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Gary D. Bollinger

Gary Bollinger’s Answers

3,740 total


  • What is the maximum amount my wages can be garnished by a State agency in Missouri?

    I'm being told by the Division of Employment Security I can't pay just the 10% as head of household. They claim I have to give them 25%, but I don't want to just take their word for it and I can't afford to hire a lawyer.

    Gary’s Answer

    For child support, the answer is, "no." As to claiming "head of household" exemption, I tend to agree with you and suggest you file your claim of exemption with the Sheriff: you have nothing to lose in filing such a claim and, at least in St. Louis, The forms are available on line. The Division of Employment Security does not employ attorneys to answer their phone.

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  • I had to stop paying my bank for my RV because of heath problems what will happen to me or what can I do legally IM wait SSID

    I call the bank and told them that I wasn't going to be able to work no more cause of heath disability and to come and get the RV I owe 14.000 and it wroth 7000they didn't want to do that so they call me for 6 weeks no they sent this letter .it sa...

    Gary’s Answer

    • Selected as best answer

    Social security disability payments have a strong protection from collection attempts under Federal law.

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  • Can a lawsuit outside a bankruptcy court determine property rights that are property of the estate?

    I have filed Chapter 13 Bankruptcy and currently have the a-okay for confirmation from the trustee given it was a small case and I was able to handle it on my own. I go in front of the Court (which I know has the ultimate decision in approval) in ...

    Gary’s Answer

    The bankruptcy court can refer (or defer) to the opinion of a State court on the determintion of property rights--at least in MO.
    You likely need to hire an attorney familiar with your district's practices.

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  • I wasn't married for the years in questions. Do I still need to include my spouse's income on Chapter 13 SOFA?

    I am filing Chapter 13 bankruptcy. I just got married in July of this year. The Statement of Financial Affairs (line 1) asks me to state my spouse's income for the 2 previous years. However, I was not married to my spouse at that time. Do I st...

    Gary’s Answer

    In Eastern District of MO, where I practice, I know of no duty to report/amend an Statement of Financial Affairs answer. If your district is one in which tax returns are sent to the bankruptcy Trustee, it might have consequences to your bankruptcy upon the Trustee's review.

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  • Can I reopen dismissed bankruptcy case after 3 years?

    I filed bankruptcy in 2012 with my husband. We divorced this year and in the process of getting my finances together I checked my credit and saw the case was dismissed because the course we were supposed to take was never completed. I haven't hear...

    Gary’s Answer

    In Eastern District of MO, where I practice, the answer would be ,"no."

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  • Filing chap 13 Personal in Pa to save home. Im 1 of a 2 = member llc w/220K RE asset (0 debt). Is it fully exempt Pa/Fed law

    I had to file a 13 to stop sheriff sale on my home. The sale was to be continued by my former attorney called me day of sale and said filing was only option. I did but reluctantly and still not convinced, but the damage is already done. My only se...

    Gary’s Answer

    Your Schedule C. Exemptions should list the business property exemption you mentioned.
    You can likely read the cited statue online.

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  • Questions on charge by condo HOA and fair debt collection practice act

    Condo management charged fees that I challenged. I notified I would file AG complaint if charge is not removed. Immediately after my letter, condo management company sent me a letter: notice of collecting debt - under federal law 30 days to dispu...

    Gary’s Answer

    I'm not sure if the Management Company is subject to the FDCPA as it may be the original creditor.

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  • I'm facing apartment eviction. Will filing for bankruptcy keep me from getting evicted?

    Tried to pay the office the amount that was due on the paper I was served but he wouldn't take it and said they would give me updated price in court. Went to court and the amount was way higher. Will bankruptcy stop the eviction?

    Gary’s Answer

    The situation is complicated by bankruptcy law.
    An obscure provision of bankruptcy law allows you to file bankruptcy and take steps to prevent an eviction.
    You will need an attorney to assert this provision and determine if this provision may be used and what it will cost you in terms of a deposit with the court and other provisions.

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  • Is my car, which is paid off, allowed to be taken by the courts to pay an old credit card debt?

    I defaulted on my credit cards years ago and just had my first paycheck levied by the courts/banks. In the notice they sent me, It states they can take my vehicle. My question is, is my car protected up to a certain dollar amount or can they take ...

    Gary’s Answer

    Exemptions from collection are based on federal or state exemptions from collection efforts for a judgment.
    Check for you State exemptions, by Google or Bing.

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