Archived
If I add my social security disability overpayment to my bankruptcy would that hinder my applying for social security retirement
Robert's answer
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Answered on July 08, 2015
First, Social Security, you may be able to file a request for a waiver of the over payment with the SSA. In layman's terms, you must establish...
Archived
Do I need to serve my creditors and provide proof of service when I left them off Schedule F but included on Matrix?
Robert's answer
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Answered on July 08, 2015
Mr. Harrell is right about the service and the fee. The bankruptcy court clerks in both the Southern District and the Northern District of our...
Archived
What are the chances of having my student loan debt discharged or reduced in an adversary pleading?
Robert's answer
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Answered on July 08, 2015
Obtaining a discharge of student loans is very difficult. Because the federal student loans offer people the opportunity to participate in the...
Archived
Can I reopen a bankruptcy case that was discharged several years ago?
Robert's answer
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Answered on July 08, 2015
Some judges have denied motions to reopen several years later on the grounds of laches. Laches is used to preclude a legal right or claim will not...
In bankruptcy can civil service retirement benefits be garnished / declared as income or are they exempt?
Robert's answer
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Answered on July 07, 2015
The answer depends upon whether you file under chapter 7 or chapter 13. If a chapter 13 is filed, all future disposable income is considered...
Archived
Change in trustee while chp13 bankruptcy is almost complete, need advise CA attorneys!
Robert's answer
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Answered on July 07, 2015
Mr. Shields is right. One of my former partners is now the trustee in Alexandria, Louisiana. As I understand, the prior trustee simply decided to...
Archived
If your going from a chapter 13 to a 7 can you ?
Robert's answer
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Answered on July 07, 2015
The only way you can force a creditor to accept less than the payoff is to file a motion to redeem for value. If the court sets the value for...
Are there any exceptions to the 910 (auto) cram-down rule if the vehicle was purchased for my wife, a non-debtor?
Robert's answer
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Answered on July 07, 2015
That argument has been made before a number of the courts around the country. The majority rule is that the purchase of the vehicle for the...
Archived
How would I answer a Final Fee Application letter from bankruptcy court?
Robert's answer
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Answered on July 07, 2015
Normally, if a fee application is being filed, the application is being filed by a chapter 11 debtor's attorney or the attorney for the chapter 7...
Archived
My spouse and I file for bankruptcy prior to getting married, neither one has been confirmed, yet,
Robert's answer
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Answered on July 07, 2015
You cannot consolidate the two cases if you were not married at the time each bankruptcy petition was filed. You can file a motion dismiss and...
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