Archived
If state collection group is going after garnishment of unpaid taxes allegedly owed can i file a motion to stop this what rights
David's answer
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Answered on February 27, 2010
Garnishments cannot take place without a court order. For a creditor to get such an order, they must first prevail against you in a legal action. ...
I have responded to a summons for a credit card debt, what comes next?
David's answer
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Answered on February 27, 2010
I want to reiterate one main point with a caveat. You will NOT go to jail simply for not paying the debt! Debtor's prisons are from and belong in...
Archived
Bankrupt rental properties in calif
David's answer
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Answered on February 27, 2010
A word of caution here is in order. While the previous posts are usually correct, it may depend heavily on the practice of the trustees in your...
Archived
When Should I form an LLC
David's answer
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Answered on February 26, 2010
The formation of an LLC is frequently a good idea to shield you from personal liability, both for ordinary debts associated with the business, as...
Archived
Can a collection company continue to request money after bankruptcy
David's answer
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Answered on February 25, 2010
I'm not sure I understand your question. However, mortgages are secured debts. While a bankruptcy may discharge your personal liability for the...
Archived
Can I put my 2 houses in my businesses name to avoid a potential lien?
David's answer
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Answered on February 25, 2010
All of this sounds possible. Your biggest obstacle is the UFTA ("Uniform Fraudulent Transfer Act"), which allows creditors to undo transactions...
Archived
Do I have to pay for a chapter 7 when I already paid for a chapter 13 in full and it has been less than 6 mo of a 50 mo plan?
David's answer
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Answered on February 25, 2010
Most lawyers do charge an additional fee to convert to the 7, depending on how long you have been in 13 and how much of the fee they received. If...
Archived
Can I be taken to court for a promissory note if I am making an effort to make payments on that note?
David's answer
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Answered on February 25, 2010
In short, yes. If the terms of the contract entitle him to payment in full by 2/28, he can probably sue you for failing to fulfill that term. ...
Archived
Does household income above a $55,000 keep you from filing Chapter 7?
David's answer
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Answered on February 25, 2010
No, above median household income does not automatically prevent individuals from filing chapter 7. Instead, they must complete the expense...
Archived
When filing a chapter 7 bankrupcty, does one file the application to waive the filing fee before or together with the petition.
David's answer
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Answered on February 25, 2010
You have to file the application with/after the petition. You will need to submit an order as well. There are standard forms for both. Be sure...
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