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Bankruptcy & Retirement Fund Loan / PaymentsState is NJ.

Bankruptcy & Retirement Fund Loan / Payments.State is NJ. How bankruptcy treats retirement funds (401K, etc) loan and payments for this loan? Can payment be part of the mean test / a valid expense? Will this be a concern of the Trustee to notice how this loan was spent? If the loan is over a year old? I understand this loan is not discharged in either 7 /13 as this is loan and payment to oneself.

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DrakeLAW

Juris Doctorate

 
314 satisfied customers
My name is ***** ***** I have debt situation to ask advise

Hi My name is ***** ***** I have debt situation to ask advise aboutJA: Thanks. Can you give me any more details about your issue?Customer: Of course and thanks in advance Here we go: I own the house that is worth about $950k and mortgage is $760k I recently lost my business and can not keep up with payments My wife makes about $100k but after taxes it is not enough to pay mortgage, cars, insurance etc Additionally I have about $70k in credit cards debt Also I own condo outright (1 bedroom), its worth about $80k no and i have a tenant Lastly , we have about $250k in retirement accounts (IRA and 401k) We have two children and I am searching for work for 2 months and can not find anything (I have BS in Electrical Engineering) So my options are : bankruptcy (but I would probably loose condo) foreclosure (but i will loose equity) sell the house (but i can not keep up with payments) Do nothing (it means foreclosure) Sale the house (it takes time and my payments will be delayed) And finaly I was thinking to borrow money from 401k, pay off credit cards, sell the house and hopefully return money to 401k from equity and then rent something..... I am badly Screwed.......Any advise?JA: OK got it. Last thing — Bankruptcy Lawyers generally expect a deposit of about $18 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.

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Phillips Esq.

Attorney

Juris Doctor

 
16,572 satisfied customers
State is NJ. What is considered as monthly income mean

State is NJ. What is considered as monthly income for the mean test. For example. on the paycheck it says the following.Before Tax incomeRegular $3000Vacation HRs 7.50 Amount $400Holiday HRs 7.50 'Amount $400Total: $3,800After all Deductions: Money goes to the bank account is $2, 600So what is the income that should be consider for the income cap? $3000, $3800 or $2600?

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Terry L.

Partner

Doctoral Degree

 
2,832 satisfied customers
Is income from a retirement fund exempt from seizure in a

Is income from a retirement fund exempt from seizure in a judgment of credit card suit in Texas?

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mmdesq

Attorney

Doctoral Degree

 
874 satisfied customers
Locked by Customer Service

I'd like to ask a question regarding chapter 13 bankruptcy. I have someone who wants to file but only qualifies for 13 not 7. He has paid the attorney the retainer fee - and were instructed at that point to stop making their monthly bill payments. Theyare working right now to save the attorney fees and hope to file next month. One thing that he has not been able to ever do is begin contributing to his work 401K program - would there be an issue if he started a very small contribution to this between thetime that he retained the attorney vs when he files and begins his repayment or does he need to wait until the repayment is complete?

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4,348 satisfied customers
I was forced to file Chapter 11 bankruptcy in August 2010.

I was forced to file Chapter 11 bankruptcy in August 2010. In December 2010 I attended a workshop taught by Wells Fargo whistleblower Beth Jacobson and discovered that the POC filed on my case were wrong. 6 banks were all claiming ownership when in fact there were 6 REMIC trusts that owned the mortgage. As I went forward my plan was confirmed but I denied the 6 POC filings since I knew they were to the wrong FEIN and not a REMIC. I made payments per the plan but some banks refused to admit I was right, falsely claim I wasn't making payments and began motion to lift stay. Since I am a real estate investor, former banker, a PI, and was referenced as a "sophisticated investor" in court, I could commit perjury. Finally in 2012 I fought for a dismissal as opposed to risking fraud upon the court, perjury and possibly jail. In 2013 - 2014 the real REMIC owners began updating land records with assignments that confirm most of the mortgages were owned by the REMICs I sited. In November of 2013 I filed a 2nd chapter 11 in a different state, in hopes of AP filings for damages, etc. There was only 1 disputed POC filed in this case by the banks and they cited the REMIC as owner.1. Can I file for civil and/or criminal damages for false filings in 1st bankruptcy?2. Now they are telling the truth, what is the best way to collect 5yrs of damages. lost wages, etc. due to false POC?

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TJ, Esq.

Juris Doctor (JD)

 
10,198 satisfied customers
I had a chapter 7 discharge January 2010....my wife passed

I had a chapter 7 discharge January 2010....my wife passed away shortly thereafter. I find myself 5 years 3 months since that discharge awash with debt....My income consists of 1606 per month in survivor benefit plus another 1 K per month of 1099 income....My CC debt is only about 10K........In desperation I received 2 payday loans from some finance companies on indian reservations ( they claim they are exempt from AZ law making payday loans illegal) My unsecured debt is about 26K (loans and ccards and credit lines) and I am carrying 2 car payments of 431 and 565............I have gone thru my 401K trying to stay afloat but essentially my monthly bills run almost 1200 more than my income..........I am also in the process of getting my tax debt settled with IRS (my EA filed an OOC )........If I am correct I cannot file another 7 ....I was considering doing a voluntray repo on the more expensive vehicle...................crux of my question is do the lenders on soveriegn indian land exempt from state law???.....do I have any legal relief O can file....am I ever eliguble for a 7 again...can my social security be garnished.............

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Phillips Esq.

Attorney

Juris Doctor

 
16,572 satisfied customers
I am being sued for $62K by an auto finance company line

I am being sued for $62K by an auto finance company for a line of credit I personally guaranteed, I am not going to fight it so I understand they will get a judgment on me, I live in Texas, I have no real estate and very little cash in the bank and savings, I do have a 401K, and currently I am unemployed. What should I do with any money I do have to keep them from getting any.

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Roger

Litigation Attorney

Doctoral Degree

 
32,864 satisfied customers
"Is chapter 13 trustee entitled to any money if I cash out

"Is chapter 13 trustee entitled to any money if I cash out my 401k. The account was claimed as exempt with no timely objections filed. I no longer work with the company the account was started with, so borrowing is not an option. I have about $24,000 inthe account, What are my options?

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Roger

Litigation Attorney

Doctoral Degree

 
32,864 satisfied customers
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