Questions answered by Matthew Scott Berkus

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9 Years ago I signed a loan document in the state of PA- It was for a private student loan. Now collections are after me.

Matthew's answer | Answered on March 22, 2014

Yes, as a general matter, if a contract contains a choice of law provision (which yours apparently does), then the state law designated in the...

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I am owed 40,000 in arrears. what legal action can be taken to at least receive weekly payments? can charges be filed

Matthew's answer | Answered on March 22, 2014

Generally, non-payment of a debt is not a criminal matter, so NO, you cannot file "charges." As for the rest, you didn't supply any information...

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If I am to divorce my spouse and she owes money to myself and family can i have your wages garnish if she agrees on amount?

Matthew's answer | Answered on March 22, 2014

You would need more than just your ex-spouse "agreeing" to the debt. You would need the ex-spouse to sign a stipulated judgment. You can only...

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Can they garnish my Social Security Disability check if I owe student private loans?

Matthew's answer | Answered on March 22, 2014

Private student loans cannot garnish social security benefits. Now, if they sue you and obtain a judgment, they could levy a bank account. At that...

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Can IRS taxes be discharged if I file bankruptcy?

Matthew's answer | Answered on March 22, 2014

Determining whether your income tax debt can be discharged is not simple. Most individuals, and very many attorneys will use a service like the one...

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HOW TO WE HANDLE 1099C CANCELATION OF DEBT FORMS WE JUST RECEIVED.

Matthew's answer | Answered on March 22, 2014

As stated, you will need to file a return and attach IRS form 982. Most likely you will qualify as insolvent under IRS guidelines (you will need to...

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Is a 401k that was exempted at time of petition filing available for withdrawal (cash out), even before the 341 meeting?

Matthew's answer | Answered on March 20, 2014

No one here can really advise on that question, advising you on "what to do" crosses the line from general legal information (which this website is...

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Ramifications of voluntary dismissal

Matthew's answer | Answered on March 20, 2014

You probably just blew it. Short of winning the lottery or receiving a huge inheritance, I have yet (in over 10 years and thousands of clients) to...

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Legal Aid Help

Matthew's answer | Answered on March 20, 2014

I love Scott's answer, sometimes the answer is really simple. Do as they instructed, take the documents down to legal aid and find out. There...

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Aside from filing a claim, how do we get paid as a creditor with a lawsuit won against the debtor who has just filed Chapter 13?

Matthew's answer | Answered on March 20, 2014

To get paid in chapter 13, the "only" thing you do is complete the proof of claim form, provide the required supporting documents, and file them...

Matthew Scott Berkus's Answers (15939)

9 Years ago I signed a loan document in the state of PA- It was for a private student loan. Now collections are after me.

I am owed 40,000 in arrears. what legal action can be taken to at least receive weekly payments? can charges be filed

If I am to divorce my spouse and she owes money to myself and family can i have your wages garnish if she agrees on amount?

Can they garnish my Social Security Disability check if I owe student private loans?

Can IRS taxes be discharged if I file bankruptcy?

HOW TO WE HANDLE 1099C CANCELATION OF DEBT FORMS WE JUST RECEIVED.

Is a 401k that was exempted at time of petition filing available for withdrawal (cash out), even before the 341 meeting?

Ramifications of voluntary dismissal

Legal Aid Help

Aside from filing a claim, how do we get paid as a creditor with a lawsuit won against the debtor who has just filed Chapter 13?