Archived
My exemption from auto accident does lawyers fees and hospital payments come out of settlement or my exemption money ?
Allen's answer
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Answered on October 31, 2016
Usually, but not always, your attorney will be paid first before any other entity including hospitals or you (amazing how that got set up, right?)....
Archived
How can a prosecutor speak on the behalf of a bankrupt corporation when he is not a bankruptcy court appointed trustee?
Allen's answer
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Answered on October 31, 2016
The Federal Reserve Act..... income tax...... try banking law. And don't forget to stock up on the canned goods!
Archived
How long do personal assets such as vehicles need to be out of my name before I can file a chapter 7 bankruptcy?
Allen's answer
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Answered on October 31, 2016
Yes, you definitely need to talk to an attorney. Much depends on the "local culture" of your Trustees.
Here, if your sons paid for the cars you...
When do I have to report winnings to bankruptcy if I won the lottery
Allen's answer
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Answered on October 31, 2016
Mr. Granvold is correct. As usual.
Lottery winnings only belong to your bankruptcy estate if you had the ticket before you filed.
The 180-day...
My employer is in chapter 11 bankruptcy and owe me a retro check..how long should i expect to wait before get my check?
Allen's answer
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Answered on October 31, 2016
Both attorneys are correct.
Did you file a proof of claim? With no claim filed you will not get paid at all.
Second, it is possible that you...
Archived
Why would the Bankruptcy court schedule a hearing for Motion to Lift Auto. Stay AFTER the case Discharge?
Allen's answer
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Answered on October 28, 2016
It is odd but not unheard of for this type of delay to occur. The stay should have been lifted when your discharge was granted. In any event, you...
Archived
Can my LL evict me if past due monies have been paid or discharged in my bankruptcy; and can my security deposit be returned?
Allen's answer
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Answered on October 28, 2016
Mr. Granvold is correct.
You cannot be made to pay the discharged debt; however, you (presumably) did not file a Motion to Assume the Lease with...
Archived
Can a mortgagee claim late payments on my home loan six months after my Chapter 13 was discharged?
Allen's answer
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Answered on October 28, 2016
This situation is all too common when Chapter 13 Trustees are paying the ongoing mortgage payments.
If the Trustee did not file a Motion to deem...
Will a promotion affect my chapter 7 if it starts after hearing but before close?
Allen's answer
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Answered on October 28, 2016
Mr. Granvold is both correct and thorough.
Your schedules were accurate as filed, including the annotation to your income that requires disclosure...
Archived
Can you file bankruptcy in fl if i have $40,000in the bank that are proceeds from my home sale that i am useing to buy another h
Allen's answer
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Answered on October 24, 2016
Mr. Solomon is correct, and you can probably--almost certainly--use this money as a down payment or complete purchase price of a new home. As he...