Archived
How are pension funds treated Chapter 7 TN bankruptcy?
Are pension funds protected from creditors for a Chapter 7 Bankruptcy?
Derek's answer
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Answered on June 04, 2015
ERISA qualified pension and retirement plans are fully exempt under federal law, but it would be a very good idea to take any documents relating to...
Archived
Bankruptcy chapter 7 in CA. State BOE did audit on my biz. Say I owe sales tax $. Possible to discharge in chapter 7?
Derek's answer
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Answered on June 04, 2015
No sales taxes and other "trust fund taxes" are non-dischargeable in bankruptcy.
I have a chapter seven issue with poor record keeping. The records of my investments were held by the same individual who
Derek's answer
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Answered on June 04, 2015
While good record keeping is important, the fact that these records relate to a loan 7 years ago. . . suffice to say, I do not think this will be a...
Archived
In a chapter 13 ocwen failed to notify court of mortgage change
Derek's answer
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Answered on June 03, 2015
In addition to what Mr. Gambrell correctly pointed out, some states have laws that address what happens if a creditor does not comply with required...
Archived
If I just purchased a car can I file chapter 7 bankruptcy and reaffirm on the car?
Derek's answer
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Answered on June 02, 2015
Yes, you can probably keep your car. May depend on how much equity you have in your car and whether that equity can be exempted in TN or not....
Archived
Bankruptcy trust
Derek's answer
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Answered on June 02, 2015
Ms. Bunce is correct. The trust cannot be a debtor in Ch13. It could be a debtor in Ch11, but not 13. You really need to speak with local...
Archived
How long will it take to get a discharge from the court?
Derek's answer
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Answered on June 02, 2015
You need to make sure your financial management course certificate has been filed and you will need to file the required certification regarding...
Archived
2nd and 3rd Mortgage (home equity loans) included in the Chapter 13 filing
Derek's answer
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Answered on June 02, 2015
You will have to file a motion and get the judge to sign an order stripping the 3rd mortgage. It does not happen automatically. If the 3rd is...
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Archived
Should you file Chapter 7 or 13 if you want to keep your home.
Derek's answer
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Answered on June 02, 2015
The homestead exemption is $35k and if you claim the full $35k there is no wild card available to be used. If the debtor formerly owed the house...
Archived
If I owe my landlord on a recent judgment of 20k for back rent and legal fees, will my chapter seven be dismissed for bad faith?
Derek's answer
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Answered on June 01, 2015
It is possible that, if this debt is your only debt, that your Ch7 could be dismissed but it is, am my colleagues indicate, relatively unlikely. ...
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