Archived
In NC, can property be awarded through ED if Chapter 7 is filed? Will Chapter 7 protect 401k and prevent having to pay alimony?
Derek's answer
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Answered on February 07, 2015
Qualified IRAs and 401ks are completely exempt in NC and Equitable distribution issues are not discharged in a Ch7. So if the wife files a ch7 it...
Archived
I completed paying my Chapter 13 BK on 12/2/14, 6 months early.
Derek's answer
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Answered on February 07, 2015
They have to audit your case and all cases to make sure that everything that needs to be paid has been paid. Other reason the trustee is auditing...
Archived
Should I include all my live-in partners (not maried)income or just the contribution he makes to monthly expenses in filing Ch7?
Derek's answer
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Answered on February 07, 2015
I think the way you are doing it is fine and would be what I advise my clients to do.
If I file a Chapter 7 bankruptcy, can I keep my online Paypal account if I reaffirm my Paypal credit card?
Derek's answer
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Answered on February 07, 2015
I agree with my colleagues. Reaffirmation of unsecured debt is generally a very bad idea and could very well constitute malpractice if your...
Can I have a federal restitution wage garnishment stopped? And if so what are my options other than bankruptcy?
Derek's answer
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Answered on February 07, 2015
Mr. Harrell is correct that you can get the restitution paid back over 5 years through a Ch13 and that the debt is very likely not dischargeable in...
Archived
How long must I pay chapter 13?
Derek's answer
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Answered on February 06, 2015
I am sorry that your attorney is not giving you an answer in a timely fashion, but he or she is the person who can answer this question with any...
Archived
How do I file for bankruptcy
Derek's answer
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Answered on February 06, 2015
Ms. Coleman is correct. There is no legal requirement that you retain an attorney to help you file bankruptcy but given your question, I think it...
Archived
Tenant filed chapt7. in another state to avoid being evicted. Has no lease and paid 0 to date.
Derek's answer
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Answered on February 05, 2015
Unfortunately, you will need to file a motion for relief from the automatic stay. You could also object to venue in New York if you know for a tact...
Archived
Do you have to file 982 for a 1099 A ? House was in California BK. CH. 7 in 2009 just received 1099 A”
Derek's answer
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Answered on February 05, 2015
Do you have to file the form 982? Probably not, but what harm would it do? It is a simple form and may help you avoid having to have any extra...
Archived
I filed a Chapter 7 and was discharged last May. I was wondering if I can file A Chapter 13 now.
Derek's answer
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Answered on February 05, 2015
Yes you can file but you will not be eligible for a discharge of your current obligations. Whether your creditors will be willing to renegotiate...
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