Your 401K is an exempt asset so it is okay to get your money. You will have to pay a ten percent penalty if you under under 59-1/2 years of age. ...

What can a physician do when the cost of medicare overpayments are causing bankruptcy?

If your doctor files a bankruptcy the government has to decide if there is fraud involved. If so, they file an adversary complaint to dispute the...

Please Help! Can I use this as my meritorious defense?

You need to go into court to overturn the default judgment on the basis of improper service of the summons. When you have your day in court you...

I would like to file bankruptcy specifically to discharge my DWI surcharges from 1998-99. What chapter will erase this in full?

The bankruptcy law still bars a discharge for death or personal injury caused by driving while intoxicated. Is the surcharge connected to either a...

If both spouses enter an uncontested divorce does that relinquish any legal right from the respondant?

A divorce isn't considered uncontested unless the parties agree to all issues. Once you agree on every issue the agreement should be put into...

If my ex-husband files bankruptcy am I responsible for a loan we both signed; and is it due in full and payable immediately?

If the car was repossessed and the debt is now in collection your credit is probably already suffering. First look to your divorce judgment to see...

Selected as the best answer

Can a hospital in Mississippi send me to collections if I am making payments? Can my wages be garnished?

Your wages cannot be garnished until a lawsuit is filed, a hearing takes place and a judgment is entered. Just because you received a letter...

Bankruptcy and Child Support

First of all, your ex's bankruptcy did NOT wipe out any arrears he owed you even though he listed you on his bankruptcy. As long as there is a...

Tax Consequences for Deed In Lieu on Chapter 7 Discharged Debt Not Reaffirmed (did continue to live in the house 6 years)

I don't see why the answer would be any different just because you lived in your home longer. You wiped out the debt in your bankruptcy. You do...

You cannot file a motion to reaffirm your debt in a Chapter 7. You can report your perfect payment record yourself. See Ms. Larkin's guide.