Archived
In chapter 7 bankruptcy exemption determination can an asset be spread amongst multiple categories?
Gary's answer
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Answered on November 30, 2012
There are three concepts here: Stacking, Splitting & Aggregration.
The language of the exemption statute must be sufficiently broad to include...
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Archived
Is it legal for a credit reporting agency to ask for a copy of your driver's license and social security card?
Gary's answer
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Answered on November 29, 2012
Finesse the issue by trying another CRA,TransUnion or Experian.
Archived
Can my ex-husband claim our children live with him, even though they don't, for purposes of a Chapter 13?
Gary's answer
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Answered on November 29, 2012
In MO, where I practice, the size of the household (a key determination in the means test to qualify for a chp 7) allows counting the children on...
Archived
Small claims court coming up, what happens if I file bankruptcy before the court date? Thank you.
Gary's answer
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Answered on November 29, 2012
You wrote, "First time question, long time viewer. : ) "
I am delighted that as a first time viewer, attorney Digiulio, was first to respond to...
Archived
I was discharged in a chapter 7 bankruptcy 5 years ago, what prevents me from purchasing a new home and walking away from...
Gary's answer
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Answered on November 29, 2012
You wrote, "What would prevent us from obtaining a new mortgage and moving in to a new home and allowing the bank to foreclose on the old...
Archived
Unlawful Detainer - Bankruptcy
Gary's answer
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Answered on November 29, 2012
You wrote, "Would the property, which she does not have title to or owe any obligation on, be subject to the bankruptcy protection?"
It would...
Archived
Had WC lifetime medical benefits ~20 years ago,Co. went bankrupt 10 years ago,is it fraud if current health insur covers injury?
Gary's answer
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Answered on November 29, 2012
Because you used the word "bankrupt" , this question was posted to Avvo's Bankruptcy forum.
It does not belong here. I don't know how to...
Archived
I need help with my IRS problem. What can an attorney/lawyer do differently that a Tax preparer cant do?
Gary's answer
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Answered on November 29, 2012
Ask if the CTC is enrolled to practice before the IRS (Enrolled Agent).
Archived
Creditiors calling while in bankruptcy
Gary's answer
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Answered on November 29, 2012
If your bankruptcy is still pending, file an amendment.
If your bankruptcy is closed, send the Creditor a copy of the Discharge Order.
Archived
I’m Married but filing chapter 7 bankruptcy individually and don’t know how to list my home.
Gary's answer
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Answered on November 29, 2012
You must distinguish the loan from the lien; the title from the debt.
As to the loan, obtain a copy of your credit report to determine if the...
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