Archived
I am disabled. I have a claim for personal injury that I won. Is this income or just an asset for Ch13 bankruptcy?
Derek's answer
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Answered on February 20, 2015
Whether this award is an asset of your estate or is fully exempt or somewhere in between is a matter of state law and state exemption allowances. ...
Archived
How can I force a trustee to finush my case.
Derek's answer
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Answered on February 19, 2015
Unfortunately, there is no way I know of to force a trustee to move forward with administering an asset. It certainly seems reasonable to assume...
Archived
If my wife and I earn less per month over the latest six months than the means test amount for our state and county, do we need
Derek's answer
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Answered on February 19, 2015
No. If you are below the median income for the 6 months prior to filing, not including the month you file, you do not need to do the remaining...
Archived
Can I file a Chapter 13 to assist with un suspending my plates for toll charges.
Derek's answer
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Answered on February 19, 2015
Yes, you will need to provide for some payment of the toll charges and penalties in your plan. I strongly recommend you speak with a local...
Archived
We are on a 100% payment plan ch13. We filed in June 2012. Can we pay off the remainder to complete our bankruptcy early?
Derek's answer
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Answered on February 19, 2015
Mr. DeMarco is correct. The layoff could well be a basis for modifying your plan payment and reducing the amount paid to your unsecured creditors, ...
Archived
My Chapter 7 was discharged in November 2013 and shows a termination date of May 21,2014. What does the termination date mean?
Derek's answer
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Answered on February 19, 2015
It is probably just the date that the clerk's office got around to formally closing your case. It should not make any difference to your discharge...
Archived
Can I surrender my car back to the car lot I purchased it from? I filed Ch 13 last year (2014) in June-July.
Derek's answer
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Answered on February 19, 2015
Did you buy the car before or after you filed Ch13? Makes a big difference. If you bought it before, you could modify your plan to surrender the...
Archived
If I file chapter 7 bankruptcy and am joint on my husband's bank account, can he remove me before I file bankruptcy?
Derek's answer
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Answered on February 18, 2015
To avoid possible issues with allegations of a fraudulent transfer if you remove your name from your joint bank account, if the banks would allow...
Archived
Chapter 7 in Colorado previous filer in 1997
Derek's answer
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Answered on February 18, 2015
I agree that it is worth exploring whether it would benefit you to file in FL prior to moving, one of the things you should ask is whether the...
Archived
How do I file for homestead deed
Derek's answer
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Answered on February 16, 2015
We do not have anything called a homestead deed in NC. They do in other states, but not here in NC. If you file a bankruptcy, you can claim an...
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