Archived
Filed for chapter 7 bankruptcy but i didnt include 401 k money I cashed out during the last 6 month period . Was I supposed to?
Michael's answer
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Answered on February 13, 2018
This should not be a problem. The term "income" refers to new money generated. The money in a 401k was earned and received long ago, and not new...
Archived
If I file for bankruptcy will my spouse be effected if we have never filed taxes together
Michael's answer
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Answered on January 31, 2018
The law requires any credit reporting to be truthful and accurate. The general rule is that your credit rating is unique to you and tied to your...
Archived
Where do I find the correct type of attorney to represent me.
Michael's answer
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Answered on January 30, 2018
I agree with you, litigation is not easy. Most attorneys representing creditors are beholden to large institutional entities that provide a steady...
Archived
Will the court run a PACER report if I file for bk 7
Michael's answer
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Answered on January 23, 2018
The system will automatically be aware of the prior case. Filing a new chapter 7 within 8 years of the prior case may bar you from a discharge but...
Can I file bankruptcy on my grandmother's behalf?
Michael's answer
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Answered on January 18, 2018
This raises a couple issues. First, she needs to qualify for bankruptcy which requires a review of her assets, debts and monthly budget. Assuming...
Archived
California MEANS TEST Question RE: 401K withdrawals before filing Chapter 7
Michael's answer
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Answered on January 03, 2018
Income for purposes of the Means Test is new money. Money in a 401k is your money in your account. Withdrawals from a 401k may have tax...
Can a mortgage lender go after assets such as cars, savings, 401k, retirement, garnishment, etc in a foreclosure situation?
Michael's answer
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Answered on December 21, 2017
California limits the rights of a first mortgage on residential property to pursuit of the collateral only. That means a first mortgage can...
Archived
California Law Question: Chapter 13 case being dismissed, no continued Trustee Sale date on residence
Michael's answer
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Answered on November 14, 2017
Fast! Be very careful with this. Typically, the mortgage company is not the best source of information. I suggest calling the Trustee Sale line...
I there a document I can give to the dealer we are surrendering our car to in ca ch 7 BK to remove our name from title etc?
Michael's answer
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Answered on November 04, 2017
Do not expect to have issues with this. When the finance company sells the car the new owner will want you off the title as much as you want to be...
When can you advise creditors / collectors of bankruptcy? Do you have to wait until it is discharged to start telling them?
Michael's answer
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Answered on November 01, 2017
You can inform the collectors you are planning to file bankruptcy right away. Unfortunately, unless you have a lawyer they may not believe you. ...
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