Archived
If one has attorney's fees assessed in a final divorce decree, will filing for bankruptcy eliminate that debt?
Waymon's answer
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Answered on December 13, 2014
When the BAPCPA was enacted in 2005, it made all attorney fee awards made as a part of a divorce action part of what is called "domestic support...
Archived
Will my tax refund be affected in I have already received a discharge for my chapter 7 bankruptcy?
Waymon's answer
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Answered on December 13, 2014
No. Your Chapter 7 case from 2013 should already be closed out and discharged. The panel trustee should have already filed a report of no...
Archived
I was served a summons & complaint for a credit card debt for my wife. I have a POA . I have filed a request for validation of
Waymon's answer
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Answered on December 13, 2014
There are quite a lot of street myths surrounding powers of attorney. Many persons who deal with the legal system look at POAs as grants of...
Archived
Can I have a lien removed from my NY state vehicle title if the loan was included in my bankruptcy?
Waymon's answer
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Answered on December 13, 2014
If the lien was recorded on the motor vehicle title, it survives your discharge, because it is a secured debt, and the lien was created by...
Archived
Am I still liable for 2007 overdue taxes if I declared bankruptcy in 2008 but neglected to list the overdue tax?
Waymon's answer
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Answered on December 13, 2014
As a general rule of thumb, assuming you file your tax return on or before the April 15th due date, it will take more than three years after the...
Can an over payment of Long Term Disability through my previous employer be written off through Chapter 7 bankruptcy?
Waymon's answer
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Answered on December 13, 2014
You should go to a Utah attorney, and have your LTD PEHP plan reviewed by an attorney that has filed claims under this plan. I strongly suspect...
Archived
How long does a police officer have to read you your Miranda rights? And is any or all legal?
Waymon's answer
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Answered on December 13, 2014
There are many street myths about the application of the U.S. Supreme Court holding Miranda vs. Arizona. Reading Miranda rights to a suspect is...
Archived
After a property is sold, who is responsible for making sure the property taxes are paid?
Waymon's answer
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Answered on December 13, 2014
At a real estate closing, the taxes should have been prorated between the buyer and the seller, based on the date during the year when the closing...
Archived
Collateral attack
Waymon's answer
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Answered on December 13, 2014
Collateral attack also means to file a motion to set aside a judgment in civil court, for something like insufficiency of service of process. This...
Archived
Chapter 7 and income tax refund question
Waymon's answer
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Answered on December 13, 2014
When I prepare a Chapter 7 case for filing, if the case will be filed during tax season, I look at the amount of state and federal tax refunds that...
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