Archived
Can a declaration filed at Bankruptcy Court be filed with District Court?
Brent's answer
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Answered on January 03, 2014
If there is an existing district court case, there is no rule that prevents you from filing a copy of the declaration in that case also. If there...
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Archived
When filing Chapter 7, can I get a new car within a month or 2?
Brent's answer
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Answered on January 02, 2014
There is very little worse for your credit than filing a bankruptcy. While a bankruptcy will discharge debts, it will not automatically make your...
Can a bk trustee reopen a case either 2 years prior or 2 yrs after the termination date of a previously closed case?
Brent's answer
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Answered on January 02, 2014
There is no time limit to when the trustee can ask the court to reopen a case. If there are reachable assets to be administered, the trustee can...
Archived
My bankruptcy case has recently been dismissed. My question is, all the funds that were garnished from me will I get it back?
Brent's answer
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Answered on January 02, 2014
If you are speaking about the money you have paid to the trustee each month, it is possible that you will get some of that back, after the trustee...
Archived
Creditor letters after bankruptcy
Brent's answer
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Answered on January 02, 2014
When you are contacted by a creditor while you are in bankruptcy, the first thing to do is to look at your schedules to make sure the creditor is...
Archived
Do you think the judge will approve my motion to extend payment of filing fees for chapter 13?
Brent's answer
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Answered on January 02, 2014
You need to speak with an attorney who does Chapter 13s. There is no harm in filing a motion to extend, but as other counsel points out, if you...
Archived
I'm filing chapter 7 bankruptcy. My 2 houses foreclosed on 2010. Do I add these foreclosures in my chapter 7 package?
Brent's answer
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Answered on January 02, 2014
You should speak with an attorney. A petition preparer cannot give you legal advice. Therefore, neither can a petition preparer refuse to add debts...
Is it legal to garnish my wages for debt to the Navy Exchange -seller of goods- without a me having notice of it?
Brent's answer
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Answered on January 02, 2014
It is illegal in all states to garnish wages without giving the garnishee notice. Of course, it is possible for you not to receive the notice...
Archived
Separating a Chapter 13 plan during divorce
Brent's answer
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Answered on January 02, 2014
It is probably best for each of you to seek different attorneys. It may also be necessary to file a different bankruptcy. These are matters you...
Archived
Does the BK court routinely send BK notices to the Missouri Department of Revenue, or only on some special occasions?
Brent's answer
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Answered on January 02, 2014
This depends on local rules and practice. In my district the court only sends notices to those creditors listed on the matrix. In some states,...
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