Questions answered by Malcolm Ruthven

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Filing bankruptcy then inheriting half estate of fathers with brother

Malcolm's answer | Answered on April 21, 2010

I'm not clear who the "we" is in "if we file", but if you file a Chapter 7 bankruptcy, any inheritance you receive within 180 days after filing may...

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If a civil judgement allows garnishment of wages, can i direct deposit into an account that does not have my name on it?

Malcolm's answer | Answered on April 21, 2010

I don't really understand your question because a garnishment of wages is done through the employer who pays the wages. The employer is under a...

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BK question: If some equity in home, is it at risk if am personally signed on biz loans?

Malcolm's answer | Answered on April 19, 2010

First, your personal assets including your home are at risk from the business loans that you signed personally. That's why they had you sign the...

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Can filing bankruptcy erase what you owe the IRS?

Malcolm's answer | Answered on April 19, 2010

Bankruptcy can eliminate back taxes only if strict requirements are met. I'll list the basic requirements here but you should know that it's more...

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Do I tell my creditors that keep calling that I filed bankruptcy?

Malcolm's answer | Answered on April 18, 2010

The court will notify them, but there's no reason for you not to tell them when they call you. Give them the court name and the case number and...

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If i've be sued and decision has be rendered against me by creditors to pay can I declare bankruptcy including that creditor.

Malcolm's answer | Answered on April 17, 2010

The answer is yes, you can discharge (eliminate) that judgment amount in a Chapter 7 bankruptcy. But if they already have a judgment lien on your...

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If my wife files for bankruptcy and we have a loan together do i also have to file to get rid of it-we can't afford the loan

Malcolm's answer | Answered on April 17, 2010

Unless New York has some different husband-wife laws, you'd also have to file to keep them fron coming after you for the debts that you signed for....

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If my husband incurs credit card debt, will I be responsible for 50% of it in a divorce?

Malcolm's answer | Answered on April 15, 2010

That depends completely on the agreement you and your husband create as a part of your divorce. Make sure you retain a good family law attorney.

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My tustee denied both my homestead and cash exemption as well as other relief that the court deems just and proper such as attys

Malcolm's answer | Answered on April 15, 2010

On the face of it, it seems that if you want to retain the homestead and cash exemptions from creditors (keep those assets from being taken by the...

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I have about 120,000debt on credtt card,and business line and 113,000 used for keeping my business

Malcolm's answer | Answered on April 15, 2010

It's difficult to know your situation from your question. There are many possible issues here involving an LLC, debts for both business and...

Malcolm Ruthven's Answers (817)

Filing bankruptcy then inheriting half estate of fathers with brother

If a civil judgement allows garnishment of wages, can i direct deposit into an account that does not have my name on it?

BK question: If some equity in home, is it at risk if am personally signed on biz loans?

Can filing bankruptcy erase what you owe the IRS?

Do I tell my creditors that keep calling that I filed bankruptcy?

If i've be sued and decision has be rendered against me by creditors to pay can I declare bankruptcy including that creditor.

If my wife files for bankruptcy and we have a loan together do i also have to file to get rid of it-we can't afford the loan

If my husband incurs credit card debt, will I be responsible for 50% of it in a divorce?

My tustee denied both my homestead and cash exemption as well as other relief that the court deems just and proper such as attys

I have about 120,000debt on credtt card,and business line and 113,000 used for keeping my business