Archived
I live in CA and want to file for chapter 7 I own a house in NJ, can I claim an exemption if so which one would benefit the most
Robert's answer
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Answered on January 10, 2011
How much is the house worth and what do you owe on it? You wont be able to use the California homestead exemption to protect it but you can use...
Archived
Can unemployment ask for overpayment when it was discharged in bankruptcy court they said the never got the banruptcy paper and
Robert's answer
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Answered on January 10, 2011
Throughout most of the country, assuming no assets were administered by the court, dischargeable debts are discharged even if you didn't list the...
Archived
Ken we keep our s-corp after filing ch7 since it is our only income?
Robert's answer
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Answered on January 10, 2011
Your S corp stock is property of your bankruptcy estate. Bottom line, you need to figure out how much you could reasonably sell your business for...
Archived
In chapter 7 and have a judgment against me from credit card. Want to file motion for lien avoidance. timeline? hearing needed?
Robert's answer
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Answered on January 10, 2011
Just in case the obvious has been overlooked: You do not need to file a motion to avoid a lien if 1) A judgment was issued but no lien was...
Archived
When i list tax debt on my chapter 7 bankruptcy petition what happens? do i need a hearing? who determines whether discharged?
Robert's answer
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Answered on January 10, 2011
If the tax is dischargeable, listing it and giving notice to the proper agency will usually be enough. I caution you however that the rules in...
Archived
What happens in court if I miss a court appointed visitation with my child?
Robert's answer
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Answered on January 09, 2011
If it's a one time thing and you give her significant notice (couple of weeks) I doubt you'd have a problem, Put the notice in writing, make it...
Archived
Can a landlord just walk into your home when tentant has company and demand rent in front of tenants company?
Robert's answer
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Answered on January 09, 2011
Landlord can only enter under conditions above. Therefore, you could have called the police for tresspass. You could sue your landlord in civil...
Archived
If you have a small business can you continue operating while in the midst of a chapter 7
Robert's answer
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Answered on January 04, 2011
If you file a Chapter 7 and your business operates as an LLC or corporation, there's rarely a problem. If you operate a sole proprietor, the...
Archived
How long does it take for a Chapter 7 Bankruptcy to be complete.
Robert's answer
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Answered on January 02, 2011
When all goes well in a "no asset" case, you'll be eligible for your discharge in about 100 days from filing. However, depending on how busy the...
In a Chapter 7, how is the value of my assets assessed? Does someone come to my home and check what I own?
Robert's answer
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Answered on January 02, 2011
I ask my clients to give me their best guesstimate as to what a particular item would sell for at a garage sale. Tehnically speaking, the law asks...
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