Archived
If an apartment complex guarnished wages 3 yrs ago and comes back today and guarnishes again, they said for additional interest,
Marc's answer
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Answered on August 12, 2011
I agree with the prior answer. It matters if the judgment amount was fully satisfied by the prior garnishment. If it was then they would be...
Archived
Car included in Ch. 13 was paid off by insurance due to accident, do I still have to pay?
Marc's answer
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Answered on August 12, 2011
There is not enough information to analyze this. If the claim was bifurcated then the car isn't paid off because there was a secured portion and...
Archived
I have had a levy placed on my account leaving me nothing to live off with a pending negative balance and fees daily!
Marc's answer
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Answered on August 09, 2011
If you are in Chicago, you can contact the Legal Assistance Foundation of Metropolitan Chicago they file cases for people who have very low...
Archived
Have about $500 worth of stock in a brokerage account, and im in the process of filing chapter 7. is that enough to worry about
Marc's answer
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Answered on August 09, 2011
Most likely, your state allows exemptions of personal property up to a certain amount. If properly exempted it is unlikely that there is enough...
Archived
Bankruptcy filing a claim
Marc's answer
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Answered on August 09, 2011
A claim must be filed within 3 months of the meeting of creditors by a general unsecured creditor. The government gets 6 months after the 341...
Archived
Would a state court case be part of the bankruptcy estate? If so, in what instance and on which schedule should it appear?
Marc's answer
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Answered on August 09, 2011
Any property legal or equitable becomes property of the bankruptcy estate upon filing. A lawsuit is legal property of the bankruptcy and the...
Archived
One of our llc members is planning on declaring bankruptcy
Marc's answer
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Answered on August 02, 2011
The trustee can pierce the veil of the LLC by the Debtor (member) filing bankruptcy and that persons shares in the LLC. The trustee may not...
Archived
I was recently sued in a Michigan District Court by Discover for a credit card debt. The plaintiff, Discover's attorney, did not
Marc's answer
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Answered on August 02, 2011
Dismissed with prejudice means that they are barred from filing the suit again. However, my guess is that they are trying to vacate that order...
Archived
How long should I wait before Applying for a Mortage after A Bankruptcy?
Marc's answer
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Answered on August 02, 2011
Generally, before the credit crisis you could obtain a mortgage approximately 2 years after receiving a discharge in a Chapter 7. Now that rule...
Archived
Would like to know if mortgage company go after my 401(K) loan money I have left in the bank If I file for bankruptcy?
Marc's answer
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Answered on August 02, 2011
The issue is whether or not the trustee will administer the money in your bank account or if it can be fully protected with your exemptions in...
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