Archived
I will be receiving a retro check for last year's income when I had no garnishment, can that retro check be garnished this year?
Matthew's answer
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Answered on February 12, 2013
I hate to say it, but generally, a garnsihment doesn't care when the money was earned, it only cares when the money is paid. So, if a creditor has...
Archived
I filed for bankruptcy, my husband did not. should i file my taxes seperately?
Matthew's answer
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Answered on February 12, 2013
Firs,t, check your states exemptions, many state's exemptions protect a tax refund that results from the EIC. In addition, unless you are in a...
Suing ChexSystems in Small Claims Court - cr report errors. They hired firm - if I dismiss, can big firm sue me for legal fees?
Matthew's answer
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Answered on February 12, 2013
Possibly, if the judge finds that your claims were frivolous. Although in small claims court, the risk is relatively low.
The issue you may...
Archived
What is the time frame when filing Chapter 7, when trying to get more time on a foreclosure.
Matthew's answer
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Answered on February 12, 2013
I assume you need to file bankrutpcy for other reasons than just simply stalling a foreclosure.
No "firm" answer exists to your question...
Archived
If I'm sued over credit cards can I be denied student loans?
Matthew's answer
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Answered on February 11, 2013
Generally, credit worthiness is not an issue for federally guaranteed loans (e.g. stafford loans, etc), but for private student loans, the...
Archived
Can I discharge the 27k I owe from my 2008 taxes through ch 7 bankruptcy even if filed the taxes in sept 2010.
Matthew's answer
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Answered on February 11, 2013
Probably, but you will "want" and experienced bankrutpcy attorney to review the dischargeability of the tax debt by reviewing the transctipt. There...
Archived
TAX ATTORNEY QUESTION:
Can a 2013 bankruptcy filing cancel debt release from 2012 1099s that I did not request?
Matthew's answer
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Answered on February 11, 2013
Since the taxable event already occured in a prior tax year, a bankruptcy now would not help. As previously pointed out, you will need to look at...
Archived
Is "cash for keys" money, received after the loan was discharged in Chapter 7 bankruptcy, taxable as ordinary income?
Matthew's answer
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Answered on February 11, 2013
I am not aware of any exemption that would apply to a cash for keys payment; as such, I don't see why it would not be taxable; but by the same...
Archived
We have $30k in med debt, and $77k in back taxes. I make $93k. Neither are "consumer" debt, will we still take the means test?
Matthew's answer
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Answered on February 11, 2013
Do you have a mortgage?
If yes, your mortgage counts in that determination of the balance between consumer and non-consumer.
Bottom line,...
Archived
Paying off a judgement when the creditor no longer exists
Matthew's answer
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Answered on February 11, 2013
Start by finding out how long judgments are valid in your state. Maybe the judgment has expired. And for that matter, if the judgment is that old,...
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