Questions answered by Robert Lewis Firth

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Will the bankruptcy court be able to garnish my social security check since I can't pay any other way?

Robert's answer | Answered on February 09, 2016

There is a cap on the social security exemption, but it is fairly generous. IRS and student loan lenders can, however, seize. Please consult with...

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What recourse do I have against someone pursuing pre-petition debt?

Robert's answer | Answered on February 05, 2016

If they are asking for more money that they put in their claim to the chapter 13 trustee, they they are in violation of the discharge injunction. ...

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Do I need to amend Schedule C to show an inheritance I received a year and a half prior to filing bankruptcy?

Robert's answer | Answered on February 05, 2016

The trustee gave you good advice and appears to be doing more than one would expect.

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Can i still collect on a judgement if the restaurant it's against reopens elsewhere, maybe even with a different name?

Robert's answer | Answered on February 04, 2016

You really need to talk to an employment/ wage and hour attorney, but I will speculate that if the owner is operating as a sole proprietorship you...

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How to get rid of debt and debt collectors, do I need to go file for bancruptcy

Robert's answer | Answered on February 02, 2016

Based on the facts presented, your best option appears to be a chapter 7 bankruptcy. Click on the Find a Lawyer tab on AVVO to find a lawyer in...

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Do I need to hire and attorney? What should my next steps be?

Robert's answer | Answered on February 01, 2016

You have totally mis read the summons. (That appears to be what you received.) The "court date" is not the date for you to appear. It is the date...

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Will I be able to keep the $46,000 I received from sale of my home when I file BK. If no, how much can I keep?

Robert's answer | Answered on January 29, 2016

Under 703 you can keep approximately $26,000 of of "wild card" exemptions if you don't have a hioiuse. You can keep $5,000 of equity in a car. ...

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My car is a 2007 in which I am making payments. I owe almost as much is it is worth in fair conduction. Does CA. have wild card

Robert's answer | Answered on January 29, 2016

Under CCP 704 you are allowed $2900 of equity in your car in the event a judgment lien holder tries to seize it. Based on your facts provided, you...

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What options do I have for holding him responsible for the debt? How can I protect myself from being responsible for the debt?

Robert's answer | Answered on January 26, 2016

Attorney Taylor gave you excellent advice. If your name was on the boat title, I don't see how he could have gotten it off without fraud on his part.

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What do I do? Do I wait for them to garnish wages and ask for a decrease in payment

Robert's answer | Answered on January 25, 2016

A judgment in California is only good for ten years unless it has been registered for an additional ten years. The first thing you need to do is...

Robert Lewis Firth's Answers (4085)

Will the bankruptcy court be able to garnish my social security check since I can't pay any other way?

What recourse do I have against someone pursuing pre-petition debt?

Do I need to amend Schedule C to show an inheritance I received a year and a half prior to filing bankruptcy?

Can i still collect on a judgement if the restaurant it's against reopens elsewhere, maybe even with a different name?

How to get rid of debt and debt collectors, do I need to go file for bancruptcy

Do I need to hire and attorney? What should my next steps be?

Will I be able to keep the $46,000 I received from sale of my home when I file BK. If no, how much can I keep?

My car is a 2007 in which I am making payments. I owe almost as much is it is worth in fair conduction. Does CA. have wild card

What options do I have for holding him responsible for the debt? How can I protect myself from being responsible for the debt?

What do I do? Do I wait for them to garnish wages and ask for a decrease in payment