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Janet M. Ziulkowski
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Janet Ziulkowski’s Answers

14 total


  • What could change in my custody agreement if i have lost my job?

    We have joint custody. I have the kids most days and he pays 100 per week in child support. I just recently lost my job and we will be moving in my boyfriend.

    Janet’s Answer

    With loss of income, you can file a petition with friend of the court to review the matter and you may be awarded additional child support. However, the issue of moving in with your boyfriend could result in the children's father filing a motion to change custody for circumstances. You should talk to an attorney. Good luck

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  • Bankruptcy as a newly wed

    I am newly married and I am considering filing bankruptcy for myself. My unsecured debt is approximately $40k, I have a upside down car loan (Owe $19k worth about $9k) at a 21.5% APR which my father cosigned on. My credit scores are in the high 40...

    Janet’s Answer

    Because you are married, your wife's income will be part of the calculation regarding which chapter you qualify. However, she does not necessarily have to file with you, provided she does not have significant debts. Also, assuming all of your debt was acquired prior to marriage, if your wife did not benefit from the debt, you may be able to successfully file a motion to exclude her income from contribution to the plan, if the household income requires a chapter 13 filing. You should speak with an experienced bankruptcy attorney. One who specializes in this area, particularly chapter 13 cases. Good luck.

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  • Bankruptcy?

    What will happen in a bank ruptcy case if I dont anything and my car is in my moms name? If I file. Can I still loose anything if im paying child support? I was told several times I should consider it. I owe about 10 grand all together. 3500 of it...

    Janet’s Answer

    Whether you qualify to file bankruptcy depends on many factors. How much you make, what type of debt you have. An experienced bankruptcy attorney will be able to assess your situation within a few minutes and answer most of your questions. Since I don't have enough facts, I can tell you that generally, most debtors can keep all or a significant portion of what they own or are purchasing through financing. However, certain debts, like student loans are non-dischargeable. That means they survive the bankruptcy and you will still have to pay them even after your discharge. Most bankruptcy attorneys offer free initial consultations. I recommend that you schedule an appointment with an experienced attorney at which time s/he can tell you exactly what your options are. Good luck

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  • If I was a stay at home wife and was and my husband are getting a divorce is he aloud to take all the $ out of our bank account

    Me and my husband are getting a divorce he is emotionally abusive and just recently physically abusive

    Janet’s Answer

    He is NOT allowed to abuse you. File a police report and/or go to a woman's shelter. Get an attorney, if you don't already have one. S/he can file a PPO and other motions designed to protect you and your family. Good luck.

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  • What do I do if Nissan doesn't accept my Chapter 7 discharge papers?

    I filed Chapter 7 Bankruptcy and it was discharged on 6/24/16. I'm trying to get my title from Nissan Motor Company and they will not honor my Chapter 7 discharged papers. They are stating that I still owe them and they will come and pick up my ca...

    Janet’s Answer

    The discharge only releases you from liability for the note. Nissan still has a lien on your car. The only way to get the lien removed is to pay off the balance of the note. Nissan can come and repossess the car if you stop making payments or have not reaffirmed the debt. However, it cannot sue you for the deficiency on the note as that was discharged in the bankruptcy. If you want to keep the car, you will need to keep making the payments, and/or get caught up. Good luck.

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  • Failure to pay marital debt

    Hi, ive been divorced for 4 years in 2012. My X husband agreed to pay all our marital debt in lieu of spousal support. He failed to pay and now I have a judgment against me for $5000+ and they threatened to take my Tax return (State) which I haven...

    Janet’s Answer

    You don't need to sue him. If your divorce judgment provides that he pays that bill, you can a motion with the court where your divorce was entered and ask the court to compel his pay and reimburse you for attorneys fees and costs. Good Luck

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  • Can another attorney help me out of this case

    I have a bankruptcy case the I thought was denied. I found out last week trustee want to seize my cars. The attorney I had said all my property was protected until after we went to court and the trustee started asking question. Can another attorne...

    Janet’s Answer

    Unfortunately, sometimes people inadvertently underestimate the value of their assets and the Trustee can sell them for the benefit of creditors if you have not claimed it as exempt. In order to do so, the sale must benefit the unsecured creditors. Your attorney may be able to amend your schedules to take a larger exemption or if that doesn't work or isn't possible, you may be able to make a deal with the trustee to pay him for the non-exempt portion of the assets and keep them. You should call your attorney. I suspect there is something he/she may be able to do to help you. If not, call around, you may be able to find another attorney to step in, but it may be difficult. Good luck.

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  • What can I do if my wife is blatantly refusing to comply with a status quo order during our divorce?

    My wife and I are in the middle of a divorce and have a status quo order in place. We are still living in the same house (we have two small children and custody hasnt been addressed yet). She has really amped up the hostility lately. She refuses t...

    Janet’s Answer

    Status quo orders typically require the parties to continue operating as they had prior to the filing for divorce. They usually include language regarding finances and a paragraph about scheduling with the kids to stay the same. If this language is included in the status quo order, then you would file a motion to enforce the order. If however, this language is not in the status quo order, and sometimes it isn't, then you will have to file a motion asking the court to require her to pay the $1,000 per month and put the kids back on their schedule. If you don't have an attorney, I strongly recommend you that at least consult one. A divorce with minor children can be difficult and you should make sure your rights are protected. Once the final judgment is entered, it is very difficult to get modified without your spouse's consent. So it is vital that your rights are protected before it is entered. Good luck.

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  • Bankruptcy vs Debt Relief Program

    Hello there! Thank you for taking a moment to read my post. I am 32 years old recently married and make roughly $31,600/year. I have about $40,000 in unsecured debt, $19,000 on a upside down car loan at 21.5% APR (huge regret), and about $52,0...

    Janet’s Answer

    To start from the end, typically, you will find it very difficult to obtain a mortgage in less than 2 years from filing for bankruptcy. So, if the goal is to improve your credit rating to purchase a house by the end of 2 years, bankruptcy will probably not be your solution. That's not to say that bankruptcy could actually be your best option. However you would likely have to put off buying a house for an additional year. Most student loans are not dischargeable in bankruptcy and most people do not meet the hardship standards that would allow discharge. But, most unsecured debts are dischargeable and you can either give your car back to the creditor or there are companies that will loan money to redeem the vehicle. As far as debt settlement, typically to settle debts, the best way is to offer lump sums to the creditor. Most people with the amount of debt you and your wife have don't have access to large sums of cash to settle the debts for less than is owed. Also, I always advice individuals to be wary of debt settlement companies that put you on a payment plan, then start settling debts once there is enough money in the account. Frequently, the only party getting paid is the debt settlement company and the client is being sued and garnished by creditors who have not been paid. I strongly suggest you meet with a qualified bankruptcy attorney. They will advise you of your options both inside and outside of bankruptcy. Good luck.

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  • How do I get rid of my husband of six years that is a achololic verbally abusing.

    My husband of six years one common child now 26yrs old, would rather work for the temp agency for ten dollars ,and keep drinking and calling me ugly names, than tho be skilled traded for twenty-eight dollars and be Nice living in the local motel...

    Janet’s Answer

    You could file for divorce. Typically status quo orders can be entered upon filing that would require him to continue assisting you with the expenses, if he has been in the past, until the divorce is final. If there are not a lot of assets, and he is agreeable, you could potentially receive the judgment of divorce within 2 months after filing the case.

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