Questions answered by Benjamin Richard Heston

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Chapter 7 bankruptcy in 2013. Abstract of judgment filed in 2007. Will they be allowed to renew the judgment?

Benjamin's answer | Answered on January 04, 2016

You can reopen your case to file a motion to avoid the lien to the extent that it impairs a claimed exemption. Consult with an attorney who will...

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Riverside County, CA Bankruptcy Attorney needed, I am a small business & homeowner facing foreclosure.

Benjamin's answer | Answered on January 04, 2016

Attorneys are not allowed to solicit clients on AVVO. Feel free to use the "Find a Lawyer" tab to find a Bankruptcy attorney in Riverside, CA.

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When can I file bankruptcy again so as to have a full automatic stay?

Benjamin's answer | Answered on January 04, 2016

If you file now, your automatic stay will only last for 30 days and you will have to also file a Motion to Extend the Automatic Stay. If you wait...

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Few questions on bankruptcy papers

Benjamin's answer | Answered on January 04, 2016

You need an attorney to answer these questions (and many more you are likely to have). Filing with a paralegal may seem like the most cost...

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Can the creditor garnish my wages or freeze my banking account? Do I even consider going to court? What to expect if I do?

Benjamin's answer | Answered on January 04, 2016

I am not familiar of the laws regarding garnishment of wages, but most states allow it. It sounds like you are falling deeper into debt, bankruptcy...

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What is the most recent year of federal income taxes that might be discharged in chapter 7 bankruptcy?

Benjamin's answer | Answered on January 03, 2016

Mr. Gwynn got it spot on. You could discharge 2011 and earlier taxes (assuming they were filed on time). If you wait till April 15, you would also...

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Is Bankruptcy right for me? Should I file bankruptcy through paralegal or through an attorney?

Benjamin's answer | Answered on January 01, 2016

I agree with my colleagues that filing right now probably isn't your best option. There is a saying that "bankruptcy is for winners, not losers"....

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Pl. advice what forms to use to file chapter 13 and chapter 7 seperately? and where do i get the forms? Thank you.

Benjamin's answer | Answered on December 16, 2015

You can pick up the required docs at the BK court or download them off of the court's website. You should be forewarned that Chapter 13s are...

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Is there anything i can do about this besides bankruptcy?

Benjamin's answer | Answered on December 12, 2015

When a car is repossessed, the lender will sell off the car, offset the amount the received against your debt, and then you will be held liable for...

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Can I get my money back since I was never informed about the debt or collection of a debt without due notice?

Benjamin's answer | Answered on December 12, 2015

If you never received notice of the lawsuit against you, and there are no grounds for "substitute service", you may seek to have the judgment set...

Benjamin Richard Heston's Answers (170)

Chapter 7 bankruptcy in 2013. Abstract of judgment filed in 2007. Will they be allowed to renew the judgment?

Riverside County, CA Bankruptcy Attorney needed, I am a small business & homeowner facing foreclosure.

When can I file bankruptcy again so as to have a full automatic stay?

Few questions on bankruptcy papers

Can the creditor garnish my wages or freeze my banking account? Do I even consider going to court? What to expect if I do?

What is the most recent year of federal income taxes that might be discharged in chapter 7 bankruptcy?

Is Bankruptcy right for me? Should I file bankruptcy through paralegal or through an attorney?

Pl. advice what forms to use to file chapter 13 and chapter 7 seperately? and where do i get the forms? Thank you.

Is there anything i can do about this besides bankruptcy?

Can I get my money back since I was never informed about the debt or collection of a debt without due notice?