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Becky A Moshier

Becky Moshier’s Answers

68 total


  • Can I reaffirm a riding lawn mower in chapter 7 if it is technically a charge card? and will it count on the means test?

    First off, I will be meeting with a lawyer next week for an initial consult. In the mean time my riding lawn mower kicked the bucket and I need a replacement. I managed to receive financing from John Deere for the replacement mower. The term is...

    Becky’s Answer

    The other issue when acquiring new debt right before you file Bankruptcy is whether the creditor would object to discharge of the debt given the timing. If the debt is unsecured and you do not "have" to reaffirm it, then the question is whether the creditor would object to such a big purchase right before you filing. Their basis for objecting would be "fraud" that you knew you were filing Bankruptcy when you obtained the loan. You should discuss this issue with your Minnesota Bankruptcy attorney.

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  • Chapter 13 can I file again

    Filed chapter 13 in 2009 paid off 5 year payment plan and chapter 13 was discharged in 2014. Now in a bind again do to medical issue. How often can you file chapter 13 and if you file how many years after a discharge can you file again?

    Becky’s Answer

    You can file a new Bankruptcy case now. You may be able to file a Chapter 7 rather than a Chapter 13 case if you haven't filed a previous Chapter 7 case in the past eight (8) years. Contact a Minnesota Bankruptcy attorney to discuss your options.

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  • Do we need a lawyer and which will be best for us 13 or 7? Also what is the average lawyer fees for a 13 or a 7? thank you

    We are trying to figure out if we should file 13 or 7 bankruptcy - We owe back taxes and are behind on our Mortgage and do not want to lose the house. We have about $30,000 in debt along with student loans. The other question is do you need a law...

    Becky’s Answer

    A Chapter 13 Bankruptcy would be your best bet for back taxes and mortgage arrears. The idea is to consolidate your debt and obtain a lower monthly payment than what you have now. That being said, you have to show feasibility, the ability to pay your debt. It is complicated and an attorney is advisable.

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  • Being sued by unemployment after filing for bankruptcy.

    I recently filed for bankruptcy and had my 1st court date. Now I received a summons that I'm being sued by Unemployment for overpayment. Is it too late to try to set up a payment plan with them? My bankruptcy lawyer is not helpful at all and I've ...

    Becky’s Answer

    Yes, they will take payments. I've helped my clients do the same thing. Ask your lawyer to call their attorney and set up payments.

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  • Bankruptcy questions

    hi I received a trust fund a month ago on my 25th birthday I am filing bankruptcy now I have no accounts a bank I am unemployed and plan to start a business this summer so I just got my mn business license will this come up and will I be asked any...

    Becky’s Answer

    You have to disclose the Trust account funds that you received a month ago as the funds are an asset of your bankruptcy estate. If you fail to disclose the funds then you are committing bankruptcy fraud, which is punishable by up to five (5) years in Federal prison and/or a $500,000.00 fine. You should talk to a bankruptcy attorney about how much money you can "exempt" or keep when you file bankruptcy. The Trustee almost always asks if you have had any money put in trust in the past 10 years. You have to list all of your cash on hand when you complete your bankruptcy schedules with your lawyer. It doesn't matter that the funds are not in a bank account.

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  • I got a judgement against me on a loan for 1200, the judgement was 1400, they are scheduled to take garnmishment

    I thought that was supposed to be a separate proceeding before that happends, that will bring my livable income to not livable basically. is there anyway to stop it or work with creditors through a lawyer or another way or extend, no way I can pa...

    Becky’s Answer

    A Bankruptcy filing would stop any wage garnishment. Before you consider that option, you should review the exemptions list that was provided to you to determine if you are exempt from garnishment. For example, if you have received any form of public assitance, Food Stamps, M.A., etc., then you cannot be garnished for six (6) months from the date you last received public assistance. You have to complete the exemption form and serve it on the Creditor and provide your public assistance case number so the attorney for the creditor can check to make sure you have received beneifts.

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  • Legally Speaking: Who Gets the Engagement Ring and wedding ring if the spouse filed a divorce?

    Legally Speaking: Who Gets the Engagement Ring and wedding ring if the spouse filed a divorce?

    Becky’s Answer

    That depends! Case law goes both ways on this issue if one party demands return of an engagement ring if the marriage is not followed through. If married, generally the spouse that was given the engagement ring and wedding ring would keep them but the value of the rings may be assessed against the spouse keeping the rings. However, if the value of the rings is so great that it would be unfair for one spouse to keep them, a Judge could in theory force a sale. I've never seen it happen, but if the parties don't decide division of property, then a Judge will be forced to. Most divorce cases are settled rather than going to trial. Good luck.

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  • Bankruptcy before divorce or after? MN

    Just wondering if it's smarter to file a bankruptcy prior to or after filing a divorce? My husband and I are in the process of divorce and the last portion is debt, which we have an abundance of. We are also going through foreclosure and we both a...

    Becky’s Answer

    In your circumstances it may make sense to file before since you agree that bankruptcy is beneficial for both of you. Oftentimes, one or other spouse does not agree and assets that could be protected in bankruptcy (401(k) or IRA's for instance) are spent fighting the divorce or continuting to pay on a mortgage that is no longer practicable on one income. Filing before gives you less to fight about in a divorce, which is an advantage in any divorce. You should call a local attorney for a free consultation to see if bankruptcy is appropriate. Good luck.

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  • We took out a second mortgage, home "fix-up fund loan " on 8/8/2007. home was lost due to foreclosure in 2010

    Both my husband and I Iost our jobs , and were unemployed for 3 years, we lost our home due to foreclosure in 2010. Is there anything we can do to get out from under this second mortgage. All of the money we have paid to them for the last 3 years...

    Becky’s Answer

    Remember if you "settle" your debt with the 2nd Mortgage company you will owe income taxes on the balance of the debt that is forgiven. You need to calcualte what your tax liability will be given the lump sum settlement amount you are offering to pay. If you file a Chapter 7 or Chapter 13 Bankruptcy you will not owe any income tax. It's important that you know all the facts before you proceed. Good luck.

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  • Can I stop a judgement foreclosure if I was denied making payments on the judgement and I could not get a loan

    I tried to get a loan but I already have one and the bank said I do not make enough money to get the extra 50k to pay the judgement of.

    Becky’s Answer

    No, but you may be able to file a Chapter 13 Bankruptcy if this is a mortgage loan. A Chapter 13 Bankruptcy is a payment plan where you can get caught up on your mortgage payments. If you can't afford the payments then you need to consider selling your home if you have equity in your home. You have to file the Chapter 13 BEFORE a Sherrif's foreclosure sale, so call an attorney immediately.

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