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Hale Andrew Antico

Hale Antico’s Answers

94 total

  • Can I continue my 401K deductions in chapter 13? Can I increase my 401k if I get a raise?

    I have not had a raise in 9 years, if I finally should get one, will this also increase my payment in my 13?

    Hale’s Answer

    I've had Chapter 13 trustees go both ways on this. Worst case scenario is you try it and the trustee objects. Many want to see the debtor making the best efforts to pay back their creditors. Saving for retirement, while always wise, does not always show "best efforts."

    Increasing your contribution with a pay raise is likely to draw an objection, but again it depends. If you can repay more debt, the trustee would kind of like to see you do that.

    If you get a raise, the trustee will likely want your plan payment to increase. If you got a pay cut, you would likely want to reduce the plan payment. It cuts both ways.

    Note: all of these answers presuppose that you will be paying less than 100% of your debt back. If you can pay 100% of your debt back through the plan, the trustee won't be very interested in your pay increases.

    Finally, fewer than 5% of people who file Chapter 13 on their own are successful. You really need to sit down, interview, and then hire an attorney for the greatest chance of success. There are some good ones here on Avvo. Good luck to you.

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  • I filled for bankruptcy it was dismissed because I could not pay will it show up on a background check

    I have been hired by a contracting company to work on the local air force base I have to fill out a paper for a background check one of the questions is have you ever filled for bankruptcy I am not sure what to put down

    Hale’s Answer

    You filed bankruptcy, but it was dismissed. So, when asked if "did you file bankruptcy," the answer must be, "yes." You did not obtain a discharge, and perhaps you can explain this. But the bankruptcy filing is a public record, regardless of the outcome. Good luck on the job.

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  • EDD overpayment dischargable in Ch 7 no-asset filing

    I am in the process of filing chapter 7 bankruptcy Pro Se. The EDD is garnishing my wages. Will I be able to stop the garnishment with an automatic stay? Is this non fraud related debt dischargable?

    Hale’s Answer

    The automatic stay stops all debt collections and garnishments (except child support). Your garnishment should stop.

    I have successfully discharged debts related to overpayment of unemployment benefits.

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  • My mother in law is getting garnished because her husband has unpaid medical bills that add up to $8,000.

    She is the only one that is working, and she has a family of 6-7 to take care of plus house bills, and food. Is there any way that she can do payments, because she got the letter about her wages being garnished today.

    Hale’s Answer

    I'm sorry to hear about the situation. The creditor is not under any obligation to accept payments or settle at this point. There was a contract. The contract was breached. The creditor obtained a judgment, and is now collecting on it. In many jurisdictions, the amount being garnished can be reduced through an "exemption." (the language may be different in your state).

    Basically, if your mother-in-law can show the judge who ruled against her that she needs that money to support the family, the judge may reduce the garnished amount.

    As an aside, bankruptcy stops garnishments and discharges the debt that caused it. For more information, you both should arrange a consultation with an attorney.

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  • Is chapter13 a option?

    Filed chapter 7 in October 2010 hot a auto loan February 2011 after chapter 7 discharge i lost my job car got repod September 2012 what are my options to clear this debt

    Hale’s Answer

    You can file Chapter 13, but won't be eligible for a discharge. Given that you lost your job, the Chapter 13 may not be feasible. So you can file the bankruptcy, but should you is a different question. You should see a local bankruptcy attorney for a consultation to determine your income and expenses and possible plan payment.

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  • What do I do about a summons I keep getting when I'm away due to defaulting on credit payment?

    Not home when this happens, my mother always answers the door to these people. They've been over twice now. I've defaulted on credit card payments because I was unemployed for a couple of years and am currently low income with a job. They wante...

    Hale’s Answer

    There are not enough facts to answer your question. I advise your mother telling these nice gentlemen who come to your house when you'll return. Then you can accept service. At that point, you'll know exactly what this document is, and who it's from. It's possible that you have other debts who are asserting their rights to come after you for breach of contract. It may be you won the Publisher's Clearinghouse sweepstakes. Until you get served and read the actual document to see what it's asking for, you just don't know. Good luck to you.

