Can my PERS and other retirement accounts be taken in a bankruptcy? $16,000 in PERS, $2,000 in IRA and $1,000 in 401K. Thanks
Mark's answer
|
Answered on January 18, 2015
If they are in a qualified retirement account, they are exempt up to a bit over $1 million in a bankruptcy proceeding. However, as others have...
Archived
Filed Chapter 7 in Feb. 2014, now Jan 2015 trustee wants my 2014 refund. Do they only get it for the months of Jan. & Feb.?
Mark's answer
|
Answered on January 16, 2015
Trustee should only be entitled to the portion of your refund that relates to income you earned prior to the bankruptcy case being filed. Whether...
Archived
Is my Ch7 bankruptcy mortgage reaffirmed?
Mark's answer
|
Answered on January 16, 2015
The debt was reaffirmed if the agreement was properly signed and filed with the bankruptcy court before the discharge was entered. If you were...
Archived
In Chapter 7, is there a procedure for removing an IRS lien in Bankruptcy Court if the debt is dischargeable?
Mark's answer
|
Answered on January 15, 2015
If your jurisdiction allows lien stripping under 11 U.S.C. 506 in a Chapter 7 case, then you should be able to seek to strip an IRS lien if the...
Archived
Can I file bankruptcy with an Az lawyer for bills in another state?
Mark's answer
|
Answered on January 15, 2015
Where your debts were incurred is utterly irrelevant to where your bankruptcy case would be filed.
Venue for filing bankruptcy is based on where...
Is the judgment money an unsecured debt or a secured one?
Mark's answer
|
Answered on January 02, 2015
I have to disagree with the other answers a bit. A judgment is not a secured debt. It can become one, but it is not by itself. A judgment is...
Archived
Proof Of Claim Confusion
Mark's answer
|
Answered on December 31, 2014
A proof of claim in a no-asset Chapter 7 case is both unnecessary and meaningless. In any event, it is never an adversary.
Archived
How long does it take to file a chapter 11 in DC?
Mark's answer
|
Answered on December 22, 2014
Assuming you can pay all the required fees (filing and attorney's), can find an attorney willing to take on such a case, and can provide the...
Archived
In a 13 bankruptcy case: I have a car that is valued at less than the loan. How do I exempt this?
Mark's answer
|
Answered on December 22, 2014
There isn't anything for you to exempt with the numbers you provided. But you may not be using the correct valuation method on your vehicle. ...
Archived
CREDITOR CHANGE HIS NAME FOR CHAPTER 7
Mark's answer
|
Answered on December 19, 2014
The issue isn't "adding" him. You either owed the debt prior to filing your bankruptcy case, or you didn't. Assuming it was a "no-asset" chapter...
Selected as the best answer