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In the Utah code you sent me it states: 75-7-501 Rights of

In the Utah code you sent me it states:75-7-501 Rights of beneficiary's creditor or assignee."To the extent a beneficiary's interest is not protected by a spendthrift provision or Section25-6-14, the court may authorize a creditor or assignee of the beneficiary to reach the beneficiary's interest by attachment of present or future distributions to or for the benefit of the beneficiary or other means..."If the assets of the trust are to be used to provide for the needs of the settlor during the settlor's lifetime and the trust has a comprehensive spendthirift provision, does any asset protection from creditors obtain? In other words, is the settlor a beneficiary in the context of the spendthrift provision since the next section of the code refers to " Spendthrift provisions for beneficiaries other than the settlor."

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Phillips Esq.

Attorney

Juris Doctor

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For vehicle that has lien, you previously stated to list the

For vehicle that has lien, you previously stated to list the vehicle and the lienholder and my intent for the vehicle. You also stated to not use the Motor Vehicle exception for the vehicle. Is their an exception that will save the vehicle other than listing my intent for the vehicle.

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Terry L.

Partner

Doctoral Degree

2,938 satisfied customers
Filed chapter 13 lost my job. my house is not listed

filed chapter 13 lost my job. my house is not listed bankruptcy. I woe 35,000 on house. I have 401 rollover. what can I do nowJA: What state are you in? And has anything been officially filed?Customer: illinios, files for payment stall for 3 monthsJA: Has anything been filed in civil court? If so, what?Customer: just to exempt payment for 3 months and that is expired. I receive 700 unemploymentJA: Anything else you want the lawyer to know before I connect you?Customer: no

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Roger

Litigation Attorney

Doctoral Degree

34,670 satisfied customers
I have 3 cars, one recently purchased that I had planned on

I have 3 cars, one recently purchased that I had planned on doing reaffirm on to continue payments, 2006 Chrysler Pacifica and I was shocked to find that Nada values it for only 500 dollars I don't understand that lol but anyway would it be best to do a reaffirm and continue payments or to try to that other thing to pay based on value? The second car belongs to my husband he still owes on the car but the car dealer is no longer their we drive pass them and it's still a car lot but a different name. So how would we go about listing that car on the bankruptcy and he doesn't want to pay the back owed amount. The third car is paid for so going using the motor vehicle exception for that one.

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Terry L.

Partner

Doctoral Degree

2,938 satisfied customers
I'm in the state of, I'm getting ready to file a chapter 7

I'm in the state of Virginia, I'm getting ready to file a chapter 7 bankruptcy. The question I had is that I purchased furniture from a furniture store that offered no credit check financing provided through a third party company. I got behind on those payments and funny enough they haven't reached out to me and also I have no idea the name of that company since my payments were automatic until I switched banks. Will I have to give the furniture back (I know I'll have to get their info for the bankruptcy for list of debts matrix)? P.S.- I don't want to make up those missed payments, it's not even worth what I owe.

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Terry L.

Partner

Doctoral Degree

2,938 satisfied customers
In personal bankruptcy, what can they take? If you have a

In personal bankruptcy, what can they take? If you have a house and a lot of little things in the house like furniture, clothes, books, etc. All the personal things people normally have that wouldn't typically be worth much to other people, would they look to sell all of that stuff and put the person out on the street or is there a certain amount of property one is expected to be able to keep?

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Rovena Andoni

Juris Doctor

20 satisfied customers
We lease a home that is furnished. Virtually everything in

We lease a home that is furnished. Virtually everything in the home is owned by the lessor. We also have a judgement against us that would make us vulnerable to a constable coming to the door to seize assets. If a sheriff comes to the door what do I tell him inasmuch as we don't own any of the furnishings? Any other personal property in the house is well within the limits of allowed exemptions.

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Phillips Esq.

Attorney

Juris Doctor

20,788 satisfied customers
For DrakeLAW****, To recap - 1) I am 11 months into a

ForCustomer***Hi, Rich,To recap -1) I am 11 months into a Chapter 13 bankruptcy. My plan has been confirmed and an order on the Trustee's Motion to Allow Claims has been issued.2) My schedules include pre-petition debts owed to my condominium association. For a portion of the debt, the association obtained money judgments (one in 2013 and one in 2014). That portion totals approx. $19,500 and I scheduled it as secured debt. The remaining portion of the debt is approximately $10,500 and the association had neither obtained a money judgment nor recorded a memorandum of lien for the debt at the time I filed bankruptcy. Therefore, I scheduled it as 'unsecured' debt. The association has not submitted proofs of claim for the secured or unsecured debt.3) In our prior conversation on the subject, you raised concern as to whether the unsecured debt would somehow attach to the prior debt for which they obtained judgments. I am still unclear on this as I don't think we reached a conclusion. I will attach some documents that hopefully will help to reach a conclusion.4) I found language in the condo docs that indicates that a new purchaser of a unit is 'jointly and severally liable with the selling unit owner' for all unpaid assessments up to the time of sale. In the context of my bankruptcy, I wonder if this means that anyone who purchases my condo could still be pursued by the association for payment of the unsecured portion of the debt (even if it is discharged for me personally)? As for the legal technicalities for something like this - I believe it would be too late for the association to record a memorandum of lien for the debt (b/c Va code requires that such lien be filed within 90 days of the first assessment becoming overdue).....but could they still pursue a new owner for a money judgment? (This of course will affect the marketability of my unit you see!).

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DrakeLAW

Juris Doctorate

1,094 satisfied customers
I went through a tornado in 2015. A man without any

I went through a tornado in 2015. A man without any contract, or permits started to take my roof off, and put a new one on. He is now suing me. Would my VA compensation be exempt to pay him. as I understand VA compensation is exempt from creditors. The man is using a two word latin clause to excuse him from making a mistake, and coming to my house.

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legalg

Juris Doctorate

16,540 satisfied customers
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