Gary D. Bollinger's Answers (3793)

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How much should a chapter 13 cost starting from the high end to the low end in Illinois & how much is too much for the fee?

Gary's answer | Answered on August 01, 2013

In Eastern District of MO, where I practice, the court has an approved "flat fee"; these are quite common and do not permit of negotiation.

Archived

Can a credit card company, attach a lien to a property with my name on the deed?

Gary's answer | Answered on August 01, 2013

You wrote, "Can a credit card company, attach a lien to a property with my name on the deed? ...Should i sign off of my parents house , to avoid a...

Archived

After Ch 7 bankruptcy closing, & facing foreclosure: what's best for credit?

Gary's answer | Answered on August 01, 2013

In Eastern District of MO, where I practice, I am increasing seeing real estate agents who claim expertise in short sales. I suspect that you...

Archived

Will filing a "hardship" against a wage garnishment delay the money being taken from my check?

Gary's answer | Answered on July 31, 2013

The legal process to challenge the garnishment is a "Motion to Quash." I do not expect a challenge based on "hardship" to prevail.

Archived

Owing the IRS money

Gary's answer | Answered on July 31, 2013

I assume its all income taxes. It is too soon for a discharge of the 2010 taxes; the earlier taxes may be dischargeable.

Archived

I own my mobile home but not the property; if I file bankruptcy chap 7 do I have to give up my M/H?

Gary's answer | Answered on July 31, 2013

Look for the personal property exemption in FL. (In Eastern District of MO, where I practice, we have a specific exemption for a mobile home used...

Archived

If a defendant has a civil judgement discharged in bankruptcy, must he pay legal fees or court costs for the plaintiff?

Gary's answer | Answered on July 31, 2013

I must be missing something: if the debt was discharged I would think the appeal would be dismissed as moot.

Archived

What is the best way to handle a car surrender post confirmation?

Gary's answer | Answered on July 31, 2013

If you have an amended 100% plan that calls for the deficiency after sale of the car to be paid as an unsecured debt, I don't see how you could...

Archived

Do I need to contact my lawyer about money from my mother upon her death and after my bankruptcy?

Gary's answer | Answered on July 31, 2013

You wrote, "Before filing for my bankruptcy my lawyer said to get my name off any account [my mother] had. She removed my name. ... Upon her...

Archived

What are the income tax consequences with IRS if I do a Deed in Lieu with lender of my rental property?

Gary's answer | Answered on July 31, 2013

Look at IRS Form 982 about canceling "phantom income" from a 1099-C.

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