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Matthew Erik Johnson
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Matthew Johnson’s Answers

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  • If I am going to a creditors hearing in a bankruptcy 13 hearing as acreditrr,and in order to prevent me from ttending the my ex

    files a TRO for civil harassment against me without my ever knowing it to prevent me from attending coming, will this prevent me from attending the hearing. If she does this before the hearing and I never get notice of the TRO? Do I have a right t...

    Matthew’s Answer

    First, from this it looks like you do have notice of the TRO.

    In any event, a court hearing is always an exception to a TRO, and you may attend. However, I highly recommend hiring an attorney to do so for you, as making a scene or showing up unprepared will have no benefit.

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  • Am I supposed to be served 28 das b4 the the creditors meeting a copy of the plan if I am an only listed as a "creditor" civil

    action against debtor? I read LBR 3015.1 b3 where it states the creditors are to receive a copy of the plan 28 days b4 meeting. In the debtors filing she put the last 4 digits of my case no as an account #. Since she never owed me $ but I a suing ...

    Matthew’s Answer

    If you were never a creditor then there is no obligation to provide you with a copy of the proposed plan. You must be an actual creditor or have an actual case against the creditor at the time of filing.

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  • Can I file for Divorce while I have a Personal Bankruptcy going through? Separated for a year now, live in different states.

    I have been separated from my ex for a year. Moved out in Aug 2014 and left the state. I filed for personal Bankruptcy here in Nevada, but don't want to wait for 4 months to file for divorce to have that take another 90 days. There is NOTHING to s...

    Matthew’s Answer

    • Selected as best answer

    You can certainly file. All of your debts prior to filing will be discharged regardless of whether they are community debts or non-community debts.

    HOWEVER, it is a good idea to divorce and then negotiate a settlement. Why? Because non-maintenance settlement debts are dischargeable in a Chapter 13 case. So if you negotiate a settlement which requires payments to a former spouse to balance out a property split, that settlement amount is dischargeable, and you get to keep any property that you can cover if the Chapter 13 plan can be confirmed.

    If you plan on filing Chapter 7, then it won't matter, you can file anytime.

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  • In which state will I need to file bankruptcy?

    Have already done preliminary research. Please correct me if I am wrong in anything which I state. I moved to AZ from CA <2 years ago. I understand if I file for ch 7 from today up until 2 years passes that I would be filing for BK in CA using the...

    Matthew’s Answer

    You can file in the state where you have lived for roughly 6 months. You use the exemption laws of where you have lived the majority of the previous two years. Hope this helps.

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  • Notice of deadline to file proof of claim Chapter 7 bankruptcy? What does this mean?

    My chapter 7 bankruptcy was discharged at the beginning of June of this year. Today I received a letter of Notice of Deadline To File Proof of claim. Stating that creditors are hereby notified that a dividend now appears possible in this case. The...

    Matthew’s Answer

    Bankruptcy courts only allow for a specific time frame for a creditor to assert that they own a claim of the debtors and provide proof of said claim to the bankruptcy court. This is necessary if there ends up being a distribution, as the bankruptcy trustee will only disperse funds to those creditors who have filed a proof of claim.

    In most chapter 7 cases creditors will wait to see what happens after the debtor's 341 hearing, as the Trustee will file a report of anticipated distribution or a report of no distribution.

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  • Chapter 7 bankruptcy and privacy

    I think famous people can seal court cases to protect their privacy? Can a nom-famous person seal a bankruptcy case to protect their privacy?

    Matthew’s Answer

    There are some instances where a court will seal cases. For example to give back certain voting rights or gun rights years after a low grade felony with no history since. You would want to consult with an attorney who has done this before, as the cost would be worth making sure it gets done right the first time.

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  • Legal check recovery

    I've been getting calls every day non stop from legal check recovery. I finally answered and they said my husband had a loan that had to be paid because he had a warrant for his arrest for check fraud. And if i didn't pay he was going to be detain...

    Matthew’s Answer

    I agree with the others. This sounds like a scam and you should definitely call the authorities and report the incident along with the information regarding where payments went to. In the future make sure you request proof of the debt my mail and verify with the necessary parties before shelling out money to these jerks.

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  • How much of my Roth IRA is protected from creditors (without having to go bankrupt) in Nebraska

    I read somewhere something about an amount that is "reasonably necessary for my support" but I wasn't sure if that was ever defined, or whether creditors just ignore Roth IRA assets because it would require lawyers / a judge to determine that in m...

    Matthew’s Answer

    Nebraska does not specify an amount, but it does protect enough funds in an IRA to support the debtor and the debtor's dependents. When and if a judgement is reached against you, I highly recommend you hire an attorney to make sure you properly exempt your IRA to the maximum amount using Nebraska laws.

    If you cannot exempt the entire amount, then you should certainly look at declaring bankruptcy. Bankruptcy laws protect ALL retirement accounts in full up to $1,000,000 in most states.

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  • Chapter 13 dismissal unreasonable delay I'm trying to get it remove off my Equifax credit report. It's been their for 8 yrs.

    I never wanted to file at the time I was just looking for answers But they filed with out my knowledge at the time. But it has been 8 years now around July 2008. they said I have to August 2018. But is their any way i can remove it sooner off my...

    Matthew’s Answer

    • Selected as best answer

    I agree that a bankruptcy petition cannot properly be filed without your knowledge. However I have had one other instance where that was true. If the case was filed under your name with no signatures from you, then you should open up a case with the 3 credit reporting agencies, and contest the item on your credit. Note that you did not sign the petition and it was filed under your name and social security number but you never authorized the law firm to file it.

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  • Can I sue student loan servicer, Navient, for billing me for late fees on a $0 monthly payment?

    Ever since my loans were transferred or assigned to Navient after it was split off from Sallie Mae I have been billed late fees on my student loans which due to my Income-Based Repayment Plan my payment is $0 per month. I really can't afford these...

    Matthew’s Answer

    You could, you would need to find a lawyer and the possible expense might be high - too high to warrant a lawsuit. Whether you are looking at small claims court or a legitimate lawsuit would depend on the "amount in controversy" in Alabama. In Washington if the suit is for less than $5,000; then the case has to go through small claims. If its more, or you are seeking equitable relief, then you can sue in another court.

    But make sure you have proof that the late fees came after there was already a $0 balance. My advise is to visit a lawyer who has done cases like this to get his viewpoint in person.

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