Archived
Chapter 7 bankruptcy. The CA FTB garnished my last paycheck. I filed chapter 7 two days b4 that check issued. 45 days to return?
Peter's answer
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Answered on July 01, 2014
Yes, you must amend your schedules B & C to list the amount that you would have otherwise had in the bank or in cash and allocate exemptions...
Archived
What I can do for my endless chapter 7 bankruptcy case?
Peter's answer
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Answered on July 01, 2014
You might be able to amend your exemptions. Typical asset sale agreements provide that you are buying specific assets from the estate. If you...
Archived
My chapter 13 (calif) was dismissed due to non payment to trustee. I had to retire due to medical reasons.
Peter's answer
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Answered on July 01, 2014
You should consult with an attorney regarding reopening your case for prosecution of a hardship discharge.
If you don't resolve your liability...
Archived
I filed bankruptcy with a paralegal. I sent the wrong notice information. How much notice time does a creditor neeed?
Peter's answer
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Answered on June 30, 2014
Yes, you can and should amend your schedules to add the erroneously omitted creditor(s). The fee is partly to cover the expense of the clerk...
Archived
A garnishment was executed. What is the basic structure and/or information needed for putting together a Lien Avoidance motion?
Peter's answer
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Answered on June 23, 2014
There is a form for Central District of California available on the court's website. F 4003-2.1 AVOID.LIEN.RP.MOTION
Archived
Filed chapter 7 bankruptcy, 240,000 unsecured debts, 216,000 mortgage, home worth 300,000. what is the best exemption to claim
Peter's answer
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Answered on June 05, 2014
I agree with counsel answering this question that you should consult with an attorney for a thorough review of your financial circumstance. CA...
Archived
Can my dad's life insurance be claimed as an asset in chapter 13?
Peter's answer
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Answered on June 05, 2014
Yes, 11 USC 541(a)(5)(C) and 1306(a) provide that life insurance funds become property of the estate. Other attorneys have property explained the...
Archived
Non-Profit Corp. looking into filing Bankruptcy. Been trying to pay bills. but has been an endless cycle.
Peter's answer
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Answered on June 03, 2014
You question requires an analysis of your business model. If you can adjust your business model to generate sufficient revenue to cover overhead...
Archived
In a chapter 7 my bank call ask me sign release to my car can pick up the car when a sign
Peter's answer
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Answered on June 02, 2014
11 USC 362(g) provides that the automatic stay in a case of an individual debtor with respect to personal property (a vehicle, etc.) terminates and...
Archived
I filed Chapter 13 in 2008, I was discharged two weeks ago. My attorney was paid $8,000.00. Received a bill from him for $3000??
Peter's answer
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Answered on June 02, 2014
1322(a) requires all administrative fees to be paid through the plan. However, 9th Circuit Court of Appeals in Wolff v. Johnson allows for payment...
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