Archived
Can a debt collector threaten to garnish your income tax to a pay debt. If there was a court judgement against you?
Mark's answer
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Answered on September 13, 2012
As mentioned, the 1099 is not a garnishment but instead lists the amount of debt that was written off by the creditor. You will have to report...
Archived
Schedule I & J, do I list current monthly income and expenses or average of last six months?
Mark's answer
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Answered on September 13, 2012
On Schedule I you should list your current monthly income and on Schedule J only the expenses you expect to have after the bankruptcy. This is...
Can I sue a foundation company for damage to the structure while lifting the foundation
Mark's answer
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Answered on September 12, 2012
You should review the contract that you signed with the foundation company. This document controls the responsibilities/liabilities of the...
Archived
What can I do to stop my wages from being garnished?
Mark's answer
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Answered on September 12, 2012
I agree with Mr. Stumpf that I can't imagine why you would reaffirm a second mortgage if the first was not. You should consult with a bankruptcy...
Archived
Who notifies the creditors of my bankruptcy filings? is it the trusties or do I have to do it?
Mark's answer
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Answered on September 12, 2012
The Clerk of the Bankruptcy Court will notify all of the creditors that you have listed in your Schedules. There is a Creditor Matrix that must be...
Archived
I am a co-signer for a student loan through sallie mae, is that type of government loan covered if i file bankruptcy?
Mark's answer
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Answered on September 12, 2012
Student Loans are not dischargeable in bankruptcy except in special circumstances. You will still be responsible for the student loan, even if you...
Archived
If you win a medical malpractice lawsuit filed 4 years after filing Chapter 7, can the trustee take monies owed to the creditor?
Mark's answer
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Answered on September 12, 2012
You should have listed the potential lawsuit in the 2008 bankruptcy, since the injury occurred in 2007. The proceeds are the property of the...
Archived
House was purchased for investment 2 years prior to filing Chapter 7 bankruptcy. Bank filed and was granted a relief from stay.
Mark's answer
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Answered on September 12, 2012
As mentioned, it sounds like the debtor received a personal discharge for the debt but the lien remains on the property. You will need the...
Archived
If i just took a 401 k loan out for home repair can i still file chapter 7
Mark's answer
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Answered on September 12, 2012
Having a loan against your 401K won't stop you from filing a Chapter 7 Bankruptcy. However, the loan will still be secured by your retirment and...
Archived
Once a Notice of Discharge has been issued on a Ch. 7 BK can non-dischargeable debts be collected upon?
Mark's answer
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Answered on September 12, 2012
Yes, once a debtor has been discharged, the automatic stay ends and the discharge stay goes into effect. If your debt was non-dischargeable, you...
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