Archived
We recently filed Chapter 7 but haven't been discharged yet. Can we pull money out of a 401k to start a business?
Mark's answer
|
Answered on November 11, 2010
The income from the 401k isn't the issue, it's whether or not it is exempt, which it is. So, there shouldn't be anything wrong with you pulling...
Archived
I applied monies to shareholder loans. Will the Trustee come after me?
Mark's answer
|
Answered on November 11, 2010
If the loans were repaid to you more than one year prior to the bankruptcy case being filed, then you should be safe as far as the Trustee pursuing...
Archived
Questions about Chapter 13 Bankruptcy and loans and liens on the property after filing
Mark's answer
|
Answered on November 09, 2010
To supplement the other answer on this, the junior liens are not removed unless you file a separate motion to remove the lien (and some judges...
Archived
Is there anyway to get the information on the 341 Bankruptcy meeting notes? Is that information available to creditor / public?
Mark's answer
|
Answered on November 09, 2010
The 341(a) meetings are recorded and are a matter of public record. You can order a tape of the proceeding from the Office of the U.S. Trustee for...
Archived
If I rent an apartment before filing for chapter 7, will my apartment manager know
Mark's answer
|
Answered on November 09, 2010
No, if it's month-to-month you do not need to list the lease.
Mark J. Markus, Attorney at Law
http://www.bklaw.com/
Car repossessed after chapter 7 discharge. No reaffirmation agreement filed. Can I reopen to get it filed and get car back.
Mark's answer
|
Answered on November 08, 2010
I'll skip asking why it took a year for you to get a discharge in a Chapter 7 case, and get to your question: No, you cannot reopen a bankruptcy...
Selected as the best answer
Archived
CA chapter 7 bankruptcy. Can I discharge mortgages?
Mark's answer
|
Answered on November 08, 2010
The way you state your question is unclear. Yes, you can discharge debt owed on your mortgages. If you're asking whether or not you can remove...
Archived
How to update my address?
Mark's answer
|
Answered on November 08, 2010
You absolutely must file a change of address with the court and serve a copy on your case trustee. In federal court, service of legal process is...
Archived
I filed for Chapter 13 and it was later dismissed. Can my debtors go after me again? If I don't pay, what kind of penaties?
Mark's answer
|
Answered on November 08, 2010
If your case was dismissed, your creditors have the same rights and remedies as they did before your case was filed, as if it was never filed. ...
Archived
My Mother filed for bankruptucy in July. Although it was discharged in November, the trustee is making a claim on my property.
Mark's answer
|
Answered on November 06, 2010
You need to hire an attorney. The facts aren't clear, but it seems like what occurred is your mother fraudulently transferring her interest in...