Archived
Chapter 7 bankruptcy. Term life insurance. terminally ill client. Can trustee force the disbursement from insurance b/c terminal
Gabriel's answer
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Answered on October 27, 2014
The value of the life insurance would have to be exempted to avoid liquidation in a Chapter 7. Insurance proceeds can be exempted to the extent...
Archived
I just filed chapter 13, and included my car, can the lien holder hold my car until I show proof of insurance ?
Gabriel's answer
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Answered on October 27, 2014
Whether or not they can hold the car pending proof of insurance is a touchy issue. They may be violating the automatic stay by doing so. The...
Archived
Bankruptcy question
Gabriel's answer
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Answered on October 27, 2014
A 1099-C is the lender's report that they forgave your personal liability on a debt. Forgiven debt, with some exceptions, is taxable income, so...
Can I get a garnishment from my bank account returned to me after I file Chapter 11 7 days after the garnishment?
Gabriel's answer
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Answered on October 24, 2014
This is something you need to discuss with your attorney. Generally, you can recover funds garnished within the 90 days prior to filing to the...
Archived
I received a money judgment in California, can this be discharged in bankruptcy?
Gabriel's answer
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Answered on October 22, 2014
The exceptions to discharge are listed in 11 U.S.C. 523. It includes domestic support obligations, among many other things. However, there are...
Archived
Can I request for a deduction of alimony payment if I am unable to afford payment due to concurrent student loan obligations?
Gabriel's answer
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Answered on October 22, 2014
This isn't really a bankruptcy question - bankruptcy could potentially help with many obligations, but alimony owed and student loans are not...
Archived
I just found out i have eviction and 3 liens on my credit report. if i file bankruptcy will it be removed.
Gabriel's answer
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Answered on October 21, 2014
I agree with Attorney Harrell, and would just add that you can only discharge judgment liens if certain factors are met. It depends on the equity...
Archived
Filing chapter 7 on my LLC. How is this different than a personal filing? What will I need to provide personally?
Gabriel's answer
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Answered on October 20, 2014
There are many differences. One of the biggest is that a corporation does not get a discharge in Chapter 7. Additionally, corporations (including...
Archived
Is this a class action?
Gabriel's answer
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Answered on October 20, 2014
Did you verify that the payment actually came out of your bank account prior to the date the payment was due, and that it covered the minimum...
Archived
If I do not reside in my property am I still entitled to the homestead exemption in a Chapter 7 Bankruptcy?
Gabriel's answer
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Answered on October 14, 2014
If you are not living there, it cannot be your homestead. You could still exempt equity in the house using the "wildcard," but that is limited to...
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