withdraw all the money in it. Whether the trustee will give you a hard time about it depends on what...
Dischargeability of cash advances and lines-of-credit in Chapter 7
Derek's answer
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Answered on February 26, 2012
My colleagues are correct. I would only add that allowing the presumption period to expire then filing does not mean one would be home free, just...
Motion to Reconsider Order of Dismissal Chapter 7
Derek's answer
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Answered on February 24, 2012
Agree with Mr. Walton. Your Motion should look much like this but rather than addressing why the forms were not timely filed or why the filing fee...
Chapter 10 discharge, anyway I could improve it's chances of being approved?
Derek's answer
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Answered on February 24, 2012
This is a military law question completely unrelated to bankruptcy. You may want to consult a JAG officer.
Archived
Will creditor go after my tax refund from Joint Tax Filing after my wife filed bankruptcy?
Derek's answer
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Answered on February 22, 2012
Your wife made this much, much harder by not filing while still single. If she has been making $10k or so for the last few years, she would have...
Archived
What happens to my tax refund if I was dismissed from bankruptcy because I lost my job?
Derek's answer
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Answered on February 21, 2012
I agree with Mr. Walton. Assuming you were actually in a Ch13 rather than a Ch7 and that the Ch13 has been dismissed, your tax refund is yours to...
Archived
Chapter 7
Derek's answer
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Answered on February 20, 2012
Yes, Railroad Retirement Benefits are exempt from the claims of your bankruptcy estate. Properly claiming exemptions can be confusing and the...
Archived
How difficult would it be for me to file for bankruptcy without an attorney?
Derek's answer
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Answered on February 19, 2012
It will be difficult for you to file by yourself and accomplish what you want to accomplish, which seems to be to keep your vehicle. A plain...
Archived
Filing Ch. 7 soon. Gave $4000 gift to daughter 6 months ago.
Derek's answer
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Answered on February 19, 2012
At the very least this gift must be disclosed in your statement of financial affairs along with the date on which it was given. You would also...
Archived
I filed chapter 13 twice in 2008 but they were dismissed. Can I file again?
Derek's answer
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Answered on February 08, 2012
Whether the stay will be in effect depends on when your prior cases were dismissed. If they were both dismissed in 2008, then yes, the stay would...
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