Archived
Bankruptcy chapter 7 tax debts. Can tax debt be dischargeable if the returns were filed LATE but still over 3 years ago?
Brian's answer
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Answered on August 06, 2013
Based on your facts, those taxes would be discharged in a Ch7 BK because (a) they were due (incl extensions) more than 3 yrs ago and (b) you filed...
Archived
Small Claims Question
Brian's answer
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Answered on August 06, 2013
Yes ... Mr Steingraber has laid it out for you.
Archived
Can I withdraw Ch 7?
Brian's answer
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Answered on August 05, 2013
You've left out some critical information. If the Trustee hired an attorney, the Trustee must think there may be some non-exempt assets he could...
How do I fire my bankruptcy lawyer? Is it sufficient to notify him, or do I need to file something with the court also?
Brian's answer
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Answered on August 05, 2013
Which schedule needs to be amended ... Schedule C? and how much does the Trustee want you to pay (presumably to hang onto an asset you wish to...
Archived
My husband is filing Chapter 13. Why do I need to submit my income details when this has nothing to do with me.
Brian's answer
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Answered on August 05, 2013
Since I started practicing (before 2000), when spouses are living together the income of the non-filing spouse must always be disclosed.
Archived
I owe a credit card debt of 10-k for over 4 years in CA. I was served the other day. How dose the status of limitation work?
Brian's answer
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Answered on August 05, 2013
Yes - you need to respond if you want to allege the S of L defense. If the amount warrants it, and you are uncomfortable filing the Answer...
Archived
When do I pay back an undischarged loan in a Ch 13?
Brian's answer
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Answered on August 05, 2013
Interest will accrue during the plan; but, presumably, you will be paying back some if it during the plan as well. If your attorney can figure out...
Archived
My separated wife is evading being served divorce papers. She is a permanent resident temporary who entered with a fiancé visa
Brian's answer
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Answered on August 04, 2013
The answer to the one question in your post is: No, you are not stuck married to this person. What efforts have you made to serve her. If you...
Archived
IS MY DISSOLUTION STILL VALID IF MAIDEN NAME WAS USED TO FILL AND NOT MARITAL?
Brian's answer
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Answered on August 04, 2013
Yes ... as long as your ex was given proper notice of the action.
Archived
Can i pay past due child support outside of Chapter 13 plan?
Brian's answer
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Answered on August 03, 2013
If your Trustee does not object to you paying arrears through your wage garnishment, you should confirm your Plan a.s.a.p.
That is preferable to...
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