Archived
Is an inherited IRA exempt in bankruptcy based on the date of filing regardless of how the Supreme Court rules in June?
Matthew's answer
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Answered on April 14, 2014
The trustee can keep the case open to see how the court rules. Since you are in the 9th circuit, the 9th circuit rule (I will take you word on it)...
Should you inform a debt collector you're are judgment proof? If they do decide to get a judgment, should you show up for court
Matthew's answer
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Answered on April 12, 2014
Being judgment proof is a circumstance, not a legal defense. You can tell them all you want, just like people tell debt collectors they will file...
Archived
Can a bankruptcy assist a company with avoiding dissolving due unable to pay annual fee plus the late penalty in Illinois?
Matthew's answer
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Answered on April 12, 2014
No. A bankruptcy liquidates (dissolves) the company. However, doesn't sound like there is much to this "company" (more of a sham really).
I...
Archived
Can a collection agency garnish my wages and have bank accounts frozen every pay period
Matthew's answer
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Answered on April 12, 2014
Yes.
A wage garnishment is ongoing. Bank account garnishments have to be re-done each time. But they can hit your bank as often as they want to...
Can I be served a verbal notification about a summons and can it be resolved over the phone
Matthew's answer
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Answered on April 12, 2014
That sounds somewhat odd. Service of process cannot be handled over the phone. It sounds more like a technique to get you to pay the debt.
Or,...
Archived
I owe $1895 dollars in past due condo fees. It was sent to legal a year ago but they had the wrong address so I just found out.
Matthew's answer
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Answered on April 12, 2014
Most likely yes, you will be responsible for the legal fees. Sorry, but this situation sounds like a problem of your own making. Maybe you can...
Archived
Retain and Pay still allowed?
Matthew's answer
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Answered on April 11, 2014
Houses, yes. Other assets (e.g. cars, not so much).
Archived
Can you amend a no-asset chapter 7, due to possible judgment?
Matthew's answer
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Answered on April 11, 2014
If your personal chapter 7 was a no asset case, it is usually not necessary to re-open and amend to add a creditor because the discharge applies to...
Archived
Preparing for a Debtorś Exam. Is there a site that will assist me in presenting the most pertinent questions?
Matthew's answer
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Answered on April 11, 2014
Actually, most post judgment debtors exams are reduced to a questionnaire. Your court may even have a standard form. Although you will be having...
Archived
Is there any defenses to garnishment stemming from school loans?
Matthew's answer
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Answered on April 11, 2014
With the garnishment at 15%, this sounds like federal student loans. With that, exemptions, head of household, etc., does not apply. And as pointed...
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