Archived
Is it too late to set up a spendthrift clause in a revocable living trust to protect the beneficiary from chapter 13 creditors?
Robert's answer
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Answered on February 17, 2014
The answer depends on when you are entitled to the funds, if any, from the trust. If you only are to receive funds when they die, then they can...
Archived
Is paying an amount less than the minimum asked better than paying nothing at all?
Robert's answer
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Answered on February 17, 2014
More information is needed. My guess is that she is "judgment proof" - her only assets and income are exempt from the claims of creditors. Many...
Archived
WA bankruptcy question about one spouse fling and the other not
Robert's answer
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Answered on February 17, 2014
It seems to me that that key in is the terms of the prenuptial agreement and it enforceability. There is a presumption that wages earned during...
Archived
Can pay day have you arrested?
Robert's answer
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Answered on February 17, 2014
"They" can't have you arrested, normally. If they think you have committed a crime then they can ask the prosecutor to press charges and that...
Archived
Is a SEP-IRA protected from creditors?
Robert's answer
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Answered on February 12, 2014
It appears exempt (No surprise). IRA - Qualified IRAs including IRAs and Roth IRAs are exempt. (Civil Practice Law and Rules §5205). I have...
Archived
My husband and I are being sued. The judgment creditor is seizing our property. Can they seize property from the corp. we own?
Robert's answer
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Answered on February 11, 2014
As a general rule, you own the shares of stock in your corp. just like you might own shares in Microsoft. That means, if done correctly, you do...
Archived
About how much would it cost to file a Chapter 7 bankruptcy?
Robert's answer
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Answered on February 11, 2014
Only part of filing is listing your debts. Find someone that knows what they are doing and charges a fair price. Good luck!
If I file Chapter 7 bankruptcy, can I keep any credit cards?
Robert's answer
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Answered on February 11, 2014
Dorothy's answer is right on. The other thing to consider is that you will very likely get credit card offers after you file. They may not be the...
Archived
If I file bankruptcy before I get married will it affect my future spouses credit too?
Robert's answer
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Answered on February 10, 2014
It will not affect his credit. If you jointly apply for an account, then your credit will be an issue. I have added a useful link below, as well.
Archived
I live in Arizona, and was considering filing Chapter 7. I wanted to know if I would be required to sell my vehicle
Robert's answer
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Answered on February 10, 2014
You may have a problem. It appears that you can exempt $6K in equity. I have attached a link below.
A.R.S. § 33 - 1125(8) - "Equity in one...
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