Archived
Does an Adversarial Proceeding for Nondischargeability for debt incurred by fraud continue to STAY the civil suit for fraud?
Benjamin's answer
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Answered on June 01, 2011
The Bankruptcy court will often modify the stay to permit the continuance of state court proceedings to determine liability and damages. However,...
Can the IRS put a levy or lein on your retirement annuity?
Benjamin's answer
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Answered on June 01, 2011
One small point to expand on. Taxpayers who depend on the funds for their expenses or will depend on the retirement account for their future...
Archived
Need a new attorney to represent us if Consideration of order of dismissal of chapter 13
Benjamin's answer
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Answered on June 01, 2011
If you should lose the motion, your second filing may lack the same punch as the first and certain rights may be adversely affected and limited on...
Archived
What happens if you dont make your monthly installment to the irs
Benjamin's answer
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Answered on June 01, 2011
Just to expand a bit on the prior summary. If a taxpayer truly cannot pay little more than life's basic necessities in your retirement, the...
Archived
In a chapter 11 adversary proceding is refusal to allow leave to amend a complaint appealable?
Benjamin's answer
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Answered on May 30, 2011
Generally, the determination of whether to allow a party to amend a complaint is left to the discretion of the trial court. Needless to say this is...
Archived
I am moving in July 2011. I want to give my house back to bank.
Benjamin's answer
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Answered on May 30, 2011
The advice provided below is already good. Banks don't usually want to take properties back that they cannot move and will refuse or resist...
Archived
I have a student loan from a school that has closed,can i get this loan discharged or put into my chapter 7?
Benjamin's answer
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Answered on May 30, 2011
Although discharging your student loan in bankruptcy may not be realistic (read possible, but unlikely). There may be other alternatives. Take a...
Chapter 13 - debtor in possession
Benjamin's answer
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Answered on May 30, 2011
In a Chapter 13, you have many of the same rights as a debtor-in-posession, but strictly speaking the term is specific to Chapter 11 filings...
Archived
Help with paperwork for credit card debt settlement with collection agency
Benjamin's answer
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Answered on May 29, 2011
A quick comment. Hiring an attorney to assist you is wise. I also wanted to bring another issue up - you may, or may not, have an IRS tax debt...
Archived
I"m trying to find the laws for enforcing judgment in Louisiana. Any book or website would be helpful.
Benjamin's answer
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Answered on May 29, 2011
I think you will find the resources note below useful. I am not a Louisiana attorney and so cannot pass on the validity of the information...