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  • Chapter 13 was just dismissed without confirmation.

    "If the chapter 13 Plan was not confirmed prior to a dismissal, any moneys held by the trustee, less the trustee's fees, attorney fees and/or adequate protection payments will be returned to the debtor at least fourteen (14) days after the court e...

    Hale’s Answer

    The attorney is entitled to be paid for the work he or she did. Generally speaking, Chapter 13 cases are very time-consuming. While dismissal is always a disappointing result, bankruptcy is not a "congingency fee" speciality where you only pay if the case gets confirmed. The attorney's compensation will be guided by your contract and their time spent. Chances are they won't have to fabricate much; Chapter 13 cases are quite labor-intensive.

    Review your retainer agreement. I'm sorry for your outcome.

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  • I got a chapter 7 discharge about one year and a half ago. I need to restructured a new debt under chapter 13. Can I do it?

    I got a discharge from chapter 7 over a year ago. I have now been a resident of another state for longer than one year. I debt kept growing in my former state and the debt holder has sued me and won. I am currently unemployed and cannot pay the s...

    Hale’s Answer

    You are not eligible to file bankruptcy at this time. The powerful "get out of jail free" card of bankruptcy can be used only periodically. and there is no refuge in bankruptcy court available for you for at least a couple more years.

    You'll want to consider negotiating a settlement with your creditor, or (depending on your assets), maybe a potential lawsuit and/or judgment against won't affect you if you're judgment-proof.

    Good luck to you.

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  • I'm Currently in Chapter 13 but want to convert to a 7 before I get married but I previously filed and received a discharge.

    I filed a chapter 7 in July 2005 with my now ex-husband and received my discharge in November 2005. I just had my chapter 13 plan confirmed not too long ago but I want my business concluded before my marriage in September. The 8 year waiting perio...

    Hale’s Answer

    • Selected as best answer

    First, you are not eligible to receive a Chapter 7 discharge at this time. Converting would not help you with your goals. You may consider having this case dismissed, and then paying and filing a new bankruptcy (Chapter 7) in or after July 2013.

    Second, you have concerns about attorney fees, and the very real prospect of paying your lawyer more money for a potential Chapter 7. Realize that Chapter 13 cases are time-consuming and labor-intensive for attorneys. Any fees you agreed to pay your lawyer through the plan are most likely due to go to the attorney. In many cases, the trustee will pay the attorney for their work, even in dismissed cases. You should be happy about this.

    Third, just because you want to convert or otherwise be in Chapter 7 does not mean you get to be there. Remember why you filed back in 2005: the law was changing to make higher-income folks go to Chapter 13 because of that means test. The means test is very much alive, and doing a great job of filtering people out of Chapter 7 who have the ability to repay some or all of their debt. Your attorney can help you determine whether you'd even be eligible to be in Chapter 7.

    Finally, because you have an attorney, you really should sit down and strategize with them about how to proceed. That is why they're there. Good luck to you and your upcoming marriage.

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  • If I file chapter 7 bankruptcy and owe back storage fee's will the 'automatic stay' protect my unit from being locked and sold?

    If I am locked out do they have to wait until the case is discharged to sell it's contents? All items contained inside will be exempted in my bankruptcy.

    Hale’s Answer

    When a case is filed, all collection activity must stop. This becomes effective once you provide notice to the creditors, and in this case, the storage company.

    Note that creditors have rights, too. In some cases, it can put a lien on your items. Also, it can seek relief from stay, in essence asking the judge for the right to toss your stuff to the curb. It's not fair that you get future free rental time because of the bankruptcy, and a judge may be sympathetic to this argument unless you get current and stay current.

    Short answer: get current and don't count on the bankruptcy to give you any long-term protection from the creditor exercising its rights. See a local attorney for a consultation.

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