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During my divorce I signed a promissory note for 85 thousand

During my divorce I signed a promissory note for 85 thousand can I file chapter13JA: What state are you in? And are you working with a local attorney?Customer: I'm in ga just looking for that answerJA: Has anything been filed in civil court? If so, what?Customer: NoJA: Anything else you want the lawyer to know before I connect you?Customer: Yes can I file chapter 13 on 35 this and granted to x in a judgment in divorce degree

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

54,018 satisfied customers
I think this applies to someone in collection law... but ill

I think this applies to someone in collection law... but ill try to be brief: Im being sued out of state, someone purchased my vehicle on ebay, claimed not as described. This is about a year old. Prob headed to trial. Anyway - i have no more money to fight the case and i dont want to declare BK to just make this "go away."1) i do not have any assets of any kind, and minimal savings. am currently unemployed. i was formerly in california at the time of the sale, but now live in VT. HOW would they seek to collect on my checking account there (less than $8K).2) how can i protect what i have? Start an LLC and put my $ there?3) alternatively - is it within my rights to file for a continuance in the hopes of finding representation at some point? IF there is a trial, i will not be able to go at this point and a default judgement for what should be an open and shut case would really be a shame...THANK YOU!!!

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legalg

Juris Doctorate

18,900 satisfied customers
I have a question about being a vendor (DJ) with a

Hi yes I have a question about being a vendor (DJ) with a restaurant that was closing down and is facing bankruptsyJA: What state are you in? And has anything been officially filed?Customer: CA No they are trying to settle with us to prevent bankruptsy they owe me 1800.00 and want to settle with about 500.00 saying they are dispersing the funds they have between the vendors. if they go into bankruptsy it is highly likely we will see nothingJA: Has anything been filed or reported?Customer: as far as I know, they have not filed or reported anything. They just sent us letters to settle to prevent having to file.JA: Anything else you want the lawyer to know before I connect you?Customer: They made a mistake and the original document said 1200.00 they owed me and would pay me about 333. They are willing to pay me out of pocket the difference to get me the 500.00. Also - Just wanting to know if this is a good deal or not. I am super bummed to lose all that money. I would be willing to wait if there was any chance to get it if they did declare bankrupts... but it sounds like its not likely according to them. I just want to make sure that is an honest statement.

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NYCLAWYER

Attorney

Juris Doctor.

42,896 satisfied customers
My wife and I are in month 38 of our Ch. 13. My mother, a

My wife and I are in month 38 of our Ch. 13. My mother, a new widow, would like to either gift us money or purchase some raw land for us in the amount of $42,000. Do I have to disclose this to my trustee?JA: What state are you in? And are you working with a local attorney?Customer: Yes. Arkansas. The attorney's assistant stated that the trustee would require liquidation of the property to pay unsecured debts, but I am not seeing any reference to that.JA: Has anything been filed in civil court? If so, what?Customer: Nothing in civil court.JA: Anything else you want the lawyer to know before I connect you?Customer: Not that I know of.

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legalg

Juris Doctorate

18,900 satisfied customers
A lender has filed a UCC lien on me/my business. I

A lender has filed a UCC lien on me/my business.I understand they can get the kitchen sink if they want, but what happens if I file CH13 ?

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Terry L.

Partner

Doctoral Degree

2,996 satisfied customers
MY ATTY NEVER SUGGESTED BANKRUPTCY I just settled on a L/T

MY ATTY NEVER SUGGESTED BANKRUPTCYI just settled on a L/T commercial case 2 days ago. I owed under $200k in back rent (for 4 properties), plus I had an option to purchase for $1M plus about $200k in back taxes and liens. Total around $1.4M.I settled because I was tired of fighting and if I lost, I was afraid of getting a jdgmt against me for $200k. I am in the process of selling my only other house and with the jdgmt then I would lose my equity in that sale.The day I settled, the judge asked 1) was I satisfied with the representation of my atty--YES 2)was everything explained to me --YES 3) Did I understand everything--YES. I agreed not to sue the plntf and gave up all rights to the props.I just now realized that if I sold --the 4 properties are worth around $1.7M.QUESTION--Is it too late to save the equity and do something thru BK chapter 7. I never did the numbers and my atty never suggested this idea of BK

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NYCLAWYER

Attorney

Juris Doctor.

42,896 satisfied customers
In considering a Chap 7 filing, have a question relating to

In considering a Chap 7 filing, have a question relating to the "means test".I have been regularly supplementing my monthly expense over income shortfall by taking distributions from my retirement IRA's. Although I am aware that most standard retirement accounts are exempt from being considered as personal assets available to use by a Trustee, I am trying to understand whether distributions from IRA accounts are considered as "income" when qualifying for Chap 7?As an example, if I would take a $3,000 normal (over 65 yrs old) distribution from an IRA each month and deposit it into my checking account for general use to pay expenses, would that be considered as additional income to be used for means testing?

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LawTalk

Attorney at Law

Juris Doctor

37,766 satisfied customers
Just filed for chapter 7. I have NOTHING but property. I do

Just filed for chapter 7. I have NOTHING but property. I do have equity in this property. My personal CC debt is approx $40,000.00 and my corporation (defunct) has $100K in CC debt. ( I personally signed for, no choice) The trustee is taking $45,000.00 out of the sale of my home. to pay off creditors. I am stunned by this amount.

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Terry L.

Partner

Doctoral Degree

2,996 satisfied customers
What happens if a debtor files an adversary complaint along

What happens if a debtor files an adversary complaint along with an emergency motion, but there is no summons served on a party (who is not a creditor) of the bankruptcy case?Does a summons need to be issued before a complaint is filed and/or answered to?

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TJ, Esq.

Juris Doctor (JD)

11,984 satisfied customers
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